Section 70
Ministers
1 A Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975).
2 A Northern Ireland Minister, the First Minister in Northern Ireland, the deputy First Minister in Northern Ireland or a person appointed as a junior Minister under section 19 of the Northern Ireland Act 1998.
3 The First Minister for Scotland, a Minister appointed under section 47 of the Scotland Act 1998 or a junior Scottish Minister.
4 The First Minister for Wales, a Welsh Minister appointed under section 48 of the Government of Wales Act 2006, the Counsel General to the Welsh Government or a Deputy Welsh Minister appointed under section 50 of that Act.
MPs etc
5 A member of either House of Parliament.
6 A member of the Northern Ireland Assembly.
7 A member of the Scottish Parliament.
8 A member of Senedd Cymru.
9 An employee or other member of staff of a person within any of paragraphs 5 to 8.
Local government
10 The Mayor of London.
11 A mayor for the area of a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009.
Political parties
12 An officer, trustee or agent of a UK registered political party (within the meaning of section 70).
13 A member of such a political party who exercises executive functions on behalf of the party.
Election candidates
14 A candidate at an election for a relevant elective office (within the meaning of section 37 of the Elections Act 2022).
15 A candidate at an election for a relevant Scottish elective office (within the meaning of that section).
Civil servants
16 (1) A member of—
(a) the Senior Civil Service;
(b) the Northern Ireland Senior Civil Service;
(c) the Senior Management Structure of His Majesty’s Diplomatic Service.
(2) A person who serves the government in a position in the civil service of the State and whose appointment to that position meets the requirements applicable to that position set out in section 15(1) of the Constitutional Reform and Governance Act 2010 (special advisers).
(3) A special adviser within the meaning of section 1 of the Civil Service (Special Advisers) Act (Northern Ireland) 2013 (c. 8 (N.I.)) (special advisers).
Military personnel
17 (1) An officer subject to service law who is of or above the rank of commodore, brigadier or air commodore.
(2) In sub-paragraph (1), “subject to service law” has the same meaning as in the Armed Forces Act 2006 (see section 374 of that Act).
Police
18 The chief constable or deputy chief constable of a police force maintained under section 2 of the Police Act 1996.
19 A police and crime commissioner.
20 A person of one of the following ranks of the metropolitan police force—
(a) Commissioner of Police of the Metropolis;
(b) Deputy Commissioner of Police of the Metropolis;
(c) Assistant Commissioner of Police of the Metropolis;
(d) Deputy Assistant Commissioner of Police of the Metropolis.
21 The Commissioner of Police for the City of London or an Assistant Commissioner of Police for the City of London.
22 The chief constable or deputy chief constable of the Police Service of Northern Ireland.
23 The chief constable or a deputy chief constable of the Police Service of Scotland.
24 The chief constable or a deputy chief constable of the Ministry of Defence Police.
25 The chief constable or deputy chief constable of the British Transport Police Force.
26 The chief constable or deputy chief constable of the Civil Nuclear Constabulary.
Persons exercising public functions
27 (1) A person exercising public functions who is specified by the Secretary of State in regulations.
(2) “Public functions” means functions of a public nature—
(a) exercisable in the United Kingdom, or
(b) exercisable in a country or territory outside the United Kingdom by a person acting for or on behalf of, or holding office under, the Crown.
Section 73
UK arrangements
1 (1) Sections 65(4) and 69(3) (requirements to register foreign activity arrangements and foreign influence arrangements) do not apply to foreign activity arrangements or foreign influence arrangements that are UK arrangements.
(2) The following provisions do not apply to activities carried out in accordance with a UK arrangement—
(a) section 68(1) to (3) (specified persons etc must not carry out unregistered activities);
(b) section 72(1) (foreign powers etc must not carry out unregistered political influence activities).
(3) A “UK arrangement” is an arrangement or agreement to which—
(a) the United Kingdom is a party, or
(b) any person acting for or on behalf of, or holding office under, the Crown is (in that capacity) a party.
