Justice and Security Act 2013

Valid from 25/06/2013

17 Disclosure proceedings U.K.

(1) This section applies where, by way of civil proceedings, a person (“A”) seeks the disclosure of information by another person (“B”) on the grounds that—

(a) wrongdoing by another person (“C”) has, or may have, occurred,

(b) B was involved with the carrying out of the wrongdoing (whether innocently or not), and

(c) the disclosure is reasonably necessary to enable redress to be obtained or a defence to be relied on in connection with the wrongdoing.

(2) A court may not, in exercise of its residual disclosure jurisdiction, order the disclosure of information sought (whether that disclosure would be to A or to another person) if the information is sensitive information.

(3) “Sensitive information” means information—

(a) held by an intelligence service,

(b) obtained from, or held on behalf of, an intelligence service,

(c) derived in whole or part from information obtained from, or held on behalf of, an intelligence service,

(d) relating to an intelligence service, or

(e) specified or described in a certificate issued by the Secretary of State, in relation to the proceedings, as information which B should not be ordered to disclose.

(4) The Secretary of State may issue a certificate under subsection (3)(e) only if the Secretary of State considers that it would be contrary to the public interest for B to disclose—

(a) the information,

(b) whether the information exists, or

(c) whether B has the information.

(5) For the purposes of subsection (4) a disclosure is contrary to the public interest if it would cause damage—

(a) to the interests of national security, or

(b) to the interests of the international relations of the United Kingdom.

(6) In this section—

• “enactment” means an enactment whenever passed or made and includes an enactment contained in—

  (a)

  an Act of the Scottish Parliament,

  (b)

  Northern Ireland legislation, or

  (c)

  a Measure or Act of the National Assembly for Wales,

• “Her Majesty's forces” has the same meaning as in the Armed Forces Act 2006,

• “information” includes—

  (a)

  information contained in any form of document or stored in any other way, and

  (b)

  alleged information,

• “intelligence service” means—

  (a)

  the Security Service,

  (b)

  the Secret Intelligence Service,

  (c)

  the Government Communications Headquarters, or

  (d)

  any part of Her Majesty's forces, or of the Ministry of Defence, which engages in intelligence activities,

• “obtained” means obtained directly or indirectly,

• “residual disclosure jurisdiction” means any jurisdiction to order the disclosure of information which is not specifically conferred as such a jurisdiction by or under an enactment.

(7) This section—

(a) enables the Secretary of State to issue a certificate under subsection (3)(e) where the Secretary of State is B as it enables the Secretary of State to issue such a certificate where another person is B, and

(b) does not restrict any other right or privilege that the Secretary of State can claim in order to resist an application for the disclosure of information.