National security25

1

Rules of court may make provision for enabling a county court or sheriff court in which a claim is brought under regulation 20, where the court considers it expedient in the interests of national security—

a

to exclude from all or part of the proceedings—

i

the claimant,

ii

the claimant’s representatives, or

iii

any assessors,

b

to permit a claimant or representative who has been excluded to make a statement to the court before the commencement of the proceedings, or the part of the proceedings, from which he is excluded;

c

to take steps to keep secret all or part of the reasons for the court’s decision in the proceedings.

2

The Attorney General or, in Scotland, the Advocate General for Scotland, may appoint a person to represent the interests of a claimant in, or in any part of, proceedings from which the claimant or his representatives are excluded by virtue of paragraph (1).

3

A person may be appointed under paragraph (2) only—

a

in relation to proceedings in England and Wales, if he has a general qualification (within the meaning of section 71 of the Courts and Legal Services Act 199014), or

b

in relation to proceedings in Scotland, if he is—

i

an advocate, or

ii

qualified to practise as a solicitor in Scotland.

4

A person appointed under paragraph (2) shall not be responsible to the person whose interests he is appointed to represent.