National Security Act 2023

84 National security proceedings

(1) Sections 85 and 86 apply to proceedings (“national security proceedings”) before a court which—

(a) are commenced on or after the date this section comes into force,

(b) are brought against the Crown on any grounds (unless they are brought under section 7(1)(a) of the Human Rights Act 1998), and

(c) relate to national security.

(2) For the purposes of this section—

(a) proceedings relate to national security where a party to those proceedings has, at any stage, presented evidence or made submissions to the court relating to national security;

(b) the circumstances in which evidence or submissions are to be taken to relate to national security include, in particular, where the evidence or submissions relate to—

(i) the use of investigatory powers or surveillance powers under the Regulation of Investigatory Powers Act 2000, or the use of similar powers overseas in the interests of national security;

(ii) the activities of the intelligence services in the United Kingdom or overseas, or the activities of similar services overseas;

(iii) investigations or other activities in connection with preventing the commission of terrorism offences or other involvement in terrorism-related activity in the United Kingdom or overseas.