National Security Act 2023

Interpretation U.K.

17 (1) This paragraph applies for the interpretation of this Part of this Schedule.

(2) “Confidential material” means—

(a) confidential journalistic material, and

(b) protected material.

(3) “Confidential journalistic material” has the same meaning as in the Investigatory Powers Act 2016 (see section 264(6) and (7) of that Act).

(4) “Protected material”—

(a) in relation to England and Wales, means—

(i) items subject to legal privilege,

(ii) material falling within section 11(1)(a) or (b) of the Police and Criminal Evidence Act 1984 (certain personal records, human tissue or tissue fluid held in confidence), or

(iii) material to which section 14(2) of that Act applies (other material acquired in the course of a trade etc that is held in confidence);

(b) in relation to Northern Ireland, means—

(i) items subject to legal privilege;

(ii) material falling with Article 13(1)(a) or (b) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (certain personal records, human tissue or tissue fluid held in confidence), or

(iii) material to which Article 16(2) of that Order applies (other material acquired in the course of a trade etc that is held in confidence).

(5) “Items subject to legal privilege”—

(a) in relation to England and Wales, has the meaning given by section 10 of the Police and Criminal Evidence Act 1984;

(b) in relation to Northern Ireland, has the meaning given by Article 12 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)).

(6) “Judge”—

(a) in relation to England and Wales, means a judge entitled to exercise the jurisdiction of the Crown Court;

(b) in relation to Northern Ireland, means a judge of the Crown Court.

Commencement Information

I1 Sch. 2 para. 17 not in force at Royal Assent, see 100(1)

I2 Sch. 2 para. 17 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(a)