2023 No. 1267
The National Security Act 2023 (Consequential Amendments of Subordinate Legislation) Regulations 2023
Made
Laid before Parliament
Coming into force
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 95(1) and 96(1)(a) of the National Security Act 20231.
Citation, commencement and extent1
1
These Regulations may be cited as the National Security Act 2023 (Consequential Amendments of Subordinate Legislation) Regulations 2023.
2
These Regulations come into force on 20th December 2023.
3
Subject to paragraph (4), these Regulations extend to England and Wales, Scotland and Northern Ireland.
4
An amendment made by the Schedule has the same extent within the United Kingdom as the provision amended.
Amendments of subordinate legislation2
The Schedule contains amendments of subordinate legislation.
SCHEDULE
PART 1Subordinate legislation relating to pensions and other similar schemes
Police Pensions Regulations 19871
In regulation K5(3)(b) of the Police Pensions Regulations 19872, after “1939” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”
.
Royal Ulster Constabulary Pensions Regulations (Northern Ireland) 19882
In regulation K5(3)(b) of the Royal Ulster Constabulary Pensions Regulations 19883, after “1939” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”
.
Firemen’s Pension Scheme Order 19923
In Part K of Schedule 2 to the Firemen’s Pension Scheme Order 19924, in rule K5(3)(b), after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”
.
Health and Personal Social Services (Superannuation) Regulations (Northern Ireland) 19954
In regulation 93(1)(c) of the Health and Personal Social Services (Superannuation) Regulations (Northern Ireland) 19955, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”
.
National Health Service (Injury Benefits) Regulations 19955
In regulation 14(c) of the National Health Service (Injury Benefits) Regulations 19956, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”
.
National Health Service Pension Scheme Regulations 19956
In regulation T6(1)(c) of the National Health Service Pension Scheme Regulations 19957, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”
.
National Health Service (Scotland) (Injury Benefits) Regulations 19987
In regulation 14(c) of the National Health Service (Scotland) (Injury Benefits) Regulations 19988, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”
.
Teachers’ Superannuation Regulations (Northern Ireland) 19988
In each of regulations E18(1)(b) and I5(1)(b) of the Teachers’ Superannuation Regulations (Northern Ireland) 19989, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”
.
Health and Personal Social Services (Injury Benefits) Regulations (Northern Ireland) 20019
In regulation 15(c) of the Health and Personal Social Services (Injury Benefits) Regulations (Northern Ireland) 200110, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”
.
Armed Forces Pension Scheme Order 200510
1
Schedule 1 to the Armed Forces Pension Scheme Order 200511 is amended as follows.
2
In Part J, in rule J.6(1)(a), after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”
.
3
In each of the following provisions, for “Official Secrets Acts” substitute “other national security”
—
a
Part D, rule D.17(9)(a);
b
Part E, rule E.28(3);
c
Part J, rule J.5(3).
Teachers’ Superannuation (Scotland) Regulations 200511
In regulation E22(1)(b) of the Teachers’ Superannuation (Scotland) Regulations 200512, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”
.
Firefighters’ Compensation Scheme (England) Order 200612
In Part 9 of Schedule 1 to the Firefighters’ Compensation Scheme (England) Order 200613, in rule 4(3)(b), after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”
.
Firefighters’ Compensation Scheme (Scotland) Order 200613
In Part 9 of Schedule 1 to the Firefighters’ Compensation Scheme (Scotland) Order 200614, in rule 4(3)(b), after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”
.
Firefighters’ Pension Scheme (England) Order 200614
1
Schedule 1 to the Firefighters’ Pension Scheme (England) Order 200615 is amended as follows.
2
In Part 9, in rule 5(3)(b), after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”
.
3
In Part 15, in each of rules 1(8)(a) and 2(3)(a), for “offences under the Official Secrets Acts 1911 to 1989” substitute “other national security offences”
.
Police (Injury Benefit) Regulations 200615
In regulation 40(3)(b) of the Police (Injury Benefit) Regulations 200616, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”
.
Police Pensions Regulations 200616
In regulation 55(3)(b) of the Police Pensions Regulations 200617, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”
.
Police Service of Northern Ireland and Police Service of Northern Ireland Reserve (Injury Benefit) Regulations 200617
In regulation 38(3)(b) of the Police Service of Northern Ireland and Police Service of Northern Ireland Reserve (Injury Benefit) Regulations 200618, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”
.
