Section 79.21

Where the appropriate Minister objects under rule 79.20(5)(b) to a proposed communication by the special advocate or to the form in which it is proposed to be made the court will fix a hearing for the appropriate Minister and the special advocate to make oral representations, unless— the special advocate gives notice to the court that the special advocate does not challenge the objection; the court — has previously considered an objection under rule 79.20(5)(b) to the same or substantially the same communication; and is satisfied that it would be just to uphold or dismiss that objection without a hearing; or the appropriate Minister and the special advocate consent to the court deciding the issue without a hearing. If the special advocate does not challenge the objection, the special advocate must give notice of that fact to the court and to the appropriate Minister — within 14 days after the appropriate Minister serves on the special advocate a notice under rule 79.20(5)(b); or within such other period as the court may direct. Where the court fixes a hearing under paragraph (1)— the special advocate may file with the court and serve on the appropriate Minister a reply to the appropriate Minister’s objection; the appropriate Minister may file with the court and serve on the special advocate a response to the special advocate’s reply; and the appropriate Minister and the special advocate must file with the court at least 7 days before the hearing a schedule identifying the issues which cannot be agreed between them and which must— give brief reasons for their contentions on each issue in dispute; and set out any proposals for the court to resolve the issues in dispute. A hearing under this rule must take place in the absence of the specially represented party and that party’s legal representative.

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Source: legislation.gov.uk · retrieved 2026-08-15