Consideration of Secretary of State’s objection etc.
15.—(1) This rule applies where the Secretary of State has—
(a)objected under rule 10(5)(b) to a proposed communication by a special advocate; or
(b)applied under rule 14(1)(a) for permission to withhold closed material.
(2) The Commission must fix a hearing for the Secretary of State and the special advocate to make oral representations, unless—
(a)the special advocate gives notice to the Commission that he does not intend to challenge the objection or application;
(b)the Commission has previously considered—
(i)an objection under rule 10(5)(b) relating to the same or substantially the same communication, statement or information, as the case may be; or
(ii)an application under rule 14(1)(a) relating to the same or substantially the same material;
and is satisfied that it would be just to uphold that objection or to give permission without a hearing; or
(c)the Secretary of State and the special advocate consent to the Commission deciding the issue without a hearing.
(3) Where the special advocate does not challenge the objection or the application, he must give notice of that fact to the Commission and the Secretary of State within 14 days or such other time as the Commission may direct after the Secretary of State serves on him a notice under rule 10(5)(b) or 13(7) or material under rule 14(2).
(4) Where the Commission fixes a hearing under this rule—
(a)the special advocate may file with the Commission and serve on the Secretary of State a reply to the Secretary of State’s application or objection;
(b)the Secretary of State may file with the Commission and serve on the special advocate a response to the special advocate’s reply;
(c)the Secretary of State and the special advocate must file with the Commission a schedule identifying the issues which cannot be agreed between them, which must—
(i)list the items or issues in dispute;
(ii)give brief reasons for their contentions on each;
(iii)set out any proposals for the Commission to resolve the issues in dispute.
(5) A hearing under this rule must take place in the absence of the appellant and his representative.
(6) The Commission may—
(a)uphold or overrule the Secretary of State’s objection;
(b)grant or refuse the Secretary of State’s application.
(7) The Commission must give permission to the Secretary of State to withhold closed material if it considers that the disclosure of the material would be contrary to the public interest.
(8) Where the Commission gives permission to the Secretary of State to withhold closed material, it must—
(a)consider whether to direct the Secretary of State to serve a summary of that material on the appellant; and
(b)approve any such summary, to secure that it does not contain any information or other material the disclosure of which would be contrary to the public interest.
(9) Where the Commission does not give permission to the Secretary of State to withhold closed material from the appellant or his representative, or directs the Secretary of State to serve a summary of the material on the appellant—
(a)the Secretary of State shall not be required to serve that material or summary; but
(b)if he does not do so, the Commission may at a hearing at which the Secretary of State and the special advocate may make representations—
(i)if it considers that the material or anything that is required to be summarised might adversely affect the Secretary of State’s case or support the appellant’s case, direct that the Secretary of State shall not rely on such points in his case, or shall make such concessions or take such other steps, as the Commission may specify; or
(ii)in any other case, direct that the Secretary of State shall not rely in the proceedings on that material or (as the case may be) on that which is required to be summarised.