Firefighters’ Compensation Scheme Order (Northern Ireland) 200718
In Part 9 of the Annex to the Firefighters’ Compensation Scheme Order (Northern Ireland) 200719, in rule 4(3)(b), after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”
.
Firefighters’ Compensation Scheme (Wales) Order 200719
In Part 9 of Schedule 1 to the Firefighters’ Compensation Scheme (Wales) Order 200720, in rule 4(3)(b), after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”
.
Firefighters’ Pension Scheme Order (Northern Ireland) 200720
In Part L of the Annex to the Firefighters’ Pension Scheme Order (Northern Ireland) 200721, in article 84(3)(b), after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”
.
Firefighters’ Pension Scheme (Scotland) Order 200721
1
Schedule 1 to the Firefighters’ Pension Scheme (Scotland) Order 200722 is amended as follows.
2
In Part 9, in rule 5(3)(b), after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”
.
3
In Part 14, in each of rules 1(8)(a) and 2(3)(a), for “offences under the Official Secrets Acts 1911 to 1989” substitute “other national security offences”
.
Firefighters’ Pension Scheme (Wales) Order 200722
1
Schedule 1 to the Firefighters’ Pension Scheme (Wales) Order 200723 is amended as follows.
2
In Part 9, in rule 5(3)(b), after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”
.
3
In Part 15, in each of rules 1(8)(a) and 2(3)(a), for “offences under the Official Secrets Acts 1911 to 1989” substitute “other national security offences”
.
New Firefighters’ Pension Scheme Order (Northern Ireland) 200723
1
The Annex to the New Firefighters’ Pension Scheme Order (Northern Ireland) 200724 is amended as follows.
2
In Part 9, article 54(3)(b), after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”
.
3
In Part 15, in each of articles 100(8)(a) and 101(3)(a), for “offences under the Official Secrets Acts 1911 to 1989” substitute “other national security offences”
.
Police (Injury Benefit) (Scotland) Regulations 200724
In regulation 40(3)(b) of the Police (Injury Benefit) (Scotland) Regulations 200725, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”
.
Police Pensions (Scotland) Regulations 200725
In regulation 55(3)(b) of the Police Pensions (Scotland) Regulations 200726, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”
.
Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 200826
In each of regulations 130(2)(b) and 254(2)(b) of the Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 200827, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”
.
National Health Service Pension Scheme Regulations 200827
1
The National Health Service Pension Scheme Regulations 200828 are amended as follows.
2
In each of regulations 2.J.7 and 3.J.7, in paragraph (2)(b), after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”
.
3
In each of regulations 2.D.22 and 3.D.18, in paragraph (9)(a)(ii), omit “(Official Secrets Acts offences)”.
4
In each of regulations 2.E.26 and 3.E.26, in paragraph (3)(b)29, omit “under the Official Secrets Acts 1911 to 1989”.
Police Pension (Northern Ireland) Regulations 200928
In regulation 52(3)(b) of the Police Pension (Northern Ireland) Regulations 200930, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”
.
Teachers’ Pensions Regulations 201029
In regulation 121(1)(b) of the Teachers’ Pensions Regulations 201031, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”
.
National Health Service Superannuation Scheme (Scotland) Regulations 201130
In regulation T7(1)(c) of the National Health Service Superannuation Scheme (Scotland) Regulations 201132, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”
.
Local Government Pension Scheme Regulations 201331
In regulation 95(2)(b) of the Local Government Pension Scheme Regulations 201333, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”
.
National Health Service Superannuation Scheme (2008 Section) (Scotland) Regulations 201332
1
The National Health Service Superannuation Scheme (2008 Section) (Scotland) Regulations 201334 are amended as follows.
2
In each of regulations 2.J.8 and 3.J.8, in paragraph (2)(b), after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”
.
3
In each of regulations 2.E.27 and 3.E.27, in paragraph (3)(b)35, omit “under the Official Secrets Acts 1911 to 1989”.
Armed Forces Pension Regulations 201433
1
The Armed Forces Pension Regulations 201436 are amended as follows.
2
In regulation 122(1)(a), after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”
.
3
In regulation 121(3), for “Official Secrets Acts” substitute “other national security”
.
Firefighters’ Pension Scheme (England) Regulations 201434
1
The Firefighters’ Pension Scheme (England) Regulations 201437 are amended as follows.
2
In regulation 171(5), in paragraph (b) of the definition of “relevant offence”, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”
.
3
In each of regulations 83(5)(a)(ii) and 166(9)(a)(ii), omit “(Official Secrets Acts offences)”.
