Rule 79.21 Consideration of the appropriate Minister’s objectionF1F7
Where F2the appropriate Minister F3objects under rule 79.20(5)(b) to a proposed communication by the special advocate F4or to the form in which it is proposed to be made the court will fix a hearing for the appropriate Minister and the special advocate to make oral representations, unless—
the special advocate gives notice to the court that the special advocate does not challenge the objection;
the court —
has previously considered an objection under rule 79.20(5)(b) to the same or substantially the same communication; and
is satisfied that it would be just to uphold or dismiss that objection without a hearing; or
the appropriate Minister and the special advocate consent to the court deciding the issue without a hearing.
If the special advocate does not challenge the objection, the special advocate must give notice of that fact to the court and to the appropriate Minister —
within 14 days after the appropriate Minister F5serves on the special advocate a notice under rule 79.20(5)(b); or
within such other period as the court may direct.
Where the court fixes a hearing under paragraph (1)—
the special advocate may file with the court and serve on the appropriate Minister a reply to F6the appropriate Minister’s objection;
the appropriate Minister may file with the court and serve on the special advocate a response to the special advocate’s reply; and
the appropriate Minister and the special advocate must file with the court at least 7 days before the hearing a schedule identifying the issues which cannot be agreed between them and which must—
give brief reasons for their contentions on each issue in dispute; and
set out any proposals for the court to resolve the issues in dispute.
A hearing under this rule must take place in the absence of the specially represented party and that party’s legal representative.
Annotations
Textual amendments
- F1
Pt. 79 inserted (4.12.2008) by The Civil Procedure (Amendment No.2) Rules 2008 (S.I. 2008/3085), rule 1, Sch.
- F2
Words in rule 79.21 substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(16)(b)
- F3
Word in rule 79.21(1) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(16)(c)
- F4
Words in rule 79.21(1) inserted (17.4.2015) by The Civil Procedure (Amendment No. 3) Rules 2015 (S.I. 2015/877), rules 2, 6
- F5
Word in rule 79.21(2)(a) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(16)(d)
- F6
Words in rule 79.21(3)(a) substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(16)(e)
- F7
Words in rule 79.21 heading substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(16)(a)
Notes on Part 79
Textual amendments
- F2
Pt. 79 heading substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(3)(a)
- F3
Words in Pt. 79 Table of Contents substituted (24.12.2010) by The Civil Procedure (Amendment No.4) Rules 2010 (S.I. 2010/3038), rules 1(2), 3(a)(i)
- F4
Words in Pt. 79 Table of Contents inserted (24.12.2010) by The Civil Procedure (Amendment No.4) Rules 2010 (S.I. 2010/3038), rules 1(2), 3(a)(ii)
- F5
Words in Pt. 79 Table of Contents substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(3)(a)
- F6
Words in Pt. 79 Table of Contents omitted (24.12.2010) by virtue of The Civil Procedure (Amendment No.4) Rules 2010 (S.I. 2010/3038), rules 1(2), 3(a)(iv)
- F7
Words in Pt. 79 Table of Contents substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(3)(b)
- F8
Words in Pt. 79 Table of Contents omitted (24.12.2010) by virtue of The Civil Procedure (Amendment No.4) Rules 2010 (S.I. 2010/3038), rules 1(2), 3(a)(v)
- F9
Words in Pt. 79 Table of Contents inserted (24.12.2010) by The Civil Procedure (Amendment No.4) Rules 2010 (S.I. 2010/3038), rules 1(2), 3(a)(vi)
- F10
Words in Pt. 79 Table of Contents inserted (24.12.2010) by The Civil Procedure (Amendment No.4) Rules 2010 (S.I. 2010/3038), rules 1(2), 3(a)(vii)
- F11
Words in Pt. 79 Table of Contents inserted (24.12.2010) by The Civil Procedure (Amendment No.4) Rules 2010 (S.I. 2010/3038), rules 1(2), 3(a)(viii)
- F12
Words in Pt. 79 Table of Contents substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(3)(c)
- F13
Words in Pt. 79 Table of Contents substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(3)(d)
- F14
Words in Pt. 79 Table of Contents substituted (1.3.2019) by The Civil Procedure (Amendment) (EU Exit) Rules 2019 (S.I. 2019/147), rules 1, 3(3)(e)
- F15
Words in Pt. 79 Table of Contents inserted (1.10.2009) by The Civil Procedure (Amendment) Rules 2009 (S.I. 2009/2092), rules 1(2), 18(a)
Notes on GENERAL PROVISIONS APPLICABLE TO SECTIONS 2 AND 3 OF THIS PART
Textual amendments
- F2
Words in Pt. 79 Section 4 heading inserted (24.12.2010) by The Civil Procedure (Amendment No.4) Rules 2010 (S.I. 2010/3038), rules 1(2), 3(j)