Draft Regulations laid before Parliament under section 96(5) and (6)(e) of the National Security Act 2023, for approval by resolution of each House of Parliament.
2023 No.
The National Security Act 2023 (Consequential Amendments of Primary Legislation) Regulations 2023
Made
Coming into force
The Secretary of State makes these Regulations in exercise of the powers conferred by section 95 of the National Security Act 20231.
In accordance with section 96(5) and (6)(e) of that Act, a a draft of these Regulations was laid before Parliament and approved by resolution of each House of Parliament.
Citation, commencement and extent 1
1
These Regulations may be cited as the National Security Act 2023 (Consequential Amendments of Primary 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 primary legislation 2
The Schedule contains amendments of primary legislation.
ScheduleAmendments of primary legislation
Children and Young Persons Act 1933 1
In section 49(6) of the Children and Young Persons Act 19332—
a
omit the “or” at the end of paragraph (ba)3;
b
after paragraph (ba), insert—
bb
an offence under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023, or
Atomic Energy Authority Act 1954 2
In section 6(3) of the Atomic Energy Authority Act 19544—
a
for the words before paragraph (a), substitute “Where any place belonging to or used for the purposes of the Authority is a prohibited place within the meaning of Part 1 of the National Security Act 2023, no person other than—”
;
b
in the words after paragraph (c), for the words from “any place” to “aforesaid” substitute “that place”
.
Parliamentary Commissioner Act 1967 3
Local Government Act 1974 4
1
The Local Government Act 19747 is amended as follows.
2
In section 32(2)(b), after “1939” insert “or sections 1 to 4 or 18 of the National Security Act 2023”
.
3
In section 34K(1)(d)8, after “1989” insert “or sections 1 to 4 or 18 of the National Security Act 2023”
.
Senior Courts Act 1981 5
Civil Aviation Act 1982 6
In section 18 of the Civil Aviation Act 198211—
a
omit subsection (2);
b
in subsection (3), for the words from “by virtue of subsection (2)” to the end, substitute “—
a
belongs to or is used for the purposes of the CAA, and
b
is a prohibited place within the meaning of Part 1 of the National Security Act 2023.
Police and Criminal Evidence Act 1984 7
1
The Police and Criminal Evidence Act 198412 is amended as follows.
2
In section 30(12)—
a
omit the “or” at the end of paragraph (b);
b
after paragraph (c)13, insert “; or
d
section 27 of and Schedule 6 to the National Security Act 2023.
3
In section 51, after paragraph (ba)14, insert—
bb
the powers conferred by virtue of section 27 of and Schedule 6 to the National Security Act 2023;
4
In section 62, after subsection (13)15, insert—
14
Nothing in this section applies to a person arrested or detained under section 27 of the National Security Act 2023; and subsection (1A) does not apply where the non-intimate samples mentioned in that subsection were taken under paragraph 10 of Schedule 6 to that Act.
5
In section 63, after subsection (10)16, insert—
10A
Nothing in this section applies to a person arrested or detained under section 27 of the National Security Act 2023.
6
In section 63PA(4)17—
a
omit the “or” at the end of paragraph (b);
b
after paragraph (c), insert—
d
paragraph 10 of Schedule 6 to the National Security Act 2023, or
e
paragraph 1 of Schedule 12 to that Act.
7
In section 118(2)(a)18, after “2000” insert “or section 27 of the National Security Act 2023”
.
Criminal Justice Act 1988 8
Police and Criminal Evidence (Northern Ireland) Order 1989 9
1
The Police and Criminal Evidence (Northern Ireland) Order 198921 is amended as follows.
2
In Article 2(3)(a)22, after “2000” insert “or section 27 of the National Security Act 2023”
.
3
In Article 32(15)—
a
omit the “or” at the end of sub-paragraph (a);
b
after sub-paragraph (b)23, insert “; or
c
section 27 of and Schedule 6 to the National Security Act 2023.
4
In Article 51, after sub-paragraph (ba)24, insert—
bb
the powers conferred by virtue of section 27 of and Schedule 6 to the National Security Act 2023;
5
In Article 63D25—
a
in paragraph (1)(a)(i)26, after “terrorism-related qualifying offence” insert “or a national security-related qualifying offence”
;
b
in paragraph (14), after the definition of “excluded offence” insert—
“national security-related qualifying offence” means—
- a
an offence under section 18 of the National Security Act 2023 or listed in section 33(3)(a) of that Act, or
- b
an ancillary offence, as defined by Article 53A(4), relating to an offence listed in section 33(3)(a) of that Act;
6
In Article 63DA27—
a
in the heading after “offence” insert “or national security-related qualifying offence”
;
b
in paragraph (1)(a), after “terrorism-related qualifying offence” insert “or a national security-related qualifying offence”
;
c
in paragraph (4), after the definition of “excluded offence” insert—
“national security-related qualifying offence” means—
- a
an offence under section 18 of the National Security Act 2023 or listed in section 33(3)(a) of that Act, or
- b
an ancillary offence, as defined by Article 53A(4), relating to an offence listed in section 33(3)(a) of that Act;
Radioactive Substances Act 1993 10
In section 31(3) of the Radioactive Substances Act 199328, for the words from “have been declared” to the end substitute “are prohibited places within the meaning of Part 1 of the National Security Act 2023).”
