Article 10 Consideration of Secretary of State’s objection
Proceedings under this rule shall take place in the absence of the appellant and his representative.
The Commission shall decide whether to uphold the Secretary of State’s objection and, where relevant, whether to require him to provide material in a different form from that in which he has provided it under rule 9(2)(b).
Before doing so, it must invite the special advocate to make written representations.
After considering representations made under paragraph (3), the Commission must invite the Secretary of State and the special advocate to make oral representations unless paragraph (5) applies.
This paragraph applies if the Commission decides, after considering representations under paragraph (3), to uphold the Secretary of State’s objection and where relevant not to require him to provide material in a different form from that in which he has provided it under rule 9(2)(b).
Where—
the Commission overrules the Secretary of State’s objection or requires him to provide material in a different form from that which he has provided under rule 9(2)(b), and
the Secretary of State wishes to continue to oppose the appeal,
he shall not be required to disclose any material which was the subject of his unsuccessful objection if he chooses not to rely upon it in further opposing the appeal.