Section 87: National Security
296.Section 87 inserts a new section 66B into the SDA.
297.New Section 66B allows for county and sheriff court rules to make provision permitting a court to take various forms of action which are considered expedient in the interests of national security. This is equivalent to section 67A of the RRA which was introduced by the RRAA. The power in section 66B will allow rules to be made to allow the court, when considering proceedings brought under this part of the SDA:
to exclude the claimant, the claimant’s representatives or any assessors from part or all of the proceedings;
to permit the claimant or representative to make a statement prior to the part of the proceedings from which they are excluded; and
to keep part or all of the reasons for a decision secret.
298.Where the claimant or representatives are excluded from part or all of proceedings under such rules, new section 66B(2) allows the Attorney General or Advocate General for Scotland to appoint a special advocate to represent the interests of the claimant.