The Civil Procedure Rules 1998

[F1 SECTION III E+W Applications under section 6(2) of the Act

Textual Amendments

F1 Pt. 82 inserted (27.6.2013) by The Civil Procedure (Amendment No. 5) Rules 2013 (S.I. 2013/1571), rule 1, Sch.

Scope of this Section E+W

82.19.   This Section contains rules about applications under section 6(2) of the Act (application for a declaration that the proceedings are proceedings in which a closed material application may be made).

Possible application for declaration under section 6(2) of the Act by Secretary of State: notification to Secretary of State if not a party E+W

82.20.— (1) This rule applies where the Secretary of State is not a party to relevant civil proceedings but—

(a) it appears to—

(i) a party to those proceedings; or

(ii) the court,

that the party may be required to disclose material the disclosure of which would be damaging to the interests of national security, and

(b) either—

(i) the party does not intend to make an application under section 6(2) of the Act for a declaration; or

(ii) the court does not consider it appropriate to make such a declaration of its own motion.

(2) Where this rule applies by virtue of paragraph (1)(a)(i) and (b)(i)—

(a) the party must—

(i) notify the Secretary of State and the court in writing; and

(ii) not disclose the material in question unless and to the extent that the court directs; and

(b) the court must on receiving notification give such directions as appear necessary pending the Secretary of State’s response.

(3) Where this rule applies by virtue of paragraph (1)(a)(ii) and (b)(ii), the court must—

(a) direct the party in question not to disclose the material in question unless and to the extent the court directs otherwise;

(b) notify the Secretary of State in writing; and

(c) give such directions as appear necessary pending the Secretary of State’s response.

(4) Within 14 days of being notified in accordance with paragraph (2) or (3), the Secretary of State must respond in writing to the court—

(a) confirming that the Secretary of State intends to apply under section 6(2) of the Act for a declaration;

(b) confirming that the Secretary of State does not intend to apply for such a declaration; or

(c) requesting further time to consider whether to apply for such a declaration.

(5) The court—

(a) may stay the proceedings either on application by a party or of its own motion where the Secretary of State has been notified under paragraph (2) or (3); and

(b) must stay the proceedings where the Secretary of State responds in accordance with paragraph (4)(a) or (c).

(6) Any stay may be subject to conditions, including a condition that the application must be made, or confirmation given that no application will be made, within a time specified by the court.

Notification of intention to make application for a declaration E+W

82.21.— (1) Any person who intends to make an application under section 6(2) of the Act for a declaration—

(a) must, at least 14 days before making the application, serve written notice of that intention on the court and on every other party to the relevant civil proceedings and (if the Secretary of State is not a party) on the Secretary of State;

(b) may at any time apply to the court for the relevant civil proceedings to which the declaration would relate to be stayed pending—

(i) the application; or

(ii) the person’s consideration of whether to make an application.

(2) The court may stay the relevant civil proceedings to which the declaration would relate on an application under paragraph (1)(b) or of its own motion.

(3) Any stay may be subject to conditions, including a condition that the application must be made, or confirmation given that no application will be made, within a time specified by the court.

Application for a declaration E+W

82.22.— (1) An application under section 6(2) of the Act for a declaration must be made by the applicant filing with the court—

(a) a statement of reasons to support the application and any additional written submissions;

(b) material in relation to which the court is asked to find that the first condition in section 6 of the Act is met;

(c) the details of any special advocate already appointed under rule 82.9 (appointment of a special advocate).

(2) Where the applicant is the Secretary of State, the statement of reasons required by paragraph (1)(a) must include the Secretary of State’s reasons for not making, or not advising another person to make, a claim for public interest immunity in relation to the material on which the application would be based.

Directions for hearing of an application E+W

82.23.— (1) When a party to relevant civil proceedings or (if the Secretary of State is not a party) the Secretary of State makes an application under section 6(2) of the Act for a declaration, the court must serve notice of the application on—

(a) all other parties and (if the Secretary of State is neither a party nor the applicant) the Secretary of State;

(b) the legal representatives of all other parties and (where relevant) the Secretary of State; and

(c) the special advocate,

and must give directions for a directions hearing unless it considers that the application can be determined on the papers, in which case it must give directions as it considers appropriate.

(2) Any directions hearing shall take place in the absence of the specially represented party and the specially represented party’s legal representative.

(3) At the directions hearing the court must give directions—

(a) for the hearing of the application; and

(b) specifying a date and time by which the parties and the special advocate must file and serve any written evidence or written submissions.

(3) The hearing of the application shall take place in the absence of the specially represented party and the specially represented party’s legal representative.

Notification by applicant following hearing of application E+W

82.24.— (1) When the court has determined an application made under section 6(2) of the Act, the applicant must within 7 days of that determination serve written notice of the outcome of the application on every other party to the proceedings and (if the Secretary of State is not a party) on the Secretary of State.

(2) The notice must be limited to stating whether the application was granted or refused.

Secretary of State to be joined where declaration made E+W

82.25.   If the court makes a declaration under section 6 of the Act and the Secretary of State is not already a party to the proceedings in relation to which the declaration is made, the court must order the Secretary of State to be joined as a party to those proceedings, unless the Secretary of State does not wish to be joined and notifies the court in writing accordingly.

Directions following declaration E+W

82.26.— (1) If the court makes a declaration under section 6 of the Act, it must give directions for the further management of the case, or for a directions hearing, or for both.

(2) The court must, either when giving directions under paragraph (1) or at the directions hearing (if it directs such a hearing), give directions—

(a) for a hearing of a closed material application; and

(b) specifying a date and time by which the parties and special advocate must file and serve any written evidence or written submissions,

unless it considers that the application can be determined on the papers, in which case it must give directions as it considers appropriate.

(3) Directions given under this rule may include directions for—

(a) the filing by any party of—

(i) a statement of case; or

(ii) an amended statement of case; and

(b) a hearing of a closed material application in relation to such a statement of case.]