Regulation of Investigatory Powers Act 2000 (c. 23)2000 (c. 23)

9 (1) Section 18 of the Regulation of Investigatory Powers Act 2000 (exclusion of
intercepted communications etc. from legal proceedings: exceptions) is
amended as follows.

(2) 5In subsection (1)—

(a) at the end of paragraph (e), the word “or” is repealed, and

(b) after paragraph (f) insert “, or

(g) any section 6 proceedings within the meaning given
by section 11(1) of the Justice and Security Act 2012
10(certain civil proceedings in which closed material
applications may be made).”

(3) In subsection (2)—

(a) in the opening words, for “(f)” substitute “(g)”,

(b) in paragraph (a)—

(i) 15in sub-paragraph (i), after “appellant” insert “or (as the case
may be) applicant”,

(ii) in sub-paragraph (ii), after “appellant” insert “or applicant”,
and

(iii) at the end, the word “or” is repealed, and

(c) 20after paragraph (b) insert—

“(c) in the case of proceedings falling within paragraph
(g) where the only relevant person is the Secretary of
State, to—

(i) a person, other than the Secretary of State,
25who is or was a party to the proceedings; or

(ii) any person who for the purposes of the
proceedings (but otherwise than by virtue of
appointment as a special advocate) represents
a person falling within sub-paragraph (i); or

(d) 30in the case of proceedings falling within paragraph
(g) where the Secretary of State is not the only
relevant person or is not a relevant person but is a
party to the proceedings, to—

(i) a person, other than the relevant person
35concerned or the Secretary of State, who is or
was a party to the proceedings; or

(ii) any person who for the purposes of the
proceedings (but otherwise than by virtue of
appointment as a special advocate) represents
40a person falling within sub-paragraph (i).”

(4) After subsection (2) insert—

“(2A) In subsection (2)(c) and (d) “relevant person”, in relation to
proceedings falling within subsection (1)(g), has the meaning given
by section 11(1) of the Justice and Security Act 2012.”

45Equality Act 2010 (c. 15)2010 (c. 15)

10 In section 115 of the Equality Act 2010 (immigration cases), at the end,

insert—

“(8) This section applies in relation to reviews under section 2D of the
Special Immigration Appeals Commission Act 1997 as it applies in
relation to appeals under the immigration provisions.”

Section 16(1)

5SCHEDULE 3 Transitional provision

Part 1 Oversight of intelligence and security activities

1 (1) The persons who, immediately before the coming into force of section 1(1),
10were members of the previous Intelligence and Security Committee become,
on the coming into force of section 1(1), members of the new Intelligence and
Security Committee.

(2) The person who, immediately before the coming into force of section 1(1),
was the Chairman of the previous Intelligence and Security Committee
15becomes, on the coming into force of section 1(1), the Chair of the new
Intelligence and Security Committee.

(3) The new Intelligence and Security Committee may have access to
documents or other information provided or belonging to the previous
Intelligence and Security Committee.

(4) 20In this paragraph—

• “the new Intelligence and Security Committee” means the Intelligence
  and Security Committee established under section 1 of this Act,

• “the previous Intelligence and Security Committee” means the
  Intelligence and Security Committee established under section 10 of
  25the Intelligence Services Act 1994.

Part 2 Closed material procedure

2 Sections 6 to 11, and paragraphs 5, 6 and 9 of Schedule 2 (other than
paragraph 9(3)(b)(i) and (ii)), apply in relation to proceedings begun, but not
30finally determined, before the coming into force of section 6 (in addition to
proceedings begun on or after the coming into force of that section).

3 (1) The first time after the passing of this Act that rules of court are made in
exercise of the powers conferred by sections 6 to 11 in relation to proceedings
in England and Wales or in Northern Ireland before a court of a particular
35description, the rules (together with any related rules of court) may be made
by the Lord Chancellor instead of by the person who would otherwise make
them.

(2) Sub-paragraph (1) does not apply to rules of court in relation to proceedings
before the Supreme Court.

(3) Before making rules of court under sub-paragraph (1), the Lord Chancellor
must consult—

(a) in relation to rules applicable to proceedings in England and Wales,
the Lord Chief Justice of England and Wales, and

(b) 5in relation to rules applicable to proceedings in Northern Ireland, the
Lord Chief Justice of Northern Ireland.

(4) But the Lord Chancellor is not required to undertake any other consultation
before making the rules.

(5) A requirement to consult under sub-paragraph (3) may be satisfied by
10consultation that took place wholly or partly before the passing of this Act.

(6) Rules of court made by the Lord Chancellor under sub-paragraph (1)—

(a) must be laid before Parliament, and

(b) if not approved by a resolution of each House before the end of 40
days beginning with the day on which they were made, cease to have
15effect at the end of that period.

(7) In determining that period of 40 days no account is to be taken of any time
during which Parliament is dissolved or prorogued or during which both
Houses are adjourned for more than 4 days.

(8) If rules cease to have effect in accordance with sub-paragraph (6)—

(a) 20that does not affect anything done in previous reliance on the rules,
and

(b) sub-paragraph (1) applies again as if the rules had not been made.

(9) The following provisions do not apply to rules of court made by the Lord
Chancellor under this paragraph—

(a) 25section 3(6) of the Civil Procedure Act 1997 (Parliamentary
procedure for civil procedure rules),

(b) section 56(1), (2) and (4) of the Judicature (Northern Ireland) Act 1978
(statutory rules procedure).

(10) Until the coming into force of section 85 of the Courts Act 2003, the reference
30in sub-paragraph (9)(a) to section 3(6) of the Civil Procedure Act 1997 is to
be read as a reference to section 3(2) of that Act.

(11) In this paragraph “related rules of court” means rules of court that—

(a) are contained in the same instrument as the rules mentioned in sub-
paragraph (1), and

(b) 35relate specifically to the same kind of proceedings as those rules.

4 (1) An order under section 16(2) may, in particular, make provision about the
application of section 12, and paragraphs 7, 8 and 10 of Schedule 2, to any
direction or decision of the Secretary of State which—

(a) is of a kind falling within section 2C(1)(a) and (b) or (as the case may
40be) 2D(1)(a) of the Special Immigration Appeals Commission Act
1997, and

(b) was made before the section 12 commencement day.

(2) Provision of the kind mentioned in sub-paragraph (1) may, in particular,
provide for—

(a) 45the Secretary of State to certify under section 2C(1)(c) or (as the case
may be) 2D(1)(b) of the Special Immigration Appeals Commission

Act 1997, on or after the section 12 commencement day, any direction
or decision falling within sub-paragraph (1),

(b) the termination of any judicial review proceedings, or proceedings
on appeal from such proceedings, which relate to a direction or
5decision which is so certified (whether such proceedings began
before, on or after the section 12 commencement day).

(3) In this paragraph “the section 12 commencement day” means the day on
which section 12 comes into force.

Part 3 10“Norwich Pharmacal” and similar jurisdictions

5 Sections 14 and 15 apply in relation to proceedings begun, but not finally
determined, before the coming into force of section 14 (in addition to
proceedings begun on or after the coming into force of that section).