SCHEDULES

SCHEDULE 3Temporary exclusion orders: proceedings

Rules of court: general provision

2

1

A person making rules of court relating to TEO proceedings or appeal proceedings must have regard to the need to secure the following—

a

that the decisions that are the subject of the proceedings are properly reviewed, and

b

that disclosures of information are not made where they would be contrary to the public interest.

2

Rules of court relating to TEO proceedings or appeal proceedings may make provision—

a

about the mode of proof and about evidence in the proceedings;

b

enabling or requiring the proceedings to be determined without a hearing;

c

about legal representation in the proceedings;

d

enabling the proceedings to take place without full particulars of the reasons for the decisions to which the proceedings relate being given to a party to the proceedings (or to any legal representative of that party);

e

enabling the relevant court to conduct proceedings in the absence of any person, including a party to the proceedings (or any legal representative of that party);

f

about the functions of a person appointed as a special advocate (see paragraph 10);

g

enabling the relevant court to give a party to the proceedings a summary of evidence taken in the party's absence.

3

In this paragraph—

a

references to a party to the proceedings do not include the Secretary of State;

b

references to a party's legal representative do not include a person appointed as a special advocate.