Foreign powers
2 The following provisions do not apply to a foreign power—
(a) section 65(4) (requirement to register foreign activity arrangements);
(b) section 67(2) or (3) (offence of carrying out activities under unregistered foreign activity arrangement);
(c) section 69(3) (requirement to register foreign influence arrangements);
(d) section 71(2) or (3) (offence of carrying out activities under unregistered foreign influence arrangement);
(e) section 78(1) and (2) (offences of carrying out activities tainted by false information).
Diplomatic missions etc
3 (1) Section 65(4) (requirement to register foreign activity arrangements) does not apply to the extent that the foreign activity arrangement relates to the provision of goods or services which are reasonably necessary to support the efficient functioning of—
(a) a diplomatic mission,
(b) a consular post, or
(c) the permanent mission to a UK-based international organisation of a country which is a member of the organisation,
(for example, the provision of catering or maintenance services).
(2) Sections 65(4) and 69(3) (requirements to register foreign activity arrangements and foreign influence arrangements) do not apply where P (within the meaning of those sections)—
(a) is a member of the family of a principal person forming part of the principal person’s household, and
(b) makes the arrangement pursuant to an activity carried out by the principal person in that capacity.
(3) “Principal person” means a person who is a member of staff of—
(a) a diplomatic mission,
(b) a consular post, or
(c) the permanent mission to a UK-based international organisation of a country which is a member of the organisation.
(4) The members of the family of a principal person forming part of the principal person’s household include a person who is living with the principal person as their partner in an enduring family relationship.
(5) “Member of staff”—
(a) in the case of a diplomatic mission, means a member of the mission within the meaning given by Article 1 of the Vienna Convention on Diplomatic Relations (set out in Schedule 1 to the Diplomatic Privileges Act 1964);
(b) in the case of a consular post, means a member of the consular post within the meaning given by Article 1 of the Vienna Convention on Consular Relations (set out in Schedule 1 to the Consular Relations Act 1968).
(6) In this paragraph—
“consular post” has the meaning given by Article 1 of the Vienna Convention on Consular Relations (set out in Schedule 1 to the Consular Relations Act 1968);
“diplomatic mission” is to be read in accordance with the Vienna Convention on Diplomatic Relations done at Vienna on 18 April 1961;
“UK-based international organisation” means an international organisation which has its headquarters in the United Kingdom and on which privileges and immunities have been conferred under section 1 of the International Organisations Act 1968.
Recognised news publishers
4 (1) The following provisions do not apply to a recognised news publisher—
(a) section 69(3) (requirement to register foreign influence arrangements);
(b) section 71(2) or (3) (offence of carrying out activities under unregistered foreign influence arrangement);
(c) section 78(2) (offence of carrying out political influence activities tainted by false information).
(2) The following provisions do not apply to a person who is not a recognised news publisher, where the foreign influence arrangement in question is a news-related foreign influence arrangement—
(a) section 69(3) (requirement to register foreign influence arrangements);
(b) section 71(2) or (3) (offence of carrying out activities under unregistered foreign influence arrangement);
(c) section 78(2) (offence of carrying out political influence activities tainted by false information).
(3) A “news-related foreign influence arrangement” is a foreign influence arrangement made between a person and a foreign power who is a recognised news publisher where the purpose, or one of the purposes, of the arrangement is the publication of news-related material.
(4) In this paragraph “news-related material”, “publish”, and “recognised news publisher” have the meaning given by paragraph 5.
5 (1) In paragraph 4, “recognised news publisher” means any of the following entities—
(a) the British Broadcasting Corporation,
(b) Sianel Pedwar Cymru,
(c) the holder of a licence under the Broadcasting Act 1990 or 1996 who publishes news-related material in connection with the broadcasting activities authorised under the licence, and
(d) any other entity which—
(i) meets all of the conditions in sub-paragraph (2),
(ii) is not an excluded entity (see sub-paragraph (3)), and
(iii) is not a sanctioned entity (see sub-paragraph (4)).
