Appointment of person to represent the appellant’s interests.
6
1
The relevant law officer may appoint a person to represent the interests of an appellant in any proceedings before the Special Immigration Appeals Commission from which the appellant and any legal representative of his are excluded.
2
For the purposes of subsection (1) above, the relevant law officer is—
a
in relation to proceedings before the Commission in England and Wales, the Attorney General,
b
in relation to proceedings before the Commission in Scotland, the Lord Advocate, and
c
in relation to proceedings before the Commission in Northern Ireland, the Advocate General for Northern Ireland.
3
A person appointed under subsection (1) above—
a
if appointed for the purposes of proceedings in England and Wales, shall have a general qualification for the purposes of section 71 of the Courts and Legal Services Act 1990,
b
if appointed for the purposes of proceedings in Scotland, shall be—
i
an advocate, or
ii
a solicitor who has by virtue of section 25A of the Solicitors (Scotland) Act 1980 rights of audience in the Court of Session and the High Court of Justiciary, and
c
if appointed for the purposes of proceedings in Northern Ireland, shall be a member of the Bar of Northern Ireland.
4
A person appointed under subsection (1) above shall not be responsible to the person whose interests he is appointed to represent.
S. 6: functions transferred (6.5.1999) by S.I. 1999/901, art. 5, Sch. (with arts. 8, 9)
S. 6 applied (14.12.2001) by 2001 c. 24, s. 27(1)(a)
1990 c. 41.
1980 c. 46.
Words in s. 6(2)(c) substituted (12.4.2010 being the date that 2002 c. 26, s. 27 comes into force, see S.I. 2010/113, art. 2, Sch. para. 7) by Counter-Terrorism Act 2008 (c. 28), s. 91(2)(3) (with s. 101(2))
Ss. 5, 6 applied by 2002 c. 41, s. 97A(2K) (as inserted (25.6.2013) by Crime and Courts Act 2013 (c. 22), ss. 54(4), 61(2); S.I. 2013/1042, art. 4(c))
S. 6 applied (31.1.2020) by The Immigration (Citizens Rights Appeals) (EU Exit) Regulations 2020 (S.I. 2020/61), regs. 1(2), 15(11)