OpenLegislation

Article 9 Special advocate: appointment and functions

Original text. Later amendments are not shown.

(1)

Subject to paragraph (2), the Secretary of State must, on being served with a copy of a notice of appeal, give notice of the proceedings to the relevant law officer.

(2)

Paragraph (1) applies unless—

(a)

the Secretary of State does not intend—

(i)

to oppose the appeal; or

(ii)

to object to the disclosure of any material to the appellant or his representative; or

(b)

a special advocate has already been appointed to represent the interests of the appellant in the proceedings.

(3)

Where notice is given to the relevant law officer under paragraph (1), he may appoint a special advocate to represent the interests of the appellant in the proceedings.

(4)

Where proceedings before the Commission are pending but no special advocate has been appointed, the appellant or the Secretary of State may at any time request the relevant law officer to appoint a special advocate.

(5)

The function of the special advocate is to represent the interests of the appellant by—

(a)

making submissions to the Commission at any hearing from which the appellant and his representative have been excluded;

(b)

adducing evidence and, with the permission of the Commission, cross-examining witnesses at any such hearing;

(c)

making written submissions to the Commission.