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79.29.—(1) This rule applies where the court proposes, in any proceedings to which [F3Section 2 or 3 of] this Part applies, to serve on a party other than [F4the appropriate Minister] —
(a)notice of any order or direction made or given in the absence of [F4the appropriate Minister]; or
(b)any written judgment.
(2) Before the court serves any such notice or judgment on a party other than [F4the appropriate Minister], it will first serve notice on [F4the appropriate Minister] of its intention to do so.
(3) [F4the appropriate Minister] may, within 5 days of being served with notice under paragraph (2), apply to the court to reconsider the terms of the order or direction or to review the terms of the proposed judgment if [F5the appropriate Minister considers]—
(a)[F6the appropriate Minister’s] compliance with the order or direction; or
(b)the notification to another party of any matter contained in the judgment, order or direction,
would cause information to be disclosed contrary to the public interest.
(4) Where [F4the appropriate Minister] [F7makes] an application under paragraph (3), [F8the appropriate Minister] must at the same time serve on a special advocate, if one has been appointed—
(a)a copy of the application;
(b)a copy of the relevant document referred to in paragraph (1)(a) or (b); and
(c)a copy of the notice served on [F4the appropriate Minister] pursuant to paragraph (2).
(5) If a special advocate has been appointed, rule 79.26 (except for paragraphs (6) and (7)) will apply with any necessary modifications to the consideration of an application under paragraph (3) of this rule.
(6) The court will not serve notice on a party other than [F4the appropriate Minister] as mentioned in paragraph (1) before the time for [F4the appropriate Minister] to make an application under paragraph (3) has expired.]
Textual Amendments
F1Pt. 79 inserted (4.12.2008) by The Civil Procedure (Amendment No.2) Rules 2008 (S.I. 2008/3085), rule 1, Sch.
F2Words in rule 79.29 heading substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(21)(a)
F3Words in rule 79.29(1) inserted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 18(i)
F4Words in rule 79.29 substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(21)(b)
F5Words in rule 79.29(3) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(21)(c)(i)
F6Words in rule 79.29(3) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(21)(c)(ii)
F7Word in rule 79.29(4) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(21)(d)(i)
F8Words in rule 79.29(4) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(21)(d)(ii)
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