Part 2Disclosure of sensitive material

Closed material procedure: general

9Appointment of special advocate

1

The appropriate law officer may appoint a person to represent the interests of a party in any section 6 proceedings from which the party (and any legal representative of the party) is excluded.

2

A person appointed under subsection (1) is referred to in this section as appointed as a “special advocate”.

3

The “appropriate law officer” is—

a

in relation to proceedings in England and Wales, the Attorney General,

b

in relation to proceedings in Scotland, the Advocate General for Scotland, and

c

in relation to proceedings in Northern Ireland, the Advocate General for Northern Ireland.

4

A person appointed as a special advocate is not responsible to the party to the proceedings whose interests the person is appointed to represent.

5

A person may be appointed as a special advocate only if—

a

in the case of an appointment by the Attorney General, the person has a general qualification for the purposes of section 71 of the Courts and Legal Services Act 1990,

b

in the case of an appointment by the Advocate General for Scotland, the person is an advocate or a solicitor who has rights of audience in the Court of Session or the High Court of Justiciary by virtue of section 25A of the Solicitors (Scotland) Act 1980, and

c

in the case of an appointment by the Advocate General for Northern Ireland, the person is a member of the Bar of Northern Ireland.