Section 79.25

The appropriate Minister— must apply to the court for permission to withhold closed material from another party and that party’s legal representative in accordance with this rule; and may not rely on closed material at a hearing unless a special advocate has been appointed and attends the hearing to represent the interests of that party. The appropriate Minister must file with the court and serve, at such time as the court directs, on the special advocate— the closed material; a statement of the reasons for withholding that material from the specially represented party; and if the appropriate Minister considers it possible to summarise that material without disclosing information contrary to the public interest, a summary of that material in a form which can be served on the specially represented party or that party’s legal representative. Where the appropriate Minister serves on the special advocate any closed material which has been redacted on grounds other than those of legal professional privilege— the appropriate Minister must file with the court the material in an unredacted form together with an explanation of the redactions; and the court will give a direction to the appropriate Minister as to what may be redacted and what, if any, must be served on the special advocate in an unredacted form. The appropriate Minister may at any time amend or supplement material filed under this rule, but only with— the agreement of the special advocate; or the permission of the court.

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