Justice and Security Act 2013 (c. 18)

Part 2 U.K. Disclosure of sensitive material

Closed material procedure: general U.K.

14 Sections 6 to 13: interpretation U.K.

(1) In sections 6 to 13 and this section—

• “enactment” means an enactment whenever passed or made and includes—

  (a)

  an enactment contained in this Act,

  (b)

  an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978,

  (c)

  an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament,

  (d)

  an enactment contained in, or in an instrument made under, Northern Ireland legislation, and

  (e)

  an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales,

• “the Human Rights Convention” means the Convention within the meaning of the Human Rights Act 1998 (see section 21(1) of that Act),

• “relevant civil proceedings” has the meaning given by section 6(11),

• “relevant person” has the meaning given by section 6(8) and includes any person treated as a relevant person by any enactment,

• [F1 “Secretary of State” includes the Chancellor of the Duchy of Lancaster,]

• “section 6 proceedings” has the meaning given by section 8(1) and includes any proceedings treated as section 6 proceedings by any enactment,

• “sensitive material” has the meaning given by section 6(11),

• “special advocate” has the meaning given by section 9(2),

and references to a party's legal representative do not include a person appointed as a special advocate.

(2) Nothing in sections 6 to 13 and this section (or in any provision made by virtue of them)—

(a) restricts the power to make rules of court or the matters to be taken into account when doing so,

(b) affects the common law rules as to the withholding, on grounds of public interest immunity, of any material in any proceedings, or

(c) is to be read as requiring a court or tribunal to act in a manner inconsistent with Article 6 of the Human Rights Convention.

Textual Amendments

F1 Words in s. 14(1) inserted (3.5.2023) by The Secretaries of State for Energy Security and Net Zero, for Science, Innovation and Technology, for Business and Trade, and for Culture, Media and Sport and the Transfer of Functions (National Security and Investment Act 2021 etc) Order 2023 (S.I. 2023/424), art. 1(2), Sch. para. 17 (with art. 17)

Commencement Information

I1 S. 14 in force at 25.6.2013 by S.I. 2013/1482, art. 2 (with arts. 3, 4)