Article 23 Amendments to the Special Immigration Appeals Commission (Procedure) Rules 2003

in paragraph (2), for “to the disclosure of the same or substantially the same material” substitute “relating to the same or substantially the same communication or material”;

for paragraph (4), substitute—

“(4)

Where the Commission fixes a hearing under this rule—

(a)

the special advocate may file with the Commission and serve on the Secretary of State a reply to the Secretary of State’s objection;

(b)

the Secretary of State may file with the Commission and serve on the special advocate a response to the special advocate’s reply;

(c)

the Secretary of State and the special advocate must file with the Commission a schedule identifying the issues which cannot be agreed between them, which must—

(i)

list the items or issues in dispute;

(ii)

give brief reasons for their contentions on each; and

(iii)

set out any proposals for the Commission to resolve the issues in dispute.”;

for paragraphs (6) and (7), substitute—

“(6)

The Commission may uphold or overrule the Secretary of State’s objection.

(7)

The Commission must uphold the Secretary of State’s objection under rule 37 where it considers that the disclosure of the material would be contrary to the public interest.

(8)

Where the Commission upholds the Secretary of State’s objection under rule 37, it must—

(a)

consider whether to direct the Secretary of State to serve a summary of the closed material on the appellant; and

(b)

approve any such summary, to secure that it does not contain any information or other material the disclosure of which would be contrary to the public interest.

(9)

Where the Commission overrules the Secretary of State’s objection under rule 37 or directs him to serve a summary of the closed material on the appellant—

(a)

the Secretary of State shall not be required to serve that material or summary; but

(b)

if he does not do so, the Commission may at a hearing at which the Secretary of State and the special advocate may make representations —

(i)

if it considers that the material or anything that is required to be summarised might adversely affect the Secretary of State’s case or support the appellant’s case, direct that the Secretary of State shall not rely on such points in his case, or shall make such concessions or take such other steps, as the Commission may specify; or

(ii)

in any other case, direct that the Secretary of State shall not rely in the proceedings on that material or (as the case may be) on that which is required to be summarised.”.