(2) The conditions referred to in sub-paragraph (1)(d)(i) are that the entity—
(a) has as its principal purpose the publication of news-related material, and such material—
(i) is created by different persons, and
(ii) is subject to editorial control,
(b) publishes such material in the course of a business (whether or not carried on with a view to profit),
(c) is subject to a standards code,
(d) has policies and procedures for handling and resolving complaints,
(e) has a registered office or other business address,
(f) is the person with legal responsibility for material published by it in the United Kingdom, and
(g) publishes—
(i) the entity’s name, the address mentioned in paragraph (e) and the entity’s registered number (if any), and
(ii) the name and address of any person who controls the entity (including, where such a person is an entity, the address of that person’s registered or principal office and that person’s registered number (if any)).
(3) An “excluded entity” is an entity—
(a) which is a proscribed organisation under the Terrorism Act 2000 (see section 3 of that Act), or
(b) the purpose of which is to support a proscribed organisation under that Act.
(4) A “sanctioned entity” is an entity which—
(a) is designated by name under a power contained in regulations under section 1 of the Sanctions and Anti-Money Laundering Act 2018 that authorises the Secretary of State or the Treasury to designate persons for the purposes of the regulations or of any provisions of the regulations, or
(b) is a designated person under any provision included in such regulations by virtue of section 13 of that Act (persons named by or under UN Security Council Resolutions).
(5) For the purposes of sub-paragraph (2)—
(a) news-related material is “subject to editorial control” if there is a person (whether or not the publisher of the material) who has editorial or equivalent responsibility for the material, including responsibility for how it is presented and the decision to publish it;
(b) “control” has the same meaning as it has in the Broadcasting Act 1990 by virtue of section 202 of that Act.
(6) In this paragraph—
“news-related material” means material consisting of—
news or information about current affairs,
opinion about matters relating to the news or current affairs, or
gossip about celebrities, other public figures or other persons in the news;
“publish” means publish by any means (including by broadcasting), and references to a publisher and publication are to be construed accordingly;
“standards code” means—
a code of standards that regulates the conduct of publishers, that is published by an independent regulator, or
a code of standards that regulates the conduct of the entity in question, that is published by the entity itself.
Legal activities
6 (1) Sections 65(4) and 69(3) (requirements to register foreign activity arrangements and foreign influence arrangements) do not apply in relation to a foreign activity arrangement or a foreign influence arrangement to the extent that the arrangement relates to the carrying on of a legal activity by a lawyer.
(2) The following provisions do not apply to the carrying on of a legal activity by a lawyer—
(a) section 68(1) to (3) (specified persons etc must not carry out unregistered activities);
(b) section 72(1) (foreign powers etc must not carry out unregistered political influence activities).
(3) “Lawyer” means—
(a) a person who for the purposes of the Legal Services Act 2007 is an authorised person in relation to an activity that constitutes a reserved legal activity (within the meaning of that Act),
(b) a solicitor or barrister in Northern Ireland,
(c) a solicitor or advocate in Scotland, or
(d) a person who is a member, and entitled to practise as such, of a legal profession regulated in a jurisdiction outside the United Kingdom.
(4) “Legal activity” means—
(a) in England and Wales, a legal activity within the meaning of section 12 of the Legal Services Act 2007,
(b) in Northern Ireland, a legal activity within the meaning of that section, but reading the reference to an activity which is a reserved legal activity as a reference to an activity corresponding to a reserved legal activity,
(c) in Scotland, the provision of legal services within the meaning of section 3 of the Legal Services (Scotland) Act 2010 (asp 16), or
(d) acting as an arbitrator or mediator.
