242 Tribunal to approve summary of allegations

(1)

The purpose of this section is to give an appellant or affected person an opportunity to comment on potentially prejudicial information in the course of proceedings involving classified information before the Tribunal.

(2)

If proceedings before the Tribunal involve classified information,—

(a)

the chief executive of the relevant agency must develop, and provide to the Tribunal for approval, a summary of the allegations arising from the classified information; and

(b)

the Tribunal must—

(i)

approve the summary developed under paragraph (a); or

(ii)

modify the summary, and then approve it; and

(c)

following approval (with or without modification) of the summary, the Tribunal must provide the summary to the appellant or affected person, the special advocate, and counsel assisting the court and the special adviser (if any and if relevant).

(3)

For the purposes of making its decision, the Tribunal may rely on the classified information only to the extent that the allegations arising from the information can be summarised without disclosing classified information that would be likely to prejudice the interests described in section 7(3).

(4)

In determining whether, or how, to modify the summary, the Tribunal—

(a)

must have regard to the views of the relevant agency; and

(b)

may have regard to the views of the applicant or the person who made the decision to which the proceedings apply.

(5)

Nothing in this section requires the summary to—

(a)

list any documents or other source material containing classified information; or

(b)

detail the contents of any documents or other source material containing classified information; or

(c)

specify the source of any documents or other source material containing classified information.

(6)

An updated summary must be prepared and provided in the same way as if it were a summary prepared under subsection (2) if—

(a)

any classified information that was proposed to be relied on in the course of the appeal or matter is withdrawn (unless all the information is withdrawn); or

(b)

further relevant classified information becomes available that may be relied on in the course of the appeal or matter.

(7)

To avoid doubt, a special advocate may not be involved in the process of approving, amending, or updating a summary (including an updated summary).