National Security Act 2023

Appointment of special advocateU.K.

10(1)The appropriate law officer may appoint a person to represent the interests of a party in any relevant proceedings or appeal proceedings from which the party (and any legal representative of the party) is excluded.

(2)A person appointed under sub-paragraph (1) is referred to in this Schedule as appointed as a “special advocate”.

(3)The “appropriate law officer” is—

(a)in relation to proceedings in England and Wales, the Attorney General;

(b)in relation to proceedings in Scotland, the Advocate General for Scotland;

(c)in relation to proceedings in Northern Ireland, the Advocate General for Northern Ireland.

(4)A person appointed as a special advocate is not responsible to the party to the proceedings whose interests the person is appointed to represent.

(5)A person may be appointed as a special advocate only if—

(a)in the case of an appointment by the Attorney General, the person has a general qualification for the purposes of section 71 of the Courts and Legal Services Act 1990;

(b)in the case of an appointment by the Advocate General for Scotland, the person is an advocate or a solicitor who has rights of audience in the Court of Session or the High Court of Justiciary by virtue of section 25A of the Solicitors (Scotland) Act 1980;

(c)in the case of an appointment by the Advocate General for Northern Ireland, the person is a member of the Bar of Northern Ireland.