The Information Tribunal (National Security Appeals) Rules 2005

Applications by relevant Minister

This section has no associated Explanatory Memorandum

17.—(1) This rule applies in any case where the Tribunal proposes to–

(a)give or vary any direction under rule 16 above or rule 19(2) below,

(b)issue a summons under rule 21 below, or

(c)certify or publish a determination under rule 28 below.

(2) Before the Tribunal proceeds as proposed in any case to which this rule applies, it must first notify the relevant Minister of the proposal.

(3) If the relevant Minister considers that proceeding as proposed by the Tribunal would cause information that is or would be exempt by virtue of a provision in Part II of the 2000 Act to be disclosed, he may make an application to the Tribunal requesting it to reconsider the proposal or reconsider it to any extent.

(4) An application by the relevant Minister under paragraph (3) above must be made within 14 days of receipt of notification under paragraph (2) above, and the Tribunal must not proceed as proposed in any case to which this rule applies before that period has expired, otherwise than in accordance with rule 18 below, unless the Minister has indicated that he does not object.

(5) Where the relevant Minister makes an application under this rule, the Tribunal must not proceed as proposed otherwise than in accordance with rule 18 below.