Local Government Pension Scheme Regulations (Northern Ireland) 201435
In regulation 106(2)(b) of the Local Government Pension Scheme Regulations (Northern Ireland) 201438, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”
.
Public Service (Civil Servants and Others) Pensions Regulations 201436
1
The Public Service (Civil Servants and Others) Pensions Regulations 201439 are amended as follows.
2
In regulation 165(4), in paragraph (a) of the definition of “relevant offence”, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”
.
3
In each of regulations 120(5)(b) and 164(9)(a)(ii), after “1989” insert “or an applicable offence under the National Security Act 2023”
.
Public Service (Civil Servants and Others) Pensions Regulations (Northern Ireland) 201437
1
The Public Service (Civil Servants and Others) Pensions Regulations (Northern Ireland) 201440 are amended as follows.
2
In regulation 165(4), in paragraph (a)41 of the definition of “relevant offence”, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”
.
3
In each of regulations 120(5)(b) and 164(9)(a)(ii), after “1989” insert “or an applicable offence under the National Security Act 2023”
.
Teachers’ Pension Scheme Regulations 201438
In regulation 181(3)(b) of the Teachers’ Pension Scheme Regulations 201442, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”
.
Teachers’ Pension Scheme Regulations (Northern Ireland) 201439
In regulation 181(3)(b) of the Teachers’ Pension Scheme Regulations (Northern Ireland) 201443, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”
.
Teachers’ Pension Scheme (Scotland) (No. 2) Regulations 201440
In regulation 175(1)(b) of the Teachers’ Pension Scheme (Scotland) (No. 2) Regulations 201444, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”
.
Firefighters’ Pension Scheme Regulations (Northern Ireland) 201541
1
The Firefighters’ Pension Scheme Regulations (Northern Ireland) 201545 are amended as follows.
2
In regulation 173(5), in paragraph (b) of the definition of “relevant offence”, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”
.
3
In each of regulations 91(5)(a)(ii) and 168(9)(a)(ii), omit “(Official Secrets Acts offences)”.
Firefighters’ Pension Scheme (Scotland) Regulations 201542
1
The Firefighters’ Pension Scheme (Scotland) Regulations 201546 are amended as follows.
2
In regulation 161(5), in paragraph (b) of the definition of “relevant offence”, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”
.
3
In each of regulations 83(5)(a)(ii) and 156(9)(a)(ii), omit “(Official Secrets Acts offences)”.
Firefighters’ Pension Scheme (Wales) Regulations 201543
1
The Firefighters’ Pension Scheme (Wales) Regulations 201547 are amended as follows.
2
In regulation 181(5), in paragraph (b) of the definition of “relevant offence”, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”
.
3
In each of regulations 92(5)(a)(ii) and 176(9)(a)(ii), omit “(Official Secrets Acts offences)”.
Health and Social Care Pension Scheme Regulations (Northern Ireland) 201544
1
The Health and Social Care Pension Scheme Regulations (Northern Ireland) 201548 are amended as follows.
2
In Part 4 of Schedule 3, in paragraph 12(2)(b), after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”
.
3
In regulation 109(10)(a)(ii), omit “(Official Secrets Acts offences)”.
Judicial Pensions Regulations 201545
1
The Judicial Pensions Regulations 201549 are amended as follows.
2
In regulation 151(4), in paragraph (a) of the definition of “relevant offence”, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”
.
3
In each of regulations 110(3)(b) and 150(9)(a)(ii), after “1989” insert “or an applicable offence under the National Security Act 2023”
.
Judicial Pensions Regulations (Northern Ireland) 201546
1
The Judicial Pensions Regulations (Northern Ireland) 201550 are amended as follows.
2
In regulation 151(4), in paragraph (a) of the definition of “relevant offence”, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”
.
3
In each of regulations 110(3)(b) and 150(9)(a)(ii), after “1989” insert “or an applicable offence under the National Security Act 2023”
.
National Health Service Pension Scheme Regulations 201547
1
The National Health Service Pension Scheme Regulations 201551 are amended as follows.
2
In Part 4 of Schedule 3, in paragraph 12(2)(b), after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”
.
3
In regulation 110(10)(a)(ii), omit “(Official Secrets Acts offences)”.
National Health Service Pension Scheme (Scotland) Regulations 201548
1
The National Health Service Pension Scheme (Scotland) Regulations 201552 are amended as follows.
2
In Part 4 of Schedule 3, in paragraph 12(2)(b), after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”
.
3
In regulation 109(10)(a)(ii), omit “(Official Secrets Acts offences)”.