.
Health Service Commissioners Act 1993 11
In section 15(1)(b)(i) of the Health Service Commissioners Act 199329, after “1989” insert “or sections 1 to 4 or 18 of the National Security Act 2023”
.
Statute Law (Repeals) Act 1993 12
In Schedule 2 to the Statute Law (Repeals) Act 199330, omit paragraph 21.
Pensions Act 1995 13
In section 92(4)(b) of the Pensions Act 199531—
a
omit the “or” at the end of sub-paragraph (ii);
b
after sub-paragraph (ii), insert—
iia
offences under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023 for which the person has been sentenced on the same occasion to a term of imprisonment of, or to two or more consecutive terms amounting in the aggregate to, at least 10 years, or
Criminal Procedure (Scotland) Act 1995 14
Environment Act 1995 15
In section 108(8) of the Environment Act 199534, for the words from “have been declared” to the end substitute “are prohibited places within the meaning of Part 1 of the National Security Act 2023).”
.
Letchworth Garden City Heritage Foundation Act 1995 16
In Schedule 2 to the Letchworth Garden City Heritage Foundation Act 199535, in paragraph 13(2)(b), after “1989” insert “or sections 1 to 4 or 18 of the National Security Act 2023”
.
Pensions (Northern Ireland) Order 1995 17
In Article 90(4)(b) of the Pensions (Northern Ireland) Order 199536—
a
omit the “or” at the end of paragraph (ii);
b
after paragraph (ii), insert—
iia
offences under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023 for which the person has been sentenced on the same occasion to a term of imprisonment of, or to two or more consecutive terms amounting in the aggregate to, at least 10 years, or
Police Act 1997 18
In the Police Act 199737, in the Schedule 8A inserted by the Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 Remedial (No. 2) Order 2015 (S.S.I. 2015/423)38, after paragraph 36, insert—
36ANational security
An offence under sections 1 to 4, 12, 13, 17 or 18 of the National Security Act 2023.
Terrorism Act 2000 19
1
Schedule 8 to the Terrorism Act 200039 is amended as follows.
2
In paragraph 20A(6)40, after paragraph (ea)41, insert—
eb
any of the fingerprints, data or samples obtained under or by virtue of paragraph 10, 12 or 18 of Schedule 6 to the National Security Act 2023, or information derived from such samples,
ec
any of the fingerprints, data or samples obtained under paragraph 1 or 4 of Schedule 12 to that Act, or information derived from such samples,
3
In paragraph 20EA(3)(b)42—
a
omit the “or” at the end of sub-paragraph (iv);
b
omit the “or” at the end of sub-paragraph (v);
c
after sub-paragraph (v), insert—
vi
paragraph 10 of Schedule 6 to the National Security Act 2023, or
vii
paragraph 1 or 4 of Schedule 12 to that Act, or
Anti-Terrorism, Crime and Security Act 2001 20
Criminal Justice and Police Act 2001 21
1
The Criminal Justice and Police Act 200145 is amended as follows.
2
In section 55, after subsection (6), insert—
7
In relation to the powers of seizure mentioned in subsection (8), this section (and section 59(3)(c)) have effect as if—
a
references to excluded material or special procedure material were to confidential material within the meaning of Part 1 of Schedule 2 to the National Security Act 2023, but not including items subject to legal privilege, and
b
subsection (6) of this section did not apply.
8
The powers of seizure referred to in subsection (7) are the powers conferred by—
a
paragraph 2 of Schedule 2 to the National Security Act 2023, and
b
paragraph 12 of that Schedule, so far as conferred by reference to paragraph 2 of that Schedule.
3
In section 59(7)(b)—
a
omit the “or” at the end of sub-paragraph (iii);
b
after sub-paragraph (iv), insert “or
v
paragraph 3 of Schedule 2 to the National Security Act 2023,
4
In section 60—
a
in subsection (6)—
i
omit the “and” at the end of paragraph (d);
ii
after paragraph (e), insert—
f
the powers of seizure conferred by the provisions of paragraph 9 of Schedule 2 to the National Security Act 2023; and
g
the powers of seizure conferred by the provisions of paragraph 12 of that Schedule so far as conferred by reference to paragraph 9 of that Schedule.
b
after subsection (6), insert—
6A
In relation to the powers of seizure mentioned in subsection (6B)—
a
subsection (3)(b)(ii) applies as if the reference to special procedure material or excluded material were to confidential material within the meaning of Part 1 of Schedule 2 to the National Security Act 2023, but not including items subject to legal privilege, and
b
subsection (5) of this section does not apply.
6B
The powers of seizure referred to in subsection (6A) are the powers conferred by—
a
paragraph 2 of Schedule 2 to the National Security Act 2023, and
b
paragraph 12 of that Schedule, so far as conferred by reference to paragraph 2 of that Schedule.
