Part 1: Sanctions regulations Chapter 4: Court reviews Section 40: Rules of court
This section sets out that that the closed material procedure provided for in the Counter Terrorism Act 2008 may be used in respect of legal challenges under this Act. This means that in such challenges, the government may apply to the court for sensitive material to be disclosed only to special advocates and the court, on the basis of this being in the public interest. This would enable the government to use sensitive information to support the imposition of sanctions on persons without the additional risks posed by more open disclosure of such material. This section also sets out how, on the first occasion that the Lord Chancellor makes rules of court (which set out the court’s procedure) about the use of the closed material procedure in relation to challenges under section 38, the Lord Chancellor must consult the relevant heads of the judiciary in England and Wales, and in Northern Ireland. In Scotland, the power to make rules of court resides in the Court of Session, and this section makes no provision in respect of those rules.