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4.—(1) When exercising its function under these Rules, the Tribunal shall secure that information is not disclosed contrary to the interests of national security.
(2) Subject to paragraph (3) below, the Tribunal’s jurisdiction may be exercised ex parte by one or more of the persons designated under paragraph 2(1) of Schedule 6 to the 1998 Act.
(3) The Tribunal’s jurisdiction may only be exercised ex parte in accordance with rule 12, in respect of appeals under either section 28 of the 1998 Act, section 60 of the 2000 Act or section 60 as applied by regulation 18(1), as modified by regulation 18(7) of the 2004 Regulations.
(4) For the purposes of paragraph (1) above, but without prejudice to the application of that paragraph, the disclosure of information is to be regarded as contrary to the interests of national security if it would indicate the existence or otherwise of any material, where that indication would itself be contrary to the interests of national security.
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