5
Omit section 66(3).
6
In Schedule 1—
a
omit paragraph 3 and the italic heading before it;
b
after paragraph 73U46, insert—
73VNational Security Act 2023 (c. 32)
Each of the powers of seizure conferred by paragrahs 2, 9 and 12 of Schedule 2 to the National Security Act 2023.
c
after paragraph 83A47, insert—
83BNational Security Act 2023 (c. 32)
Each of the powers of seizure conferred by paragrahs 2, 9 and 12 of Schedule 2 to the National Security Act 2023.
d
omit paragraph 86 and the italic heading before it;
e
after paragraph 11348, insert—
114National Security Act 2023 (c. 32)
1
The power of seizure conferred by paragraph 2 of Schedule 2 to the National Security Act 2023.
2
The power of seizure conferred by paragraph 12 of that Schedule, so far as conferred by reference to paragraph 2 of that Schedule.
Justice (Northern Ireland) Act 2002 22
In Schedule 7 to the Justice (Northern Ireland) Act 200249, omit paragraph 24.
Police Reform Act 2002 23
In paragraph 6 of Schedule 3B to the Police Reform Act 200250, for “the Official Secrets Acts 1911 to 1989” substitute “the National Security Act 2023”
.
Communications Act 2003 24
In Schedule 17 to the Communications Act 200351, omit paragraph 2 and the italic heading before it.
Armed Forces Act 2006 25
Serious Crime Act 2007 26
In Schedule 3 to the Serious Crime Act 200754—
a
omit paragraph 7;
b
at the end of Part 1, insert—
24CNational Security Act 2023 (c. 32)
An offence under section 18 of the National Security Act 2023.
Energy Act 2008 27
In the Energy Act 200855, omit section 101.
Counter-Terrorism Act 2008 28
Terrorism Prevention and Investigation Measures Act 2011 29
1
Schedule 6 to the Terrorism Prevention and Investigation Measures Act 201158 is amended as follows.
2
In paragraph 5, after paragraph (db)59, insert—
dc
any fingerprints or samples taken under paragraph 10 or 12 of Schedule 6 to the National Security Act 2023 or any information derived from such a sample,
dd
any relevant physical data taken or provided by virtue of paragraph 18 of that Schedule, any samples taken by virtue of that paragraph or any information derived from such a sample,
de
any fingerprints, data or samples obtained under paragraph 1 or 4 of Schedule 12 to that Act, or information derived from such samples,
3
In paragraph 11A(3)(b)60—
a
omit the “or” at the end of sub-paragraph (iv);
b
omit the “or” at the end of sub-paragraph (v);
c
after sub-paragraph (v), insert—
vi
paragraph 10 of Schedule 6 to the National Security Act 2023, or
vii
paragraph 1 or 4 of Schedule 12 to that Act, or
Public Services Ombudsman Act (Northern Ireland) 2016 30
In section 49(2)(f) of the Public Services Ombudsman Act (Northern Ireland) 201661, after “1989” insert “or sections 1 to 4 or 18 of the National Security Act 2023”
.
Counter-Terrorism and Border Security Act 2019 31
1
Schedule 3 to the Counter-Terrorism and Border Security Act 201962 is amended as follows.
2
In paragraph 43(6), after paragraph (f), insert—
fa
fingerprints or samples taken under paragraph 10 or 12 of Schedule 6 to the National Security Act 2023 or a DNA profile derived from a sample taken under one of those paragraphs,
fb
any of the fingerprints, data or samples obtained under paragraph 1 or 4 of Schedule 12 to that Act, or information derived from such samples,
3
In paragraph 47(3)(b)—
a
omit the “or” at the end of sub-paragraph (iv);
b
omit the “or” at the end of sub-paragraph (v);
c
after sub-paragraph (v), insert—
vi
paragraph 10 of Schedule 6 to the National Security Act 2023, or
vii
paragraph 1 or 4 of Schedule 12 to that Act, or
Public Services Ombudsman (Wales) Act 2019 32
In section 69(2)(g) of the Public Services Ombudsman (Wales) Act 201963, after “1989 (c. 6)” insert “, or under sections 1 to 4 or 18 of the National Security Act 2023 (c. 32)”
.
Disclosure (Scotland) Act 2020 33
In Schedule 2 to the Disclosure (Scotland) Act 202064, after paragraph 70, insert—
70ANational security
An offence under sections 1 to 4, 12, 13, 17 or 18 of the National Security Act 2023.
Nationality and Borders Act 2022 34
In section 63(3) of the Nationality and Borders Act 202265, after paragraph (d), insert—
da
the person is subject to a notice under Part 2 of the National Security Act 2023;
db
there are reasonable grounds to suspect that the person is or has been involved in foreign power threat activity within the meaning given by section 33 of that Act (whether or not the foreign power threat activity is attributable to the person being, or having been, a victim of slavery or human trafficking);
(This note is not part of the Regulations)