(1) In determining whether to make any order, including a closed court order, a court or tribunal must have regard to the primacy of the principle of open justice and the free communication and disclosure of information which require the hearing of a proceeding in open court.
(2) A court or tribunal should only make a closed court order—
(a) that the whole or any part of a proceeding be heard in closed court or closed tribunal; or
(b) that only specified persons or classes of persons may be present during the whole or any part of a proceeding—
if the specific circumstances of a case make it necessary to override or displace the principle of open justice and the free communication and disclosure of information which require the hearing of a proceeding in open court.