SCHEDULES

SCHEDULE 2Consequential provision

Part 2Closed material procedure

Senior Courts Act 1981 (c. 54)

8

(1)

Section 69 of the Senior Courts Act 1981 (trial by jury) is amended as follows.

(2)

In subsection (1), at the end, insert “ or unless the court is of opinion that the trial will involve section 6 proceedings ”.

(3)

After subsection (3) insert—

“(3A)

An action in the Queen's Bench Division which by virtue of subsection (1) or (3) is being, or is to be, tried with a jury may, at any stage in the proceedings, be tried without a jury if the court concerned—

(a)

is of opinion that the action involves, or will involve, section 6 proceedings, and

(b)

in its discretion orders the action to be tried without a jury.

(3B)

Where the court makes an order under subsection (3A)(b), it may make such other orders as it considers appropriate (including an order dismissing the jury).”

(4)

In subsection (4) for “(3)” substitute “ (3B) ”.

(5)

After subsection (5) insert—

“(6)

In this section “section 6 proceedings” has the meaning given by section 14(1) of the Justice and Security Act 2013 (certain civil proceedings in which closed material applications may be made).”