{
  "url": "https://openlegislation.uk/tribunal-procedure-upper-tribunal-rules-2008/schedule-4/paragraph-6",
  "json_url": "https://openlegislation.uk/tribunal-procedure-upper-tribunal-rules-2008/schedule-4/paragraph-6.json",
  "legislation": "uksi/2008/2698",
  "legislation_title": "The Tribunal Procedure (Upper Tribunal) Rules 2008",
  "legislation_url": "https://openlegislation.uk/tribunal-procedure-upper-tribunal-rules-2008",
  "path": "schedule/4/paragraph/6",
  "kind": "paragraph",
  "number": "6",
  "heading": "Exceptions to disclosure",
  "text": "(1) A list provided in accordance with paragraph 3(3), 4(3) or 5(1) need not include any document:\n(a) that is material the disclosure of which for the purposes of or in connection with any legal proceedings is prohibited by section 56 of the Investigatory Powers Act 2016; or\n(b) in respect of which an application has been or is being made under sub-paragraph (2).\n(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—\n(a) would not be in the public interest; or\n(b) should not otherwise be given.\n(3) For the purpose of deciding an application by a party under sub-paragraph (2), the Upper Tribunal may—\n(a) require the document to be produced to the Upper Tribunal together with a statement of the reasons why—\n(i) in the case of an application under sub-paragraph (2)(a), its disclosure would not be in the public interest; or\n(ii) in the case of an application under sub-paragraph (2)(b), its disclosure should not be given; and\n(b) invite the other party to make representations.\n(4) If the Upper Tribunal refuses an application under sub-paragraph (2), it must direct the party—\n(a) to revise its list so as to include the document; and\n(b) to send or deliver a copy of the revised list to the Upper Tribunal and to the other party.\n(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.\n(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",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. 4 inserted (27.7.2017) by The Tribunal Procedure (Amendment) Rules 2017 (S.I. 2017/723), rules 1, 13"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "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)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2008/2698/schedule/4/paragraph/6",
    "retrieved_at": "2026-10-29T03:23:22.576941+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."
}