Paragraph 3 Witness orders and disclosure of documentsI1

Where a person or their representative has been excluded under rule 93 (national security proceedings) from all or part of the proceedings and the Tribunal is considering whether to make an order under rule 33 (disclosure of documents and information) or 34 (requirement to attend to give evidence), a Minister (whether or not the Minister is a party to the proceedings) may make an application to the Tribunal objecting to that order.

If an order under rule 33 or 34 has been made, the Minister may make an application to vary or set aside the order.

The Tribunal must hear and determine the Minister’s application in private and the Minister is entitled to address the Tribunal.