The Proscribed Organisations Appeal Commission (Procedure) Rules 2007

Closed material

14.—(1) The Secretary of State—

(a) must apply to the Commission for permission to withhold closed material from the appellant or his representative in accordance with this rule; and

(b) may not rely on closed material at a hearing unless a special advocate has been appointed.

(2) The Secretary of State must file with the Commission and serve, within such time as the Commission directs, on the special advocate—

(a) the closed material, if he has not already done so;

(b) a statement of his reasons for withholding the material from the appellant or his representative; and

(c) if he considers it possible to summarise the material without disclosing information contrary to the public interest, a summary of that material in a form which can be served on the appellant.

(3) The Secretary of State must, at the same time as filing it, serve on the appellant any summary filed under paragraph (2)(c).

(4) Where the Secretary of State serves on the special advocate any closed material which he has redacted on grounds other than those of legal professional privilege—

(a) he must file the material with the Commission in an unredacted form, together with an explanation of the redactions; and

(b) the Commission must give a direction to the Secretary of State as to what he may redact.

(5) The Secretary of State may, at any time, amend or supplement material filed under this rule, but only with—

(a) the agreement of the special advocate; or

(b) the permission of the Commission.