Screening of Third Country Transactions Act 2023
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Appeals to be held otherwise than in public | ||
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31. (1) Subject to subsection (4), proceedings before an adjudicator shall not be held in public, and the adjudicator shall exclude from the hearing of any proceedings before it all persons except— | ||
(a) a person providing services to the adjudicator, whose presence is necessary for the adjudicator to deal with the proceedings in accordance with this Act, | ||
(b) the parties to the appeal, | ||
(c) the legal representatives of the parties to the appeal, and | ||
(d) a witness whose evidence is relevant to the appeal, for as long as the witness’s presence is required for the purpose of providing such evidence. | ||
(2) This subsection shall apply to proceedings before an adjudicator where the Minister— | ||
(a) is satisfied that holding such proceedings, or specified matters forming part of such proceedings, in public would not create a risk to the security or public order of the State, and | ||
(b) notifies the adjudicator in writing of that fact. | ||
(3) The Minister shall not withdraw, or otherwise reverse the effect of, a notification under subsection (2)(b). | ||
(4) Where subsection (2) applies to proceedings, the adjudicator shall— | ||
(a) as soon as practicable after receiving a notification under subsection (2)(b), notify the appellants of that fact in writing, and | ||
(b) hold proceedings relating to the appeal, or to the specified matters forming part of the appeal, as the case may be, to which subsection (2) applies in public unless the adjudicator believes that there are good and sufficient reasons to hold such proceedings other than in public. | ||
(5) Where subsection (2) applies to proceedings before an adjudicator, or to specified matters forming part of such proceedings, it shall continue to apply to— | ||
(a) an appeal under section 34 arising from such proceedings or relating to such matters, | ||
(b) an application under section 35 relating to an appeal, or to the matters, referred to in paragraph (a), | ||
(c) an appeal from the decision of the High Court under section 34 (5) arising from the proceedings, or relating to the matters, referred to in paragraph (a), and | ||
(d) judicial review proceedings based on the proceedings. |