- Latest available (Revised)
- Original (As enacted)
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
3(1)Rules of court relating to TPIM proceedings or appeal proceedings must secure that the Secretary of State is required to disclose—E+W+S+N.I.
(a)material on which the Secretary of State relies,
(b)material which adversely affects the Secretary of State's case, and
(c)material which supports the case of another party to the proceedings.
(2)This paragraph is subject to paragraph 4.
4(1)Rules of court relating to TPIM proceedings or appeal proceedings must secure—E+W+S+N.I.
(a)that the Secretary of State has the opportunity to make an application to the relevant court for permission not to disclose material otherwise than to the relevant court and any person appointed as a special advocate;
(b)that such an application is always considered in the absence of every party to the proceedings (and every party's legal representative);
(c)that the relevant court is required to give permission for material not to be disclosed if it considers that the disclosure of the material would be contrary to the public interest;
(d)that, if permission is given by the relevant court not to disclose material, it must consider requiring the Secretary of State to provide a summary of the material to every party to the proceedings (and every party's legal representative);
(e)that the relevant court is required to ensure that such a summary does not contain material the disclosure of which would be contrary to the public interest.
(2)Rules of court relating to TPIM proceedings or appeal proceedings must secure that provision to the effect mentioned in sub-paragraph (3) applies in cases where the Secretary of State—
(a)does not receive the permission of the relevant court to withhold material, but elects not to disclose it, or
(b)is required to provide a party to the proceedings with a summary of material that is withheld, but elects not to provide the summary.
(3)The relevant court must be authorised—
(a)if it considers that the material or anything that is required to be summarised might adversely affect the Secretary of State's case or support the case of a party to the proceedings, to direct that the Secretary of State—
(i)is not to rely on such points in the Secretary of State's case, or
(ii)is to make such concessions or take such other steps as the court may specify, or
(b)in any other case, to ensure that the Secretary of State does not rely on the material or (as the case may be) on that which is required to be summarised.
(4)In this paragraph—
(a)references to a party to the proceedings do not include the Secretary of State;
(b)references to a party's legal representative do not include a person appointed as a special advocate.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: