38. After Part 7 insert—U.K.
A.—(1) The functions under rule 9(1) above by virtue of rule 9(1)(e) are exercisable by the Secretary of State (and not the Department of Justice).
(2) Where in any case the Secretary of State certifies by virtue of rule 9(1)(e) any information, document or evidence as confidential information, Parts 1 to 6 above apply for that case subject to paragraphs (3) to (5) below.
(3) Rule 9(3) above applies in relation to the Secretary of State’s certification as if references to the Department of Justice were references to the Secretary of State.
(4) So far as required by the Secretary of State for purposes connected with the confidential information certified by the Secretary of State, the Commissioners (or any of them) must—
(a)conduct the case and otherwise carry out their functions as if the Secretary of State were a party (instead of, or in addition to, the Department of Justice);
(b)permit the Secretary of State to carry out functions of the Department of Justice accordingly.
(5) Rule 28(1) above has effect as if after sub-paragraph (b) there were inserted—
“(ba)in the case of a document directed to the Secretary of State, to any offices of the Northern Ireland Office;”.
The cases covered by paragraph (2) above include cases where the certification was made before the coming into force of the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010.
B.—(1) This rule applies to any case to which rule 32(3) above applies.
(2) The functions under rule 15(1) of the 2001 Rules by virtue of rule 15(1)(e) are to continue to be exercisable by the Secretary of State and, accordingly, rule 32(3) does not transfer—
(a)any function under rule 15(1) by virtue of rule 15(1)(e), or
(b)any function under rule 15(3) of the 2001 Rules in relation to a certification by virtue of rule 15(1)(e).
(3) Paragraphs (4) and (5) below apply if—
(a)before the coming into force of the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 a certification was made by virtue of rule 15(1)(e) of the 2001 Rules, or
(b)after the coming into force of that Order a certification is made by virtue of rule 15(1)(e) of the 2001 Rules.
(4) So far as required by the Secretary of State for purposes connected with the information, document or evidence certified, the Commissioners (or any of them) must—
(a)conduct the case and otherwise carry out their functions as if the Secretary of State were a party (instead of, or in addition to, the Department of Justice);
(b)permit the Secretary of State to carry out functions of the Department of Justice accordingly.
(5) Rule 21(1) of the 2001 Rules has effect as if after sub-paragraph (b) there were inserted—
“(ba)in the case of a document directed to the Secretary of State, to any offices of the Northern Ireland Office;”.”
Commencement Information
I1Sch. 5 para. 38 in force at 12.4.2010, see art. 1(2)