The Civil Procedure Rules 1998

[F1 Appointment of a special advocate E+W

82.9.— (1) Subject to paragraphs (2) and (3), where—

(a) the Secretary of State decides to make an application under section 6(2) of the Act for a declaration; or

(b) the Secretary of State receives written notice under rule 82.21 (notification of intention to make application for a declaration) that a party other than the Secretary of State intends to make such an application; or

(c) the Secretary of State receives written notice under rule 82.31 (review of certification) of an application under section 18(1) of the Act to have a certificate issued under section 17(3)(e) of the Act set aside,

the Secretary of State must immediately give notice of the proceedings to the Attorney General (who, under section 9(1) of the Act, has the power to appoint a special advocate).

(2) Paragraph (1) applies unless a special advocate has already been appointed to represent the interests of the specially represented party in the proceedings and that special advocate is not prevented from communicating with that party by virtue of rule 82.11 (special advocate: communicating about proceedings).

(3) Paragraph (1) applies whether the proceedings are in the High Court or the Court of Appeal.

(4) Where any proceedings to which this Section applies are pending but no special advocate has been appointed, any party or the Secretary of State may request that the Attorney General appoint a special advocate.]

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.