Control of Exports Act 2023
|
Designation of legal representatives in respect of certain matters | ||
|
49. (1) The Minister may by order designate a person (in this section referred to as an “approved legal representative”) for the purposes of this section. | ||
(2) The Minister shall not designate a person under subsection (1) unless the Minister is satisfied that— | ||
(a) the person is a person referred to in paragraph (a) or (b) of section 39 (2), | ||
(b) the person has the requisite knowledge and experience to act as an approved legal representative, and | ||
(c) it is appropriate for the person, having regard to the security or public order of the State, to act as an approved legal representative, including by reference to such clearance, verification or background checks as may be prescribed. | ||
(3) Where— | ||
(a) the Minister is satisfied that an appeal under section 43 or a specified matter forming part of such appeal is likely to create a particularly sensitive and serious risk to the security or public order of the State, and | ||
(b) section 47 (2) does not apply to the appeal or specified matter forming part of the appeal, as the case may be, | ||
the Minister may specify that this section applies to that appeal or to that specified matter. | ||
(4) The Minister shall, as soon as practicable after specifying that this section applies to an appeal, or to a specified matter forming part of an appeal, give notice to the parties to the appeal of that fact. | ||
(5) No person other than an approved legal representative may represent a party to an appeal— | ||
(a) where this section applies to an appeal generally, before a court or adjudicator in relation to that appeal, | ||
(b) where this section applies to a specified matter forming part of an appeal, before a court or adjudicator, as the case may be, in respect of the matter, or | ||
(c) where this section applies to an appeal generally or to a specified matter forming part of an appeal, before a court in an application under section 51 relating to that appeal. | ||
(6) A person shall cease to be an approved legal representative on and from the date— | ||
(a) the person ceases to be qualified to practice as a barrister or solicitor in the State, or | ||
(b) the Minister revokes the order designating the person for the purposes of this section. |