[F1PART 82E+WCLOSED MATERIAL PROCEDURE

Textual Amendments

SECTION IIIE+WApplications under section 6(2) of the Act

Possible application for declaration under section 6(2) of the Act by Secretary of State: notification to Secretary of State if not a partyE+W

82.20.—(1) This rule applies where the Secretary of State is not a party to relevant civil proceedings but—

(a)it appears to—

(i)a party to those proceedings; or

(ii)the court,

that the party may be required to disclose material the disclosure of which would be damaging to the interests of national security, and

(b)either—

(i)the party does not intend to make an application under section 6(2) of the Act for a declaration; or

(ii)the court does not consider it appropriate to make such a declaration of its own motion.

(2) Where this rule applies by virtue of paragraph (1)(a)(i) and (b)(i)—

(a)the party must—

(i)notify the Secretary of State and the court in writing; and

(ii)not disclose the material in question unless and to the extent that the court directs; and

(b)the court must on receiving notification give such directions as appear necessary pending the Secretary of State’s response.

(3) Where this rule applies by virtue of paragraph (1)(a)(ii) and (b)(ii), the court must—

(a)direct the party in question not to disclose the material in question unless and to the extent the court directs otherwise;

(b)notify the Secretary of State in writing; and

(c)give such directions as appear necessary pending the Secretary of State’s response.

(4) Within 14 days of being notified in accordance with paragraph (2) or (3), the Secretary of State must respond in writing to the court—

(a)confirming that the Secretary of State intends to apply under section 6(2) of the Act for a declaration;

(b)confirming that the Secretary of State does not intend to apply for such a declaration; or

(c)requesting further time to consider whether to apply for such a declaration.

(5) The court—

(a)may stay the proceedings either on application by a party or of its own motion where the Secretary of State has been notified under paragraph (2) or (3); and

(b)must stay the proceedings where the Secretary of State responds in accordance with paragraph (4)(a) or (c).

(6) Any stay may be subject to conditions, including a condition that the application must be made, or confirmation given that no application will be made, within a time specified by the court.]