The Civil Procedure Rules 1998

[F1 Appointment of a special advocate E+W

76.23.— (1) Subject to paragraph (2), the Secretary of State must immediately give notice of the proceedings to the [F2 Attorney General] upon—

(a) making an application under section 4(1) of the Act (relating to a derogating control order);

(b) making an application under section 3(1)(a) of the Act (application for permission to make a non-derogating control order);

(c) making a reference under section 3(3) of the Act (reference of a non-derogating control order made without permission); or

(d) being served with a copy of any application, claim, or notice of appeal in proceedings to which this Part applies.

(2) Paragraph (1) applies unless—

(a) the Secretary of State does not intend to—

(i) oppose the appeal or application; or

(ii) withhold closed material from a relevant party; or

(b) a special advocate has already been appointed to represent the interests of the relevant party in the proceedings and that special advocate is not prevented from communicating with that party by virtue of rule 76.25.

(3) Where notice is given to the [F3 Attorney General] under paragraph (1), the [F3 Attorney General] may appoint a special advocate to represent the interests of the relevant party in the proceedings.

(4) Where any proceedings to which this Part apply are pending but no special advocate has been appointed, a relevant party or the Secretary of State may request the [F4 Attorney General] to appoint a special advocate.]

Textual Amendments

F1 Pt. 76 inserted (14.3.2005) by The Civil Procedure (Amendment No. 2) Rules 2005 (S.I. 2005/656), rule 1, Sch.

F2 Words in rule 76.23(1) substituted (6.4.2008) by The Civil Procedure (Amendment No.2) Rules 2007 (S.I. 2007/3543), rules 1(b), 10(c)(i)

F3 Words in rule 76.23(3) substituted (6.4.2008) by The Civil Procedure (Amendment No.2) Rules 2007 (S.I. 2007/3543), rules 1(b), 10(c)(ii)

F4 Words in rule 76.23(4) substituted (6.4.2008) by The Civil Procedure (Amendment No.2) Rules 2007 (S.I. 2007/3543), rules 1(b), 10(c)(iii)