Paragraph 6 Exceptions to disclosureF1

(1)

A list provided in accordance with paragraph 3(3), 4(3) or 5(1) need not include any document:

(a)

that is material the disclosure of which for the purposes of or in connection with any legal proceedings is prohibited by F2section 56 of the Investigatory Powers Act 2016; or

(b)

in respect of which an application has been or is being made under sub-paragraph (2).

(2)

A party may apply to the Upper Tribunal (without giving notice to any other party) for a direction authorising the party making the application not to include in the list required by paragraph 3(3), 4(3) or 5(1) a document on the ground that disclosure of the document—

(a)

would not be in the public interest; or

(b)

should not otherwise be given.

(3)

For the purpose of deciding an application by a party under sub-paragraph (2), the Upper Tribunal may—

(a)

require the document to be produced to the Upper Tribunal together with a statement of the reasons why—

(i)

in the case of an application under sub-paragraph (2)(a), its disclosure would not be in the public interest; or

(ii)

in the case of an application under sub-paragraph (2)(b), its disclosure should not be given; and

(b)

invite the other party to make representations.

(4)

If the Upper Tribunal refuses an application under sub-paragraph (2), it must direct the party—

(a)

to revise its list so as to include the document; and

(b)

to send or deliver a copy of the revised list to the Upper Tribunal and to the other party.

(7)

A party (“P”) who has sent or delivered a list under paragraph 3(3), 4(3) or 5(1) must, upon the request of the other party, provide that party with a copy of any document which P has which is specified in the list, or make it available for inspection or copying, and if P does not have it, tell the other party where to the best of P’s knowledge and belief it may be found.

(8)

Sub-paragraph (7) does not apply to any document in respect of which a claim to legal professional privilege, or (in Scotland) to confidentiality of communications as between client and professional legal adviser, could be maintained in legal proceedings

Annotations

Textual amendments

F1: Sch. 4 inserted (27.7.2017) by The Tribunal Procedure (Amendment) Rules 2017 (S.I. 2017/723), rules 1, 13
F2: Words in Sch. 4 para. 6(1)(a) substituted (27.12.2024) by The Tribunal Procedure (Amendment No. 2) Rules 2024 (S.I. 2024/1283), rules 1, 3(7)