# The Special Immigration Appeals Commission (Procedure) Rules 2003, Article 48: Application by Secretary of State to amend determination etc.

Extent: E+W+S+N.I.

(1) This rule applies where the Commission proposes to serve on the appellant—
(a) notice 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 any such document on the appellant, it must first serve notice on the Secretary of State and 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 amend 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.
(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 any 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 or, where such an application is made, before it has been determined.

---
Source: https://www.legislation.gov.uk/uksi/2003/1034/article/48 (the official version)
Page: https://openlegislation.uk/special-immigration-appeals-commission-procedure-rules-2003/article-48
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.