PART 3Proceedings before the Tribunal
CHAPTER 1Before the final determination
Withholding documents or information likely to cause harm17.
(1)
The Tribunal must give a direction prohibiting the disclosure of a document or information to a person if it is satisfied that—
(a)
such disclosure would be likely to cause that person or some other person serious harm; and
(b)
having regard to the interests of justice that it is proportionate to give such a direction.
(2)
If a party (“the first party”) considers that the Tribunal should give a direction under paragraph (1) prohibiting the disclosure of part or all of a document or of information to another party (“the second party”), the first party must—
(a)
exclude that part of the relevant document or that information from any document that will be provided to the second party; and
(b)
provide to the Tribunal the excluded part of document or information and the reason for its exclusion, in order that the Tribunal may decide whether the document or information should be disclosed to the second party or should be the subject of a direction under paragraph (1).
(3)
The Tribunal must conduct proceedings as appropriate in order to avoid undermining a direction given under paragraph (1).
(4)
If the Tribunal gives a direction under paragraph (1) which prevents disclosure to a party who has a representative, the Tribunal may give a direction that the document or information be disclosed to that representative if it is satisfied that—
(a)
disclosure to the representative would be in the interests of the party; and
(b)
the representative would not be likely to act contrary to paragraph (5).
(5)
Documents or information disclosed to a representative in accordance with a direction under paragraph (4) must not—
(a)
be disclosed either directly or indirectly to any other person without the Tribunal's consent; or
(b)
be used otherwise than in connection with the proceedings.