The National Security Act 2023 (Consequential Amendments of Subordinate Legislation) Regulations 2023

Part 2 Other subordinate legislation

Hovercraft (Application of Enactments) Order 1972

56.  In Part A of Schedule 1 to the Hovercraft (Application of Enactments) Order 1972(1), omit the entry relating to the Official Secrets Acts 1911 and 1920(2).

REACH Enforcement Regulations 2008

57.  In Part 1 of Schedule 6 to the REACH Enforcement Regulations 2008(3), 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) 2015

58.—(1) Regulation 4 of the Civil Legal Services (Financial) Regulations (Northern Ireland) 2015(4) 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)(5), 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 2020

59.  In each of Articles 39(5)(a) and 40(3)(a) of the Greenhouse Gas Emissions Trading Scheme Order 2020(6), 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 2021

60.  In each of Articles 46(5)(a) and 47(3)(a) of the Air Navigation (Carbon Offsetting and Reduction Scheme for International Aviation) Order 2021(7), for “for the purposes of the Official Secrets Act 1911” substitute “within the meaning of Part 1 of the National Security Act 2023”.

(1)

S.I. 1972/971.

(2)

1911 c. 28 and 1920 c. 75.

(3)

S.I. 2008/2852.

(4)

S.R. 2015 No. 196.

(5)

Paragraph (o) was inserted by section 56(15)(a) of the Illegal Migration Act 2023 (c. 37) (section 56 and the amendment it makes will take effect from a date to be appointed).

(6)

S.I. 2020/1265.

(7)

S.I. 2021/534.