National security
7National security
(1)In section 42 of the 1976 Act (exclusion for acts safeguarding national security), at the end there is added “if the doing of the act was justified by that purpose”.
(2)Section 69(2)(b) of that Act (provision for national security certificates) is omitted.
8National security: procedure
After section 67 of the 1976 Act there is inserted—
“67ANational security: procedure
(1)Rules may make provision for enabling a court in which relevant proceedings have been brought, where it considers it expedient in the interests of national security—
(a)to exclude from all or part of the proceedings—
(i)the claimant;
(ii)the claimant’s representatives; or
(iii)the assessors (if any) appointed by virtue of section 67(4);
(b)to permit a claimant or representative who has been excluded to make a statement to the court before the commencement of the proceedings, or the part of the proceedings, from which he is excluded;
(c)to take steps to keep secret all or part of the reasons for its decision in the proceedings.
(2)The Attorney General or, in Scotland, the Advocate General for Scotland, may appoint a person to represent the interests of a claimant in, or in any part of, any proceedings from which the claimant and his representatives are excluded by virtue of subsection (1).
(3)A person appointed under subsection (2)—
(a)if appointed for the purposes of proceedings in England and Wales, must have a general qualification (within the meaning of section 71 of the [1990 c. 41.] Courts and Legal Services Act 1990); and
(b)if appointed for the purposes of proceedings in Scotland, must be—
(i)an advocate; or
(ii)a solicitor who has by virtue of section 25A of the [1980 c. 46.] Solicitors (Scotland) Act 1980 rights of audience in the Court of Session or the High Court of Justiciary.
(4)A person appointed under subsection (2) shall not be responsible to the person whose interests he is appointed to represent.
(5)In this section—
“relevant proceedings” means proceedings brought under this Act—
(a)in England and Wales, in a designated county court; or
(b)in Scotland, in a sheriff court; and
“rules” has the same meaning as in section 65.”