Northern Ireland Act Tribunal (Procedure) Rules 1999

Special advocates

9.—(1) On receiving a copy of the notice of appeal, the Secretary of State shall inform the Attorney General for Northern Ireland of the proceedings before the Tribunal, with a view to the Attorney General for Northern Ireland, if he thinks fit to do so, appointing either or both of the following–

(a) a special advocate to represent the interests of the appellant;

(b) a special advocate to represent the interests of the person proposing to rely on the certificate, where that person is not the Secretary of State.

(2) Paragraph (1) applies unless the Secretary of State does not intend to argue that the certificate should be upheld.

(3) The function of a special advocate is to represent the interests of a party, as mentioned by paragraph (1), by–

(a) making submissions to the Tribunal in any proceedings from which that party and his representative are excluded;

(b) cross-examining witnesses at any such proceedings; and

(c) making written submissions to the Tribunal.

(4) Except in accordance with paragraphs (5) to (8), a special advocate may not communicate directly or indirectly with the party whose interests he has been appointed to represent on any matter connected with proceedings before the Tribunal.

(5) A special advocate may communicate with the party whose interests he has been appointed to represent at any time before the Secretary of State makes material available to him under rule 10(3) or 11(4).

(6) At any time after the Secretary of State has made material available to him under rule 10(3) or 11(4), a special advocate may seek directions from the Tribunal authorising him to seek information in connection with the proceedings from the party whose interests he has been appointed to represent.

(7) In paragraphs (4) to (6) a reference to a party whose interests the special advocate has been appointed to represent includes the representative of that party.

(8) The clerk to the Tribunal shall notify the Secretary of State of a request for directions under paragraph (6) and the Secretary of State shall, within 14 days of receipt of notification under this paragraph, give the Tribunal notice of any objection which he has to the request for information being made or to the form in which it is proposed to be made.