The Employment Appeal Tribunal (Amendment) Rules 2001

Amendment of rules

19.  For rule 30, substitute—

“Duty of Appeal Tribunal concerning disclosure of information

30.   When exercising its functions, the Appeal Tribunal shall ensure that information is not disclosed contrary to the interests of national security.

Proceedings in cases concerning national security

30A.— (1) A Minister of the Crown (whether or not he is a party to the proceedings) may, if he considers it expedient in the interests of national security, direct the Appeal Tribunal by notice to the Registrar to—

(a) sit in private for all or part of particular Crown employment proceedings;

(b) exclude any party who was the applicant in the proceedings before the employment tribunal from all or part of particular Crown employment proceedings;

(c) exclude the representatives of any party who was the applicant in the proceedings before the employment tribunal from all or part of particular Crown employment proceedings;

(d) take steps to conceal the identity of a particular witness in particular Crown employment proceedings.

(2) The Appeal Tribunal may, if it considers it expedient in the interests of national security, by order—

(a) do anything of a kind which the Appeal Tribunal can be required to do by direction under paragraph (1) of this rule;

(b) direct any person to whom any document (including any decision or record of the proceedings) has been provided for the purposes of the proceedings not to disclose any such document or the content thereof—

(i) to any excluded person;

(ii) in any case in which a direction has been given under paragraph (1)(a) or an order has been made under paragraph (2)(a) read with paragraph (1)(a), to any person excluded from all or part of the proceedings by virtue of such direction or order; or

(iii) in any case in which a Minister of the Crown has informed the Registrar in accordance with paragraph (3) that he wishes to address the Appeal Tribunal with a view to the Tribunal making an order under paragraph (2)(a) read with paragraph (1)(b) or (c), to any person who may be excluded from all or part of the proceedings by virtue of such an order, if an order is made, at any time before the Appeal Tribunal decides whether or not to make such an order;

(c) take steps to keep secret all or part of the reasons for any order it makes.

• The Appeal Tribunal shall keep under review any order it makes under this paragraph.

(3) In any proceedings in which a Minister of the Crown considers that it would be appropriate for the Appeal Tribunal to make an order as referred to in paragraph (2), he shall (whether or not he is a party to the proceedings) be entitled to appear before and to address the Appeal Tribunal thereon. The Minister shall inform the Registrar by notice that he wishes to address the Appeal Tribunal and the Registrar shall copy the notice to the parties.

(4) In any proceedings in which there is an excluded person, the Appeal Tribunal shall inform the Attorney General or, in the case of an appeal from an employment tribunal in Scotland, the Advocate General for Scotland, of the proceedings before it with a view to the Attorney General (or, as the case may be, the Advocate General), if he thinks it fit to do so, appointing a special advocate to represent the interests of the person who was the applicant in the proceedings before the employment tribunal in respect of those parts of the proceedings from which—

(a) any representative of his is excluded;

(b) both he and his representative are excluded; or

(c) he is excluded, where he does not have a representative.

(5) A special advocate shall have a general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990(1), or, in the case of an appeal from an employment tribunal in Scotland, shall be—

(a) an advocate; or

(b) a solicitor who has by virtue of section 25A of the Solicitors (Scotland) Act 1980(2) rights of audience in the Court of Session or the High Court of Justiciary.

(6) Where the excluded person is a party to the proceedings, he shall be permitted to make a statement to the Appeal Tribunal before the commencement of the proceedings, or the part of the proceedings, from which he is excluded.

(7) Except in accordance with paragraphs (8) to (10), the special advocate may not communicate directly or indirectly with any person (including an excluded person)—

(a) (except in the case of the Appeal Tribunal or the party who was the respondent in the proceedings before the employment tribunal) on any matter contained in the documents referred to in rule 3(5), 3(6), 6(7) or 6(8)(b); or

(b) (except in the case of a person who was present) on any matter discussed or referred to during any part of the proceedings in which the Appeal Tribunal sat in private pursuant to a direction of the Minister under paragraph (1)(a) or an order of the Appeal Tribunal under paragraph (2)(a) read with paragraph (1)(a).

(8) The special advocate may apply for directions from the Appeal Tribunal authorising him to seek instructions from, or otherwise to communicate with, an excluded person—

(a) on any matter contained in the documents referred to in rule 3(5), 3(6), 6(7) or 6(8)(b); or

(b) on any matter discussed or referred to during any part of the proceedings in which the Appeal Tribunal sat in private as referred to in paragraph (7)(b).

(9) An application under paragraph (8) shall be made by presenting to the Registrar a notice of application, which shall state the title of the proceedings and set out the grounds of the application.

(10) The Registrar shall notify the Minister of an application for directions under paragraph (8) and the Minister shall be entitled to address the Appeal Tribunal on the application.

(11) In these rules, in any case in which a special advocate has been appointed in respect of a party, any reference to a party shall (save in those references specified in paragraph (12)) include the special advocate.

(12) The references mentioned in paragraph (11) are those in rules 5 and 18, the first and second references in rule 27(1A), paragraphs (1) and (6) of this rule, the first reference in paragraph (3) of this rule, rule 34(1), the reference in item 4 of Form 1, and in item 4 of Form 1A, in the Schedule to these Rules.”.

(1)

1990 c. 41.

(2)

1980 c. 46.