4A

1

The Secretary of State may make rules with respect to the proceedings of the Commissioners for purposes connected with the holding, disclosure or use of protected information (as defined in Article 16(4)).

2

In particular, rules under this paragraph may include—

a

provision for the purpose of ensuring that the Secretary of State is informed of cases where protected information may be relevant;

b

provision for dealing with cases pending a decision of the Secretary of State as to whether protected information is relevant;

c

provision for dealing with cases where protected information is relevant, including (in particular) provision modifying any rules made by the Department of Justice so as to require the Commissioners (or any of them), so far as required by the Secretary of State for purposes connected with any protected information—

i

to conduct such cases, and otherwise carry out their functions, under the rules as if the Secretary of State were a party to the proceedings instead of, or in addition to, the Department of Justice, and

ii

to permit the Secretary of State to carry out functions of the Department of Justice under the rules accordingly;

d

any provision mentioned in paragraph 4(2)(a) to (g).

3

For the purposes of sub-paragraph (2)(d) above—

a

in paragraph 4(2) references to the Department of Justice are to be read as including references to the Secretary of State;

b

paragraph 4(3) and (4) applies in relation to any provision made by virtue of paragraph 4(2)(g).

4

Rules made by the Department of Justice under paragraph 4 have effect subject to rules made by the Secretary of State under this paragraph.