Article 17 Withholding information or reportsI1

The Secretary of State F1... may apply to the Board for information or any report (“the material”) to be withheld from the prisoner, or from both the prisoner and their representative, where the Secretary of State F2... considers—

An application under paragraph (1) may not be made later than 8 weeks before the date allocated for an oral hearing under rule 22.

Where the Secretary of State F3... makes an application for the material to be withheld under paragraph (1), the Secretary of State F4... must serve on the Board—

On receipt of an application under paragraph (3), either a panel chair or duty member appointed for that purpose must consider the application and in considering the application may make directions as necessary to enable determination of the application, including directions to—

Any additional evidence, information or reports directed to be served under paragraph (4)(c) which are served before the panel chair or duty member makes a decision on the application are to be considered under the original application made under paragraph (3) and do not require a further application by the Secretary of State.

If the panel chair or duty member directs that any additional evidence, information or reports are to be served after the decision on an application under paragraph (3) has been made under paragraph (5), other than additional evidence, information or reports directed to be served following an appeal under paragraph (11), a new application by the Secretary of State is required under paragraph (1) if the Secretary of State considers that the material should be withheld under paragraph (1).

Where the panel chair or duty member is satisfied that all relevant information has been served on the Board, they must consider the application and direct that the material should be—

If—

the Secretary of State F9... must, as soon as practicable, notify the prisoner and the prisoner’s representative (if applicable) that an application has been made under paragraph (3)(b) and the direction that has been made under paragraph (5).

If the panel chair or duty member appointed under paragraph (4) gives a direction under paragraph (5)(b) or (c) that relates only to the prisoner, and that prisoner has a representative, the Secretary of State F10... must, subject to F11paragraph 11, serve the material as soon as practicable (unless the panel chair or duty member directs otherwise) on the prisoner’s representative, F12provided that—

Where the representative who has given an undertaking to the Board under paragraph (7)(b) ceases to represent the prisoner, any information that has been withheld from the prisoner by the panel chair or duty member under paragraph (5)(b) or (c) must not be shared with any new representative unless the new representative makes an undertaking not to disclose the material to the prisoner or any other person under paragraph (7)(b).

The panel chair or duty member F15making the determination in regards to the non-disclosure application, or the panel chair or duty member at a later date, may direct the appointment of a special advocate appointed by the Attorney General to represent the prisoner’s interests where the panel chair or duty member appointed under paragraph (4)—

If a direction to appoint a special advocate is made under paragraph (8), the Secretary of State F17... must serve the material as soon as practicable (unless the panel chair or duty member directs otherwise) on the special advocate.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Within 7 days of notification by the Secretary of State or Board in accordance with paragraph (6), either party F19... may appeal against that direction to the Board chair and notify the other party of the application to appeal.

If the Secretary of State F20... appeals the direction in accordance with paragraph (11), the Secretary of State ... need not serve the material under paragraphs (5) or (7) until the appeal is determined.

Where a direction is made under paragraph (5)(b) or (c) to withhold material from a prisoner who does not have a representative, the decision will automatically be considered in an appeal to the Board chair.

Within 7 days of being notified that a party has appealed under paragraph (11), the other party may make representations in respect of the appeal to the Board chair.

In determining an appeal under paragraph (11) or (13), the Board chair must consider the application and may make directions as necessary to enable determination of the application, including a direction under paragraph (8).

Any additional evidence, information or reports directed to be served by the panel chair or duty member to make a decision on the appeal are to be considered under the original application made under paragraph (3) and do not require a further application from the Secretary of State.

The Board chair may determine an appeal by—

When the Board chair has made a decision under paragraph (14B) the Secretary of State F23... must, as soon as practicable, notify the prisoner and the prisoner’s representative (if applicable) F24and the special advocate (if one has been appointed) that a decision has been made and its outcome.

The panel chair or duty member may F25reconsider the disclosure of any material withheld under this rule at a later date F26under paragraph (5), and any direction to disclose the material under paragraph (5)(a) is subject to a separate right of appeal under paragraph (11).

Where the proceedings before the Board have been determined, the panel chair or duty member may, at a later date, consider an application from a representative for the undertaking to be removed, but the undertaking may only be removed where—

Where the Board directs that an undertaking may be removed under paragraph (14E)(b), that decision is subject to a separate right of appeal under paragraph (11).

If—

decides that any material which is subject to the application by the Secretary of State F32... under paragraph (1) should be disclosed to the prisoner F33or the prisoner’s representative (in full or in the form of a summary or redacted version), the Secretary of State ... may withdraw the material F34....

If the Secretary of State does not withdraw any material in accordance with paragraph (15), they must serve on the prisoner or the prisoner’s representative or both (as directed by the Board chair)—