Occupational Pension Schemes (Schemes that were Contracted-out) (No. 2) Regulations 201549
In regulation 26(2)(a)(ii) of the Occupational Pension Schemes (Schemes that were Contracted-out) (No. 2) Regulations 201553, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”
.
Police Pensions Regulations 201550
1
The Police Pensions Regulations 201554 are amended as follows.
2
In regulation 211(5), in paragraph (a) of the definition of “relevant offence”, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”
.
3
In each of regulations 151(7)(b) and regulation 204(1)(a)(ii), after “1989” insert “or an applicable offence under the National Security Act 2023”
.
Police Pensions Regulations (Northern Ireland) 201551
1
The Police Pensions Regulations (Northern Ireland) 201555 are amended as follows.
2
In regulation 209(4), in the definition of “relevant offence” provided by paragraph (c), after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”
.
3
In each of regulations 150(7)(b) and regulation 203(1)(a)(ii), after “1989” insert “or an applicable offence under the National Security Act 2023”
.
Police Pension Scheme (Scotland) Regulations 201552
1
The Police Pension Scheme (Scotland) Regulations 201556 are amended as follows.
2
In regulation 201(4), in paragraph (a) of the definition of “relevant offence”, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”
.
3
In each of regulations 141(7)(b) and regulation 194(1)(a)(ii), after “1989” insert “or an applicable offence under the National Security Act 2023”
.
Occupational Pension Schemes (Schemes that were Contracted-out) Regulations (Northern Ireland) 201653
In regulation 17(2)(a)(ii) of the Occupational Pension Schemes (Schemes that were Contracted-out) Regulations (Northern Ireland) 201657, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”
.
Local Government Pension Scheme (Scotland) Regulations 201854
In regulation 89(2)(b) of the Local Government Pension Scheme (Scotland) Regulations 201858, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”
.
Judicial Pensions Regulations 202255
In regulation 123(2) of the Judicial Pensions Regulations 202259, in paragraph (a) of the definition of “relevant offence”, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”
.
Part 2Other subordinate legislation
Hovercraft (Application of Enactments) Order 197256
REACH Enforcement Regulations 200857
In Part 1 of Schedule 6 to the REACH Enforcement Regulations 200862, in paragraph 4, for the words from “where they have been declared” to the end, substitute “that are prohibited places within the meaning of Part 1 of the National Security Act 2023.”
Civil Legal Services (Financial) Regulations (Northern Ireland) 201558
1
Regulation 4 of the Civil Legal Services (Financial) Regulations (Northern Ireland) 201563 is amended as follows.
2
In paragraph (1)—
a
after sub-paragraph (j), insert—
ja
civil legal services to the extent that the services consist of—
i
advice and assistance or representation for an individual who is the subject of an application for permission under section 42 of the National Security Act 2023, in respect of such an application;
ii
advice and assistance in connection with a notice under section 39(1) of that Act (a “Part 2 notice”) for an individual who is subject to that notice;
iii
advice and assistance for an individual who is subject to a Part 2 notice, in respect of an application—
aa
to vary measures specified in that notice under section 48(4) of that Act;
bb
for revocation of that notice in accordance with section 49(3) of that Act;
cc
for permission under Part 2 of Schedule 7 to that Act; or
iv
representation in respect of relevant proceedings for an individual who is subject to a Part 2 notice;
b
after sub-paragraph (o)64, insert—
p
representation of a client who is the subject of proceedings under paragraph 37 or 44 of Schedule 6 to the National Security Act 2023.
3
In paragraph (3), after the entry for “the Maintenance Orders (Reciprocal Enforcement) Act 1972”, insert—
“relevant proceedings” are the proceedings listed at paragraphs (b) to (g) of the definition of “relevant proceedings” given in section 62(1) of the National Security Act 2023;
Greenhouse Gas Emissions Trading Scheme Order 202059
In each of Articles 39(5)(a) and 40(3)(a) of the Greenhouse Gas Emissions Trading Scheme Order 202065, for “for the purposes of the Official Secrets Act 1911” substitute “within the meaning of Part 1 of the National Security Act 2023”
.
Air Navigation (Carbon Offsetting and Reduction Scheme for International Aviation) Order 202160
In each of Articles 46(5)(a) and 47(3)(a) of the Air Navigation (Carbon Offsetting and Reduction Scheme for International Aviation) Order 202166, for “for the purposes of the Official Secrets Act 1911” substitute “within the meaning of Part 1 of the National Security Act 2023”
.
(This note is not part of the Regulations)