Employees etc
7 (1) Where an exemption is conferred on a person (“P”) by this Schedule, the following are also exempt (subject to sub-paragraph (2))—
(a) a person who holds office in or under, or is an employee or other member of staff of, P (acting in that capacity), or
(b) a person the Secretary of State reasonably considers to be exercising functions on behalf of P as if the person were within paragraph (a).
(2) Where P is a foreign power, the exemption does not apply to persons within sub-paragraph (1)(a) if or to the extent that the person makes a misrepresentation about their activities or the capacity in which they act (whether generally or to a particular person).
(3) A misrepresentation is a representation that a reasonable person would consider to be false or misleading in a material way.
(4) A misrepresentation may be made by making a statement or by any other kind of conduct (including an omission), and may be express or implied.
(5) A misrepresentation may in particular include—
(a) a misrepresentation as to the person’s identity or purpose;
(b) presenting information in a way which amounts to a misrepresentation, even if some or all of the information is true.
Power to provide for further exemptions
8 The Secretary of State may by regulations make provision for further cases to which any provision of this Part does not apply.
Section 92
1 (1) Section 41 to the Terrorism Act 2000 (arrest without warrant) is amended as follows.
(2) In subsection (3)(b)—
(a) for the words from “Schedule 7” to “2019,” substitute “a provision listed in subsection (3A)”;
(b) for “examination under that Schedule” substitute “detention under that provision”.
(3) After subsection (3) insert—
(3A) Those provisions are—
(a) section 24 of the Police and Criminal Evidence Act 1984;
(b) Article 26 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12));
(c) Schedule 7;
(d) section 1 of the Criminal Justice (Scotland) Act 2016 (asp 1);
(e) Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019;
(f) section 27 of the National Security Act 2023.
(4) After subsection (8) insert—
(8ZA) Subsection (8A) applies where—
(a) a person is detained under this section in hospital, or
(b) a person detained under this section is removed to hospital because the person needs medical treatment.
(5) In subsection (8A)—
(a) for the words before paragraph (a) substitute “Where this subsection applies”;
(b) in paragraph (a) after “hospital or” insert “(where this subsection applies by virtue of subsection (8ZA)(b))”;
(c) in paragraph (b) after “hospital or” insert “(where this subsection applies by virtue of subsection (8ZA)(b))”.
2 (1) Schedule 5 to the Terrorism Act 2000 (terrorist investigations) is amended as follows.
(2) In paragraph 3 (power to search premises within cordoned area)—
(a) in sub-paragraph (1) for the words from “Subject” to “superintendent” substitute “A constable”;
(b) in sub-paragraph (2) for the words from “who” to “paragraph” substitute “may exercise the power in sub-paragraph (1) only”.
(3) In paragraph 15 (search and seizure in urgent cases: England, Wales and Northern Ireland)—
(a) at the end of sub-paragraph (1) insert “(subject to sub-paragraph (1A))”;
(b) after sub-paragraph (1) insert—
(1A) An order under this paragraph giving the authority which may be given by a search warrant under paragraph 11 does not authorise a constable to retain confidential journalistic material.
(1B) “Confidential journalistic material” means material which is excluded material by virtue of section 11(1)(c) of the Police and Criminal Evidence Act 1984.
(4) After paragraph 15 insert—
15A (1) This paragraph applies where confidential journalistic material is seized by virtue of an order under paragraph 15 giving the authority which may be given by a search warrant under paragraph 11.
(2) A constable may apply to a Circuit judge for the issue of a warrant under this paragraph.
(3) An application under sub-paragraph (2) must be made as soon as reasonably practicable after the material is seized.
(4) The judge may grant an application under sub-paragraph (2) if satisfied that conditions 1 to 3 are met.
(5) Condition 1 is that the warrant is sought for the purposes of a terrorist investigation.
(6) Condition 2 is that there are reasonable grounds for believing that the material is likely to be of substantial value, whether by itself or with other material, to a terrorist investigation.
