{
  "url": "https://openlegislation.uk/special-immigration-appeals-commission-procedure-rules-2003/article-37",
  "json_url": "https://openlegislation.uk/special-immigration-appeals-commission-procedure-rules-2003/article-37.json",
  "legislation": "uksi/2003/1034",
  "legislation_title": "The Special Immigration Appeals Commission (Procedure) Rules 2003",
  "legislation_url": "https://openlegislation.uk/special-immigration-appeals-commission-procedure-rules-2003",
  "path": "article/37",
  "kind": "article",
  "number": "37",
  "heading": "Closed material",
  "text": "(1) In this rule, “closed material” means material which the Secretary of State would otherwise be required to disclose to the appellant or his representative under rule 10, 10A or 10B, but which the Secretary of State objects to disclosing to the appellant or his representative.\n(2) The Secretary of State may not rely upon closed material unless a special advocate has been appointed to represent the interests of the appellant.\n(3) Where the Secretary of State is required by rule 10(2), 10A(8) or 10B(2) to serve on the appellant, or wishes to rely upon, closed material and a special advocate has been appointed, the Secretary of State must file with the Commission and serve on the special advocate—\n(a) a copy of the closed material , if he has not already done so;\n(b) a statement of his reasons for objecting to its disclosure; and\n(c) if and to the extent that it is possible to do so without disclosing information contrary to the public interest, a statement of the material in a form which can be served on the appellant.\n(4) The Secretary of State must, at the same time as filing it, serve on the appellant any statement filed under paragraph (3)(c).\n(4A) Where the Secretary of State serves on the special advocate any closed material which he has redacted on grounds other than those of legal professional privilege—\n(a) he must file the material with the Commission in an unredacted form, together with an explanation of the redactions; and\n(b) the Commission must give a direction to the Secretary of State as to what he may redact.\n(5) The Secretary of State may, with the leave of the Commission or the agreement of the special advocate, at any time amend or supplement material filed under this rule.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Rule 37(1) substituted (28.11.2013) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2013 (S.I. 2013/2995), rules 1(1), 28(a)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in rule 37(3) substituted (7.5.2007) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2007 (S.I. 2007/1285), rules 1(1), 22(b) (with rule 35)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in rule 37(3) substituted (28.11.2013) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2013 (S.I. 2013/2995), rules 1(1), 28(b)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in rule 37(3)(a) inserted (7.5.2007) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2007 (S.I. 2007/1285), rules 1(1), 22(c) (with rule 35)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Rule 37(4A) inserted (7.5.2007) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2007 (S.I. 2007/1285), rules 1(1), 22(d) (with rule 35)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in rule 37(5) inserted (7.5.2007) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2007 (S.I. 2007/1285), rules 1(1), 22(e) (with rule 35)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Rule 37 in force at 1.4.2003, see rule 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2003/1034/article/37",
    "retrieved_at": "2026-10-29T06:26:18.096850+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}