The Charity Tribunal Rules 2008

Exceptions to disclosure

15.—(1) A party is not required to allow for the inspection of any document in a list under these Rules where inspection could not be compelled in a civil trial in England or Wales.

(2) A party who can establish a ground in paragraph (3) may make a request to the Tribunal, without giving notice to any other party, for a direction under rule 3 (directions) authorising that party not to include a document in the list, or not to allow for the inspection of a document in the list, required by rule 18(4)(a) (Commission’s response), 19(3) (appellant’s reply) or 20(1) (secondary disclosure by Commission).

(3) A party making a request under paragraph (2) must state in that request that a document should not be included or inspected on the ground that it—

(a) would not be in the public interest;

(b) may be prejudicial to national security; or

(c) would not be fair having regard to the potential prejudice which may be caused to the legitimate interests of an appellant or a person other than an appellant.

(4) For the purpose of deciding a request by a party under paragraph (2), the Tribunal may—

(a) require that the document be produced to the Tribunal together with a statement of the reasons why it should not be included on a list or inspected as the case may be; and

(b) without disclosing the document, invite any other person to make representations.