SCHEDULES

SCHEDULE 3Exceptions to section 56

Closed material proceedings

I17

1

Section 56(1) does not apply in relation to any section 6 proceedings within the meaning given by section 14(1) of the Justice and Security Act 2013 (certain civil proceedings in which closed material applications may be made).

2

But sub-paragraph (1) does not permit a prohibited section 6 disclosure.

3

In the case of section 6 proceedings where the only relevant person is the Secretary of State, a “prohibited section 6 disclosure” means a disclosure of anything to—

a

any person, other than the Secretary of State, who is or was a party to the proceedings, or

b

any person who—

i

represents such a person for the purposes of the proceedings, and

ii

does so otherwise than by virtue of appointment as a special advocate.

4

In the case of section 6 proceedings where the Secretary of State is not the only relevant person, or is not a relevant person but is a party to the proceedings, a “prohibited section 6 disclosure” means a disclosure of anything to—

a

any person, other than the relevant person concerned or the Secretary of State, who is or was a party to the proceedings, or

b

any person who—

i

represents a person within paragraph (a) for the purposes of the proceedings, and

ii

does so otherwise than by virtue of appointment as a special advocate.

5

In this paragraph “relevant person”, in relation to section 6 proceedings, has the meaning given by section 14(1) of the Justice and Security Act 2013.