The National Security Act 2023 (Prevention and Investigation Measures) (Polygraph) Regulations 2023

Polygraph session requirements

5.—(1) A polygraph operator may not commence a polygraph examination without written confirmation that a police officer has informed the relevant individual —

(a) of the requirements of and arrangements for the polygraph session, and

(b) that anything disclosed during the session may be shared with the Secretary of State, law enforcement agencies and the intelligence services.

(2) The polygraph operator must attach the confirmation provided pursuant to paragraph (1) to the report of the polygraph session.

(3) The polygraph operator must electronically record the polygraph session using audio-visual recording equipment.

(4) The polygraph operator must ensure each polygraph session incudes a pre-test interview, one or more polygraph examinations and a post-test interview.

(5) The polygraph operator must ensure each polygraph examination includes two or more comparison questions and at least two, but not more than four, relevant questions.

(6) The polygraph operator must consult the Secretary of State in formulating the questions.

(7) For the purposes of this regulation—

“intelligence services” means the Security Service, the Secret Intelligence Service and the Government Communications Headquarters;

“pre-test interview” means an interview conducted by the polygraph operator with the relevant individual during a polygraph session, prior to the start of a polygraph examination;

“post-test interview” means an interview conducted by the polygraph operator with the relevant individual during a polygraph session, following the completion of a polygraph examination;

“comparison question” means a question asked for the purpose of establishing a baseline response, to which the relevant individual’s responses to the relevant questions will be compared;

“relevant question” means a question asked for the purpose of monitoring compliance with the relevant individual’s other measures imposed under section 39 of the 2023 Act, or assessing whether variation of those other measures is necessary for purposes connected with preventing or restricting the individual’s involvement in foreign power threat activity, or both.