Part 2Disclosure of sensitive material
Closed material procedure: general
I111General provision about section 6 proceedings
1
A person making rules of court relating to section 6 proceedings must have regard to the need to secure that disclosures of information are not made where they would be damaging to the interests of national security.
2
Rules of court relating to section 6 proceedings may make provision—
a
about the mode of proof and about evidence in the proceedings,
b
enabling or requiring the proceedings to be determined without a hearing,
c
about legal representation in the proceedings,
d
enabling the proceedings to take place without full particulars of the reasons for decisions in the proceedings being given to a party to the proceedings (or to any legal representative of that party),
e
enabling the court concerned to conduct proceedings in the absence of any person, including a party to the proceedings (or any legal representative of that party),
f
about the functions of a person appointed as a special advocate,
g
enabling the court to give a party to the proceedings a summary of evidence taken in the party's absence.
3
In subsection (2) references to a party to the proceedings do not include the relevant person concerned and (if the Secretary of State is not the relevant person but is a party to the proceedings) the Secretary of State.
4
The following proceedings are to be treated as section 6 proceedings for the purposes of sections 8 to 10, this section and sections 12 to 14—
a
proceedings on, or in relation to, an application for a declaration under section 6,
b
proceedings on, or in relation to, a decision of the court to make a declaration under that section of its own motion,
c
proceedings on, or in relation to, an application for a revocation under section 7, and
d
proceedings on, or in relation to, a decision of the court to make a revocation under that section of its own motion.
5
In proceedings treated as section 6 proceedings by virtue of subsection (4), a relevant person, for the purposes of sections 8 to 10, this section and sections 12 to 14, is a person who would be required to disclose sensitive material in the course of the proceedings.