Paragraph 2 Right of the Secretary of State to interveneI1

This paragraph applies to an action if—

The Secretary of State is entitled to be given notice, in accordance with rules of court, that it may be an action that contravenes a section 43 prohibition.

The Secretary of State (or a person nominated by the Secretary of State) is entitled, on giving notice in accordance with rules of court, to be joined as a party to the action.

Notice under sub-paragraph (3) may be given at any time during proceedings relating to the action.

A person who has been made a party to the action as the result of a notice under sub-paragraph (3) may take part in proceedings so far as they concern the question of whether it is an action that contravenes a section 43 prohibition.