5. Amendment of section 40 of Civil Liability and Courts Act 2004.
Section 40 of the Act of 2004 is amended by inserting the following subsection after subsection (3):
(a) Subject to paragraph (b), nothing contained in a relevant enactment shall operate to prohibit bona fide representatives of the Press from attending proceedings to which the relevant enactment relates.
(b) Subject to paragraphs (c) and (d), where, in proceedings under a relevant enactment, a court is satisfied that it is necessary to do so -
(i) in order to preserve the anonymity of a party to the proceedings or any child to whom the proceedings relate,
(ii) by reason of the nature or circumstances of the case, or
(iii) as it is otherwise necessary in the interests of justice,
the court may, on its own motion, or on application to it by a party to the proceedings or by a person on behalf of a child to whom the proceedings relate, by order -
(I) exclude, or otherwise restrict the attendance of, bona fide representatives of the Press from the court during the hearing or particular parts of it, or
(II) prohibit or restrict the publication or broadcasting of any evidence given or referred to during the proceedings or any part of such evidence,
and any such order may, with regard to any restriction, contain such conditions as the court considers appropriate.