(7) Condition 3 is that there are reasonable grounds for believing that it is in the public interest that the material should be retained having regard to the benefit likely to accrue to the terrorist investigation if the material is retained.
(8) A warrant under this paragraph is a warrant authorising the retention of confidential journalistic material.
(9) A warrant under this paragraph may impose conditions on the retention and use of the material.
(10) If the judge does not grant an application for the issue of a warrant under this paragraph in relation to any of the material to which the application relates, the judge may direct that the material is—
(a) returned to the person from whom it was seized, or
(b) destroyed.
(11) “Confidential journalistic material” has the same meaning as in paragraph 15.
(5) In paragraph 18 (application to Northern Ireland) before paragraph (f) insert—
(ea) the reference in paragraph 15(1B) to section 11(1)(c) of the Police and Criminal Evidence Act 1984 is to be taken as a reference to Article 13(1)(c) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)),
.
(6) In paragraph 31 (search and seizure in urgent cases: Scotland)—
(a) at the end of sub-paragraph (1) insert “(subject to sub-paragraph (1A))”;
(b) after sub-paragraph (1) insert—
(1A) An order under this paragraph does not authorise a constable to retain confidential journalistic material.
(1B) “Confidential journalistic material” has the same meaning as in the Investigatory Powers Act 2016 (see section 264(6) and (7) of that Act).
(7) After paragraph 31 insert—
31A (1) This paragraph applies where confidential journalistic material is seized by virtue of an order under paragraph 31.
(2) The procurator fiscal may apply to a sheriff for the issue of a warrant under this paragraph.
(3) An application under sub-paragraph (2) must be made as soon as reasonably practicable.
(4) The sheriff may grant an application under sub-paragraph (2) if satisfied that conditions 1 to 3 are met.
(5) Condition 1 is that the warrant is sought for the purposes of a terrorist investigation.
(6) Condition 2 is that there are reasonable grounds for believing that the material is likely to be of substantial value, whether by itself or with other material, to a terrorist investigation.
(7) Condition 3 is that there are reasonable grounds for believing that it is in the public interest that the material should be retained having regard to the benefit likely to accrue to the terrorist investigation if the material is retained.
(8) A warrant under this paragraph is a warrant authorising the retention of confidential journalistic material.
(9) A warrant under this paragraph may impose conditions on the retention and use of the material.
(10) If the sheriff does not grant an application for the issue of a warrant under this paragraph in relation to any of the material to which the application relates, the sheriff may direct that the material is—
(a) returned to the person from whom it was seized, or
(b) destroyed.
(11) “Confidential journalistic material” has the same meaning as in paragraph 31.
Section 94
Official Secrets Act 1911 (c. 28)
1 The Official Secrets Act 1911 is repealed.
Official Secrets Act 1920 (c. 75)
2 The Official Secrets Act 1920 is repealed.
Official Secrets Act 1939 (c. 121)
3 The Official Secrets Act 1939 is repealed.
Police and Criminal Evidence Act 1984 (c. 60)
4 (1) The Police and Criminal Evidence Act 1984 is amended as follows.
(2) In section 56 (right to have someone informed when arrested), in subsection (10), after “the terrorism provisions” insert “or under section 27 of the National Security Act 2023,”.
(3) In section 58 (right to consult a solicitor), in subsection (12), after “the terrorism provisions” insert “or under section 27 of the National Security Act 2023,”.
(4) In section 61 (fingerprinting), in subsection (9)(b), after “the terrorism provisions” insert “or under section 27 of the National Security Act 2023,”.
(5) In section 63F (retention of fingerprints and DNA profiles for persons arrested for or charged with a qualifying offence)—
(a) in subsections (5)(a) and (5A)(a), after “terrorism-related qualifying offence” insert “or a national security-related qualifying offence”;
(b) in subsection (11), in the appropriate place insert—
“national security-related qualifying offence” means—
an offence under section 18 of the National Security Act 2023 or for the time being listed in section 33(3)(a) of that Act, or
an ancillary offence, as defined in section 65A(5), relating to an offence for the time being listed in section 33(3)(a) of that Act,
.
