OpenLegislation

Article 48 Application by Secretary of State to amend determination etc.F9I1

United Kingdom

(1)

This rule applies where the Commission proposes to serve F1on the appellant—

(a)

F2notice of any order or direction made or given in the absence of the Secretary of State; or

(b)

its determination of the proceedings.

(2)

Before the Commission serves F3any such document on the appellant, it must first serve notice on the Secretary of State F4and any special advocate of its intention to do so.

(3)

The Secretary of State may, within 5 days of being served with notice under paragraph (2), apply to the Commission to F5amend the order, direction or proposed determination if he considers that—

(a)

his compliance with the order or direction; or

(b)

the notification to the appellant of any matter contained in the order, direction or determination,

would cause information to be disclosed contrary to the public interest.

(4)

Where the Secretary of State makes an application under paragraph (3), he must at the same time serve a copy of it on the special advocate, if one has been appointed.

F6(5)

The Commission must give the special advocate and the Secretary of State an opportunity to make representations and may determine the application with or without a hearing.

(6)

The Commission must not serve F7any document on the appellant as mentioned in paragraph (1) before the time for the Secretary of State to make an application under paragraph (3) has expired F8or, where such an application is made, before it has been determined.

Annotations

Textual amendments

F1

Words in rule 48(1) substituted (7.5.2007) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2007 (S.I. 2007/1285), rules 1(1), 30(b) (with rule 35)

F2

Words in rule 48(1)(a) inserted (7.5.2007) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2007 (S.I. 2007/1285), rules 1(1), 30(c) (with rule 35)

F3

Words in rule 48(2) substituted (7.5.2007) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2007 (S.I. 2007/1285), rules 1(1), 30(d) (with rule 35)

F4

Words in rule 48(2) inserted (7.5.2007) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2007 (S.I. 2007/1285), rules 1(1), 30(e) (with rule 35)

F5

Words in rule 48(3) substituted (7.5.2007) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2007 (S.I. 2007/1285), rules 1(1), 30(f) (with rule 35)

F6

Rule 48(5) substituted (7.5.2007) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2007 (S.I. 2007/1285), rules 1(1), 30(g) (with rule 35)

F7

Words in rule 48(6) substituted (7.5.2007) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2007 (S.I. 2007/1285), rules 1(1), 30(h) (with rule 35)

F8

Words in rule 48(6) inserted (7.5.2007) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2007 (S.I. 2007/1285), rules 1(1), 30(i) (with rule 35)

F9

Rule 48 heading substituted (7.5.2007) by The Special Immigration Appeals Commission (Procedure) (Amendment) Rules 2007 (S.I. 2007/1285), rules 1(1), 30(a) (with rule 35)

Commencement

I1

Rule 48 in force at 1.4.2003, see rule 1