Information Leaflet 11: Applications raising matters relating to National Security
Functions of Appointed Reps
The functions of an appointed representative (Rule 3) are firstly:
- to take instructions from the person who will be prevented from hearing or inspecting evidence described in a direction (the affected person) before receiving copies of the evidence in relation to which the direction has been requested (potentially closed evidence);
- to make written representations as to whether a direction should be given;
- to deal with preliminary matters, make submissions and cross-examine witnesses where a hearing is held in accordance with Rule 9
The second function of the appointed representative is to represent the interests of the affected person by:.
- taking instructions from the affected person before receiving copies of evidence described in the direction (closed evidence);
- dealing with preliminary matters in relation to closed evidence in respect of a public local inquiry or independent examination;
- making submissions or cross-examining witnesses in relation to closed evidence at an inquiry or independent examination; and attending site visits.
Finally, the appointed representative is required to ensure that the copies of the closed evidence or potentially closed evidence are returned to the person who supplied it as soon as practicable after whichever is the later of the following dates:
- The Secretary of State has given notice under rule 13 that he does not intend to give a direction;
- An inquiry or independent examination, to which the closed evidence relates, has ended;
- The Secretary of State has notified the appointed representative that no inquiry or independent examination, to which the closed evidence relates, will be held.
For the purpose of any of these functions the appointed representative may discuss any matter relating to closed evidence or potentially closed evidence with the person who supplied the evidence to the Secretary of State or with a person specified in the direction.