Paragraph 4
100.This paragraph makes further provision for rules of court made in exercise of the relevant powers.
101.Sub-paragraphs (1) and (2) set out the matters for which such rules may make provision. Rules may provide, for example, that proceedings are to be conducted in the absence of the controlled person, and his legal representative, when the court hears sensitive evidence in closed session. Rules may also allow the court to give the controlled person a summary of the evidence taken in his absence.
102.Sub-paragraph (3) sets out the procedures that must be secured by such rules. Rules must make provision:
To require the Secretary of State (subject to rules made under sub-paragraph (3)(b) to (g)) to disclose all ‘relevant material’, which is defined in sub-paragraph (5) as any information or other material that is available to the Secretary of State and relevant to the matters in the proceedings and the reasons for decisions to which the proceedings relate.
To allow the Secretary of State an opportunity to apply to the court for permission not to disclose relevant material to anyone other than the court or persons appointed under paragraph 7 of the Schedule (the special advocates).
To ensure that the court always considers such an application in the absence of the controlled person (or any other relevant party) and his legal representative.
To ensure that the court must give permission for material to be withheld where the court considers that disclosure of that material would be contrary to the public interest.
To ensure that where the court grants permission for material not to be disclosed the court considers requiring the Secretary of State to provide the relevant party and his legal representative with a summary of the material.
To ensure that, where the Secretary of State elects not to disclose relevant material, or provide a summary, the court may prevent the Secretary of State from relying on that material, or matters required to be summarised. The court may also require the Secretary of State to withdraw any allegation or argument to which that material (or matters required to be summarised) relates.
