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.