SCHEDULE 3Exceptions to section 56
Closed material proceedings
7
(1)
Section 56(1) does not apply in relation to any section 6 proceedings within 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).
(2)
But sub-paragraph (1) does not permit a prohibited section 6 disclosure.
(3)
In the case of section 6 proceedings where the only relevant person is the Secretary of State, a “prohibited section 6 disclosure” means a disclosure of anything to—
(a)
any person, other than the Secretary of State, who is or was a party to the proceedings, or
(b)
any person who—
(i)
represents such a person for the purposes of the proceedings, and
(ii)
does so otherwise than by virtue of appointment as a special advocate.
(4)
In the case of section 6 proceedings where the Secretary of State is not the only relevant person, or is not a relevant person but is a party to the proceedings, a “prohibited section 6 disclosure” means a disclosure of anything to—
(a)
any person, other than the relevant person concerned or the Secretary of State, who is or was a party to the proceedings, or
(b)
any person who—
(i)
represents a person within paragraph (a) for the purposes of the proceedings, and
(ii)
does so otherwise than by virtue of appointment as a special advocate.
(5)
In this paragraph “relevant person”, in relation to section 6 proceedings, has the meaning given by section 14(1) of the Justice and Security Act 2013.