The Civil Procedure Rules 1998

[F1 Application by the Secretary of State for reconsideration of decision E+W

80.29.— (1) If the court proposes, in any proceedings to which this Part applies, to serve notice on a relevant party of any—

(a) order or direction made or given in the absence of the Secretary of State; or

(b) any judgment,

then before the court serves any such notice on the relevant party, it must first serve notice on the Secretary of State of its intention to do so.

(2) The Secretary of State may, within 5 days of being served with notice under paragraph (1), apply to the court to reconsider the terms of the order or direction or to review the terms of the proposed judgment if the Secretary of State considers that—

(a) the Secretary of State’s compliance with the order or direction; or

(b) the notification to the relevant party of any matter contained in the judgment, order or direction;

would cause information to be disclosed contrary to the public interest.

(3) Where the Secretary of State makes an application under paragraph (2), the Secretary of State must at the same time serve on the special advocate, if one has been appointed—

(a) a copy of the application; and

(b) a copy of the notice served on the Secretary of State pursuant to paragraph (1).

(4) Rule 80.25 (except for paragraphs (6) and (7)) shall, if a special advocate has been appointed, apply with any necessary modifications to the consideration of an application under paragraph (2) of this rule.

(5) The court must not serve notice on the relevant party as mentioned in paragraph (1) before the time for the Secretary of State to make an application under paragraph (2) has expired.]

Textual Amendments

F1 Pt. 80 inserted (15.12.2011) by The Civil Procedure (Amendment No. 3) Rules 2011 (S.I. 2011/2970), rule 1, Sch.