Textual Amendments
F1Pt. 79 inserted (4.12.2008) by The Civil Procedure (Amendment No.2) Rules 2008 (S.I. 2008/3085), rule 1, Sch.
79.25.—(1) The Treasury—
(a)must apply to the court for permission to withhold closed material from another party and that party’s legal representative in accordance with this rule; and
(b)may not rely on closed material at a hearing unless a special advocate has been appointed and attends the hearing to represent the interests of that party.
(2) The Treasury must file with the court and serve, at such time as the court directs, on the special advocate—
(a)the closed material;
(b)a statement of the reasons for withholding that material from the specially represented party; and
(c)if the Treasury consider it possible to summarise that material without disclosing information contrary to the public interest, a summary of that material in a form which can be served on the specially represented party or that party’s legal representative.
(3) Where the Treasury serve on the special advocate any closed material which has been redacted on grounds other than those of legal professional privilege—
(a)the Treasury must file with the court the material in an unredacted form together with an explanation of the redactions; and
(b)the court will give a direction to the Treasury as to what may be redacted and what, if any, must be served on the special advocate in an undredacted form.
(4) The Treasury may at any time amend or supplement material filed under this rule, but only with—
(a)the agreement of the special advocate; or
(b)the permission of the court.]