KENNEDY v. THE UNITED KINGDOM JUDGMENT
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“(c) prescribe the form and manner in which proceedings are to be brought before
the Tribunal or a complaint or reference is to be made to the Tribunal;
...
(f) prescribe the forms of hearing or consideration to be adopted by the Tribunal in
relation to particular proceedings, complaints or references ... ;
(g) prescribe the practice and procedure to be followed on, or in connection with, the
hearing or consideration of any proceedings, complaint or reference (including, where
applicable, the mode and burden of proof and the admissibility of evidence);
(h) prescribe orders that may be made by the Tribunal under section 67(6) or (7);
(i) require information about any determination, award, order or other decision made
by the Tribunal in relation to any proceedings, complaint or reference to be provided
(in addition to any statement under section 68(4)) to the person who brought the
proceedings or made the complaint or reference, or to the person representing his
interests.”
83. Section 69(6) provides that in making the rules the Secretary of State
shall have regard to:
“(a) the need to secure that matters which are the subject of proceedings, complaints
or references brought before or made to the Tribunal are properly heard and
considered; and
(b) the need to secure that information is not disclosed to an extent, or in a manner,
that is contrary to the public interest or prejudicial to national security, the prevention
or detection of serious crime, the economic well-being of the United Kingdom or the
continued discharge of the functions of any of the intelligence services.”
c. The Rules
84. The Secretary of State has adopted rules to govern the procedure
before the IPT in the form of the Investigatory Powers Tribunal Rules 2000
(“the Rules”). The Rules cover various aspects of the procedure before the
IPT. As regards disclosure of information, Rule 6 provides:
“(1) The Tribunal shall carry out their functions in such a way as to secure that
information is not disclosed to an extent, or in a manner, that is contrary to the public
interest or prejudicial to national security, the prevention or detection of serious crime,
the economic well-being of the United Kingdom or the continued discharge of the
functions of any of the intelligence services.
(2) Without prejudice to this general duty, but subject to paragraphs (3) and (4), the
Tribunal may not disclose to the complainant or to any other person:
(a) the fact that the Tribunal have held, or propose to hold, an oral hearing under
rule 9(4);
(b) any information or document disclosed or provided to the Tribunal in the course
of that hearing, or the identity of any witness at that hearing;