SCHEDULE 9Determination of whether the prohibition on civil actions applies
Right of the Secretary of State to intervene
2
(1)
This paragraph applies to an action if—
(a)
sufficient evidence is adduced to raise an issue as to whether it is an action that contravenes a section 43 prohibition, or
(b)
it otherwise appears to the court that it may be an action that contravenes a section 43 prohibition.
(2)
The Secretary of State is entitled to be given notice, in accordance with rules of court, that it may be an action that contravenes a section 43 prohibition.
(3)
The Secretary of State (or a person nominated by the Secretary of State) is entitled, on giving notice in accordance with rules of court, to be joined as a party to the action.
(4)
Notice under sub-paragraph (3) may be given at any time during proceedings relating to the action.
(5)
A person who has been made a party to the action as the result of a notice under sub-paragraph (3) may take part in proceedings so far as they concern the question of whether it is an action that contravenes a section 43 prohibition.