Investigatory Powers Act 2016 (c. 25)
Schedule 3 — Exceptions to section 56
(ii)
241
does so otherwise than by virtue of an appointment under
paragraph 7 of that Schedule.
Closed material proceedings
7
(1) Section 56(1) does not apply in relation to any section 6 proceedings within
the meaning given by section 14(1) of the Justice and Security Act 2013
(certain civil proceedings in which closed material applications may be
made).
(2) But sub-paragraph (1) does not permit a prohibited section 6 disclosure.
(3) In the case of section 6 proceedings where the only relevant person is the
Secretary of State, a “prohibited section 6 disclosure” means a disclosure of
anything to—
(a) any person, other than the Secretary of State, who is or was a party
to the proceedings, or
(b) any person who—
(i) represents such a person for the purposes of the proceedings,
and
(ii) does so otherwise than by virtue of appointment as a special
advocate.
(4) In the case of section 6 proceedings where the Secretary of State is not the
only relevant person, or is not a relevant person but is a party to the
proceedings, a “prohibited section 6 disclosure” means a disclosure of
anything to—
(a) any person, other than the relevant person concerned or the
Secretary of State, who is or was a party to the proceedings, or
(b) any person who—
(i) represents a person within paragraph (a) for the purposes of
the proceedings, and
(ii) does so otherwise than by virtue of appointment as a special
advocate.
(5) In this paragraph “relevant person”, in relation to section 6 proceedings, has
the meaning given by section 14(1) of the Justice and Security Act 2013.
TPIM proceedings
8
(1) Section 56(1) does not apply in relation to—
(a) any TPIM proceedings, or
(b) any proceedings arising out of any TPIM proceedings.
(2) But sub-paragraph (1) does not permit the disclosure of anything to—
(a) any person, other than the Secretary of State, who is or was a party
to the proceedings, or
(b) any person who—
(i) represents such a person for the purposes of the proceedings,
and
(ii) does so otherwise than by virtue of appointment as a special
advocate under Schedule 4 to the Terrorism Prevention and
Investigation Measures Act 2011.