s.8General provision about section 3 proceedings
8
Section 8Part 0

General provision about section 3 proceedings

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The Rules Committee making rules of court relating to section 3 proceedings shall have regard to the need to ensure that disclosures of information are not made where they would be damaging to the interests of national security.
Rules of court relating to section 3 proceedings may provide for —
the mode of proof and about evidence in the proceedings;
enabling or requiring the proceedings to be determined without a hearing;
legal representation in the proceedings;
enabling the proceedings to take place without full particulars of the reasons for decisions in the proceedings being given to a party to the proceedings or to any legal representative of that party;
enabling the court concerned to conduct proceedings in the absence of any person, including a party to the proceedings (or any legal representative of that party);
the functions of a person appointed as a special advocate; and
enabling the court to give a party to the proceedings a summary of evidence taken in the party's absence.
In subsection (2), references to a party to the proceedings do not include the relevant person concerned and (if the Attorney General is not the relevant person but is a party to the proceedings) the Attorney General.
The following proceedings are to be treated as section 3 proceedings for the purposes of sections 5 to 7, this section and sections 9, 15 and 16 —
proceedings on, or in relation to, an application for a declaration under section 3;
proceedings on, or in relation to, a decision of the court to make a declaration under that section of its own motion;
proceedings on, or in relation to, an application for a revocation under section 4; and
proceedings on, or in relation to, a decision of the court to make a revocation under that section of its own motion.
In proceedings treated as section 3 proceedings by virtue of subsection (4), a "relevant person", for the purposes of sections 5 to 7, this section and sections 9, 15 and 16, is a person who would be required to disclose sensitive material in the course of the proceedings.