The Space Industry (Appeals) Regulations 2021

Prevention of disclosure or publication of documents and information

17.—(1) The appeal panel may make an order prohibiting the disclosure of specified documents or information relating to the proceedings.

(2) The appeal panel may give a direction prohibiting the disclosure of a document or information to a person if—

(a) the appeal panel is satisfied that such disclosure would breach any international obligations of the United Kingdom or involve disclosure of sensitive information, and

(b) the appeal panel is satisfied, having regard to the interests of justice, that it is proportionate to give such a direction.

(3) If one party to the appeal (“the first party”) considers that the appeal panel should give a direction under paragraph (2) prohibiting the disclosure of a document or information to another party (“the second party”), the first party must—

(a) exclude the relevant document or information from any documents that will be provided to the second party, and

(b) provide to the appeal panel the excluded document or information, and the reason for its exclusion, so that the appeal panel may decide whether the document or information should be disclosed to the second party or should be the subject of a direction under paragraph (2).

(4) If the appeal panel gives a direction under paragraph (2) which prevents disclosure to a party who has appointed a representative, the appeal panel may give a direction that the documents or information be disclosed to that representative if the panel is satisfied that—

(a) disclosure to the representative would be in the interests of the party, and

(b) the representative will act in accordance with paragraph (5).

(5) Documents or information disclosed to a representative in accordance with a direction under paragraph (4) must not be disclosed either directly or indirectly to any other person without the appeal panel’s consent.

(6) The appeal panel may give a direction that certain documents or information must be disclosed to the appeal panel on the basis that the panel will not disclose such documents or information to other persons, or specified other persons.

(7) A party making an application for a direction under paragraph (6) may withhold the relevant documents or information from other parties until the appeal panel has granted or refused the application.

(8) Unless the appeal panel considers that there is good reason not to do so, the panel must serve notice that a party has made an application for a direction under paragraph (6) on each other party.

(9) In a case involving matters relating to national security, the appeal panel must ensure that information is not disclosed contrary to the interests of national security.

(10) The appeal panel must conduct proceedings and record its decision and reasons appropriately so as not to undermine the effect of an order made under paragraph (1), a direction given under paragraph (2) or (6) or the duty imposed by paragraph (9).