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SCHEDULES

SCHEDULE 3U.K.Exceptions to section 56

Closed material proceedingsU.K.

7(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).U.K.

(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.

Commencement Information

I1Sch. 3 para. 7 in force at 27.6.2018 by S.I. 2018/652, reg. 8(w)