(6) In section 63U (exclusions for certain regimes), after subsection (4A) insert—
(4B) Sections 63D to 63T do not apply to material to which—
(a) Part 4 of Schedule 6 to the National Security Act 2023 applies, or
(b) paragraph 6 of Schedule 12 to that Act applies.
(7) In section 65A(2) (meaning of “qualifying offence”), after paragraph (u) insert—
(v) an offence under section 18 of the National Security Act 2023 or for the time being listed in section 33(3)(a) of that Act.
Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))
5 (1) The Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) is amended as follows.
(2) In Article 53A (meaning of “qualifying offence”), after paragraph (2)(v) insert—
(w) an offence under section 18 of the National Security Act 2023 or for the time being listed in section 33(3)(a) of that Act.
(3) In Article 57 (right to have someone informed when arrested), in paragraph (10), after “the terrorism provisions” insert “or under section 27 of the National Security Act 2023,”.
(4) In Article 59 (right to consult a solicitor), in paragraph (12), after “the terrorism provisions” insert “or under section 27 of the National Security Act 2023,”.
(5) In Article 61 (fingerprinting), in paragraph (9)(b), after “the terrorism provisions” insert “or under section 27 of the National Security Act 2023,”.
(6) In Article 62 (intimate samples), after paragraph (12) insert—
(12A) Nothing in this Article applies to a person arrested or detained under section 27 of the National Security Act 2023; and paragraph (1A) does not apply where the non‐intimate samples mentioned in that paragraph were taken under paragraph 10 of Schedule 6 to that Act.
(7) In Article 63 (other samples), in paragraph (11), after “the terrorism provisions” insert “or under section 27 of the National Security Act 2023,”.
(8) In Article 63R (as inserted by Schedule 2 to the Criminal Justice Act (Northern Ireland) 2013 (c. 7 (N.I.)), after paragraph (4A) (as inserted by Schedule 4 to the Counter-Terrorism and Border Security Act 2019) insert—
(4B) Articles 63B to 63Q do not apply to material to which—
(a) Part 4 of Schedule 6 to the National Security Act 2023 applies, or
(b) paragraph 6 of Schedule 12 to that Act applies.
(9) In Article 64 (destruction of fingerprints and samples), in paragraph (8)(b), after “the terrorism provisions” insert “or under section 27 of the National Security Act 2023”.
Official Secrets Act 1989 (c. 6)
6 (1) The Official Secrets Act 1989 is amended as follows.
(2) In section 5(6) (offence of disclosing information obtained by espionage) for “section 1 of the Official Secrets Act 1911” substitute “any of sections 1 to 4 of the National Security Act 2023”.
(3) In section 11 (arrest, search and trial)—
(a) for subsections (3) and (3A) substitute—
(3) Schedule 2 to the National Security Act 2023 (powers of entry, search and seizure) applies in relation to a relevant offence as it applies in relation to a relevant act (within the meaning given by paragraphs 1 and 18 of that Schedule).
;
(b) for subsection (4) substitute—
(4) If it is necessary in the interests of national security, a court may exclude the public from any part of proceedings for a relevant offence, except the passing of sentence.
;
(c) after subsection (4) insert—
(4A) In this section a “relevant offence” means an offence under any provision of this Act other than section 8(1), (4) or (5).
Criminal Procedure (Scotland) Act 1995 (c. 46)
7 (1) Section 19C of the Criminal Procedure (Scotland) Act 1995 (use of samples etc) is amended as follows.
(2) In subsection (1)(a) and (b), after “2019” insert “or paragraph 18 of Schedule 6 to the National Security Act 2023”.
