Part VIII Enforcement

Sheriff courts and designated county courts

67AF1 National security: procedure.

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 the claimant and 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

ii

a solicitor who has by virtue of section 25A of the M2Solicitors (Scotland) Act 1980 rights of audience in the Court of Session or the High Court of Justiciary.

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—

  • “relevant proceedings” means proceedings brought under this Act—

    1. a

      in England and Wales, in a designated county court; or

    2. b

      in Scotland, in a sheriff court; and

  • “rules” has the same meaning as in section 65.