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Part VIIIE+W+S Enforcement

Sheriff courts and designated county courtsE+W+S

[F167A National security: procedure.E+W+S

(1)Rules may make provision for enabling a court in which relevant proceedings have been brought, where it considers it expedient in the interests of national security—

(a)to exclude from all or part of the proceedings—

(i)the claimant;

(ii)the claimant’s representatives; or

(iii)the assessors (if any) appointed by virtue of section 67(4);

(b)to permit a claimant or representative who has been excluded to make a statement to the court before the commencement of the proceedings, or the part of the proceedings, from which he is excluded;

(c)to take steps to keep secret all or part of the reasons for its decision in the proceedings.

(2)The Attorney General or, in Scotland, the Advocate General for Scotland, may appoint a person to represent the interests of a claimant in, or in any part of, any proceedings from which [F2the claimant or his representatives] are excluded by virtue of subsection (1).

(3)A person appointed under subsection (2)—

(a)if appointed for the purposes of proceedings in England and Wales, must have a general qualification (within the meaning of section 71 of the M1Courts and Legal Services Act 1990); and

(b)if appointed for the purposes of proceedings in Scotland, must be—

(i)an advocate; or

[F3(ii)qualified to practice as a solicitor in Scotland.]

(4)A person appointed under subsection (2) shall not be responsible to the person whose interests he is appointed to represent.

(5)In this section—

Textual Amendments

F1S. 67A inserted (2.4.2001) by 2000 c. 34, s. 8 (with s. 10(5)); S.I. 2001/566, art. 2(1)

F2Words in s. 67A(2) substituted (18.4.2006) by Equality Act 2006 (c. 3), s. 90(a) (with s. 92); S.I. 2006/1082, art. 2(j)

Marginal Citations