Section 264 — Immigration Act 2009: Recognition of special advocates

264 Recognition of special advocates (1) A special advocate is a lawyer (as defined in section 6 of the Lawyers and Conveyancers Act 2006) who has been recognised as a special advocate by an agency designated for the purpose by the Prime Minister. (2) The designated agency may recognise a lawyer as a special advocate if— (a) the lawyer holds an appropriate security clearance given by the chief executive of the Ministry of Justice; and (b) the designated agency is satisfied that the lawyer has appropriate knowledge and experience to be recognised as a special advocate. (3) Recognition under this section continues for 5 years, but the designated agency may recognise a lawyer as a special advocate for further 5-year periods. (4) The designated agency may withdraw a special advocate's recognition if the special advocate— (a) ceases to hold an appropriate security clearance; or (b) is suspended from practice as a barrister, a solicitor, or both, under the Lawyers and Conveyancers Act 2006 ; or (c) is struck off the roll of barristers and solicitors of the High Court. (5) The designated agency must, in addition to recording the persons recognised by it as special advocates, maintain a list of special advocates who may represent persons in proceedings under Part 9 , to cover the situation where— (a) a person has not yet appointed a special advocate to represent him or her in any appeal, matter, or review proceedings involving classified information; and (b) classified information may be relied on in determining an application made under that Part.