Section 5: Procedure in relation to jurisdiction under sections 2 and 3., Special Immigration Appeals Commission Act 1997

The Lord Chancellor may make rules—

for regulating the exercise of the rights of appeal conferred by section 2 or 2B... above,

for prescribing the practice and procedure to be followed on or in connection with appeals under that section section 2 or 2B... above, including the mode and burden of proof and admissibility of evidence on such appeals, and

for other matters preliminary or incidental to or arising out of such appeals, including proof of the decisions of the Special Immigration Appeals Commission.

Rules under this section shall provide that an appellant has the right to be legally represented in any proceedings before the Commission on an appeal under section 2 or 2B... above, subject to any power conferred on the Commission by such rules.

Rules under this section may, in particular, do anything which may be done by Tribunal Procedure Rules.

Rules under this section may, in particular—

make provision enabling proceedings before the Commission to take place without the appellant being given full particulars of the reasons for the decision which is the subject of the appeal,

make provision enabling the Commission to hold proceedings in the absence of any person, including the appellant and any legal representative appointed by him,

make provision about the functions in proceedings before the Commission of persons appointed under section 6 below, and

make provision enabling the Commission to give the appellant a summary of any evidence taken in his absence.

Rules under this section may also include provision—

enabling any functions of the Commission which relate to matters preliminary or incidental to an appeal, or which are conferred by Schedule 10 to the Immigration Act 2016, to be performed by a single member of the Commission, or

conferring on the Commission such ancillary powers as the Lord Chancellor thinks necessary for the purposes of the exercise of its functions.

The power to make rules under this section shall include power to make rules with respect to applications to the Commission under Schedule 10 to the Immigration Act 2016 and matters arising out of such applications.

Rules under this section must secure that, where the Commission has decided not to release a person on immigration bail under Schedule 10 to the Immigration Act 2016, the Commission is required to dismiss any further application by the person for release on immigration bail that is made during the period of 28 days starting with the date of the Commission's decision, unless there has been a material change in circumstances.

In making rules under this section, the Lord Chancellor shall have regard, in particular, to—

the need to secure that decisions which are the subject of appeals are properly reviewed, and

the need to secure that information is not disclosed contrary to the public interest.

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The power to make rules under this section shall be exercisable by statutory instrument.

No rules shall be made under this section unless a draft of them has been laid before and approved by resolution of each House of Parliament.

Section 5: Procedure in relation to jurisdiction under sections 2 and 3.

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