Article 8 The special advocate
At any time prior to issuing a reply under rule 9(1), the Secretary of State shall inform the relevant law officer of the proceedings before the Commission, with a view to the law officer, if he thinks fit to do so, appointing a special advocate to represent the interests of the appellant in the proceedings.
Paragraph (1) applies unless—
the Secretary of State does not intend to oppose the appeal, or
he does not intend to object to the disclosure of material to the appellant.
If at any stage in proceedings before the Commission, paragraph (2)(b) ceases to apply, the Secretary of State shall immediately notify the relevant law officer as in paragraph (1).
The function of the special advocate is to represent the interests of the appellant by—
making submissions to the Commission in any proceedings from which the appellant and his representative are excluded;
cross-examining witnesses at any such proceedings;
making submissions to the Commission in any part of the proceedings from which the appellant and his representative are not excluded but only where exceptionally invited by the Commission to do so; and
making written submissions to the Commission.
The Commission shall not invite the special advocate to make submissions in any part of the proceedings from which the appellant and his representative are not excluded unless the submission relates to a part of the proceedings from which the appellant and his representative were excluded.
Except in accordance with paragraphs (7) to (10), the special advocate may not communicate directly or indirectly with the appellant or his representative on, or in relation to, any matter connected with the substance of the appeal before the Commission or the material made available by the Secretary of State in relation to that appeal.
The special advocate may communicate with the appellant and his representative at any time before the Secretary of State makes material available to him under rule 9(3).
At any time after the Secretary of State has made material available under rule 9(3), the special advocate may seek directions from the Commission authorising him to seek information in connection with the proceedings from the appellant or his representative.
The Commission shall notify the Secretary of State of a request for directions under paragraph (8) and the Secretary of State must, within a period specified by the Commission, give the Commission notice of any objection which he has to the request for information being made or to the form in which it is proposed to be made.
Where the Secretary of State makes an objection under paragraph (9), rule 10 shall apply as appropriate.