Part 9Enforcement

Chapter 2Civil courts

I1117National security

1

Rules of court may, in relation to proceedings on a claim within section 114, confer power as mentioned in subsections (2) to (4); but a power so conferred is exercisable only if the court thinks it expedient to do so in the interests of national security.

2

The rules may confer power to exclude from all or part of the proceedings—

a

the claimant or pursuer;

b

a representative of the claimant or pursuer;

c

an assessor.

3

The rules may confer power to permit a claimant, pursuer or representative who has been excluded to make a statement to the court before the commencement of the proceedings, or part of the proceedings, to which the exclusion relates.

4

The rules may confer power to take steps to keep secret all or part of the reasons for the court's decision.

5

The Attorney General or, in Scotland, the Advocate General for Scotland may appoint a person to represent the interests of a claimant or pursuer in, or in any part of, proceedings to which an exclusion by virtue of subsection (2)(a) or (b) relates.

6

A person (P) may be appointed under subsection (5) only if—

a

in relation to proceedings in England and Wales, P is a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes the exercise of a right of audience or the conduct of litigation;

b

in relation to proceedings in Scotland, P is an advocate or qualified to practice as a solicitor in Scotland.

7

P is not responsible to the person whose interests P is appointed to represent.