OpenLegislation

Article 10 Secretary of State’s reply

Original text. Later amendments are not shown.

(1)

If the Secretary of State intends to argue that the certificate should be upheld–

(a)

he shall give the Tribunal written notice that this is the case; and

(b)

within 42 days after receiving a copy of the notice of appeal, he shall provide the Tribunal with a summary of the facts justifying the certificate and a statement of the evidence which he relies upon in support of the certificate.

(2)

Where the Secretary of State objects to material referred to in paragraph (1)(b) being disclosed to either or both of the parties to the appeal, he shall also–

(a)

state the reasons for his objection; and

(b)

if and to the extent that it is possible to do so without disclosing information contrary to the public interest, provide a statement of the material in a form which can be shown to that party or those parties.

(3)

Where he makes an objection under paragraph (2), the Secretary of State shall make available to each special advocate, at the request of the clerk to the Tribunal, the material which he has provided to the Tribunal under paragraphs (1) and (2).

(4)

Before requesting the Secretary of State to send this material to the special advocate, the clerk to the Tribunal shall enquire of each special advocate whether he has had an opportunity to communicate in accordance with rule 9(5) with the party whose interests he has been appointed to represent.