(3) In subsection (2)—
(a) in paragraph (c) omit “or”;
(b) after that paragraph insert—
(ca) for the purposes of investigating foreign power threat activity, or
.
(4) In subsection (6)—
(a) in paragraph (c) omit “and”;
(b) after that paragraph insert—
(ca) “foreign power threat activity” has the meaning given by section 33 of the National Security Act 2023, and
.
Protection of Freedoms Act 2012 (c. 9)
8 (1) Section 20 of the Protection of Freedoms Act 2012 (appointment and functions of Commissioner) is amended as follows.
(2) In subsection (2)(a), after sub-paragraph (iva) insert—
(ivb) paragraph 22 of Schedule 6 to the National Security Act 2023,
(ivc) paragraph 11 of Schedule 12 to that Act,
.
(3) In subsection (6), after paragraph (e) insert—
(f) the retention and use in accordance with Part 4 of Schedule 6 to the National Security Act 2023 of—
(i) any material to which paragraph 19 or 25 of that Schedule applies (fingerprints, relevant physical data, DNA profiles and samples), and
(ii) any copies of any material to which paragraph 19 of that Schedule applies (fingerprints, relevant physical data and DNA profiles),
(g) the retention and use in accordance with paragraphs 5 to 15 of Schedule 12 to the National Security Act 2023 of—
(i) any material to which paragraph 6 or 13 of that Schedule applies (fingerprints, relevant physical data, DNA profiles and samples), and
(ii) any copies of any material to which paragraph 6 of that Schedule applies (fingerprints, relevant physical data and DNA profiles).
Modern Slavery Act 2015 (c. 30)
9 In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in section 45 does not apply), after paragraph 36B insert—
National Security Act 2023
36C An offence under any of the following provisions of the National Security Act 2023—
section 1 (obtaining or disclosing protected information);
section 2 (obtaining or disclosing trade secrets);
section 3 (assisting a foreign intelligence service);
section 4 (entering a prohibited place for a purpose prejudicial to the UK);
section 12 (sabotage);
section 13 (foreign interference: general);
section 17 (obtaining material benefits from a foreign intelligence service);
section 18 (preparatory conduct).
Investigatory Powers Act 2016 (c. 25)
10 (1) Schedule 3 to the Investigatory Powers Act 2016 (exceptions to the exclusion of certain matters from legal proceedings) is amended as follows.
(2) After paragraph 8 insert—
Proceedings under Part 2 of the National Security Act 2023
8A (1) Section 56(1) does not apply in relation to—
(a) any proceedings which are relevant proceedings within the meaning of Part 2 of the National Security Act 2023 (see section 62(1) of that Act), or
(b) any proceedings arising out of any proceedings within paragraph (a).
(2) But sub-paragraph (1) does not permit the disclosure of anything to—
(a) any person, other than the Secretary of State, who is or was a party to the proceedings, or
(b) any person who—
(i) represents such a person for the purposes of the proceedings, and
(ii) does so otherwise than by virtue of an appointment as a special advocate under Schedule 10 to the National Security Act 2023.
(3) In paragraph 20(2) (proceedings for certain offences)—
(a) after paragraph (h) insert—
(ha) an offence under section 1 or 3 of the National Security Act 2023 relating to any information, document or other article which, or an offence under section 12 of that Act relating to any asset which—
(i) incorporates, or relates to, the content of any intercepted communication or any secondary data obtained from a communication, or
(ii) tends to suggest that any interception-related conduct has or may have occurred or may be going to occur;
(hb) an offence under section 18 of the National Security Act 2023 in relation to an offence falling within paragraph (ha);
;
(b) in paragraph (i), for “(h)” substitute “(ha)”.
Counter-Terrorism and Border Security Act 2019 (c. 3)
11 In paragraph 62 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019 (review of Schedule 3 by Investigatory Powers Commissioner) omit—
(a) sub-paragraphs (1) to (5);
(b) sub-paragraphs (7) and (8).