s.5Determination by court of applications in section 3 proceedings
5
Section 5Part 0 —

Determination by court of applications in section 3 proceedings

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The Rules Committee in providing for any relevant civil proceedings in relation to which there is a declaration under section 3, ("section 3 proceedings") shall ensure that —
a relevant person has the opportunity to make an application to the court for permission not to disclose material otherwise than to —
the court;
any person appointed as a special advocate; and
where the Attorney General is not the relevant person but is a party to the proceedings, the Attorney General;
such an application is always considered in the absence of every other party to the proceedings and every other party's legal representative;
the court is required to give permission for material not to be disclosed if it considers that the disclosure of the material would be damaging to the interests of national security;
if permission is given by the court not to disclose material, it shall consider requiring the relevant person to provide a summary of the material to every other party to the proceedings and every other party's legal representative;
the court is required to ensure that the summary under paragraph (d) does not contain material the disclosure of which would be damaging to the interests of national security.
Rules of court relating to section 3 proceedings shall ensure that provision to the effect mentioned in subsection (3) applies in cases where a relevant person —
does not receive the permission of the court to withhold material, but elects not to disclose it; or
is required to provide another party to the proceedings with a summary of material that is withheld, but elects not to provide the summary.
The court shall be authorized if it considers that the material, or anything that is required to be summarized, might adversely affect the relevant person's case or support the case of another party to the proceedings, to direct that the relevant person —
is not to rely on such points in that person's case; or
is to make such concessions or take such other steps as the court may specify; or
in any other case, ensure that the relevant person does not rely on the material or on that which is required to be summarized.

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