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(1)Section 17(1) shall not apply in relation to—
(a)any proceedings for a relevant offence;
(b)any civil proceedings under section 11(8);
(c)any proceedings before the Tribunal;
(d)any proceedings on an appeal or review for which provision is made by an order under section 67(8);
[F1(dza)any proceedings before an employment tribunal, or (in Northern Ireland) an industrial tribunal, where the applicant or the applicant's representatives are excluded for all or part of the proceedings pursuant to—
(i)a direction to the tribunal by virtue of section 10(5)(b) or (c) of the Employment Tribunals Act 1996 or (as the case may be) Article 12(5)(b) or (c) of the Industrial Tribunals (Northern Ireland) Order 1996 (S.I. 1996/1921 (N.I. 18)) (exclusion from Crown employment proceedings by direction of Minister in interests of national security), or
(ii)a determination of the tribunal by virtue of section 10(6) of that Act or (as the case may be) Article 12(6) of that Order (determination by tribunal in interests of national security),
or any proceedings arising out of such proceedings;
(dzb)any proceedings on an appeal under Article 80(2) of the Fair Employment and Treatment (Northern Ireland) Order 1998 (S.I. 1998/3162 (N.I. 21)) where—
(i)the appeal relates to a claim of discrimination in contravention of Part 3 of that Order (employment cases) and to a certificate of the Secretary of State that the act concerned was justified for the purpose of safeguarding national security, and
(ii)a party to the appeal or the party's representatives are excluded for all or part of the proceedings by virtue of section 91(4)(b) of the Northern Ireland Act 1998,
or any proceedings arising out of such proceedings;]
(da)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F3(db)any financial restrictions proceedings as defined in section 65 of the Counter-Terrorism Act 2008, or any proceedings arising out of such proceedings;]
[F4(dc)any proceedings—
(i)on an appeal under section 26, or an application under section 27, of the Terrorist Asset-Freezing etc. Act 2010 (appeals and reviews by the court), or
(ii)on a claim arising from any matter to which such an appeal or application relates,
or any proceedings arising out of such proceedings;]
[F5(dd)any TPIM proceedings (within the meaning of the Terrorism Prevention and Investigation Measures Act 2011) or any proceedings arising out of such proceedings;]
(e)any proceedings before the Special Immigration Appeals Commission or any proceedings arising out of proceedings before that Commission; F6...
(f)any proceedings before the Proscribed Organisations Appeal Commission or any proceedings arising out of proceedings before that Commission [F7, or]
[F7(g)any section 6 proceedings within the meaning given by section 14(1) of the Justice and Security Act 2013 (certain civil proceedings in which closed material applications may be made)].
(2)Subsection (1) shall not, by virtue of [F8paragraphs [F9(dza)] to [F10(g)]], authorise the disclosure of anything—
[F11(zza)in the case of proceedings falling within paragraph (dza), to—
(i)the person who is or was the applicant in the proceedings before the employment or industrial tribunal, or
(ii)any person who for the purposes of proceedings so falling (but otherwise than by virtue of appointment as a special advocate) represents that person;
(zzb)in the case of proceedings falling within paragraph (dzb), to—
(i)any person who is or was excluded from all or part of the proceedings on appeal under Article 80(2) of the Fair Employment and Treatment (Northern Ireland) Order 1998, or
(ii)any person who for the purposes of proceedings so falling (but otherwise than by virtue of appointment as a special advocate) represents that person;]
[F12(za)F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
[F14(zb)in the case of proceedings falling within paragraph (db) [F15or (dc)], to—
(i)a person, other than the Treasury, who is or was a party to the proceedings, or
(ii)any person who for the purposes of the proceedings (but otherwise than by virtue of appointment as a special advocate) represents a person falling within sub-paragraph (i);]
[F16(zc)in the case of proceedings falling within paragraph (dd), to—
(i)a person, other than the Secretary of State, who is or was a party to the proceedings, or
(ii)any person who for the purposes of the proceedings (but otherwise than by virtue of appointment as a special advocate under Schedule 4 to the Terrorism Prevention and Investigation Measures Act 2011) represents a person falling within sub-paragraph (i);]
(a)in the case of any proceedings falling within paragraph (e), to—
(i)the appellant [F17or (as the case may be) applicant] to the Special Immigration Appeals Commission; or
(ii)any person who for the purposes of any proceedings so falling (but otherwise than by virtue of an appointment under section 6 of the M1Special Immigration Appeals Commission Act 1997) represents that appellant [F18or applicant]; F19...
(b)in the case of proceedings falling within paragraph (f), to—
(i)the applicant to the Proscribed Organisations Appeal Commission;
(ii)the organisation concerned (if different);
(iii)any person designated under paragraph 6 of Schedule 3 to the Terrorism Act 2000 to conduct proceedings so falling on behalf of that organisation; or
(iv)any person who for the purposes of any proceedings so falling (but otherwise than by virtue of an appointment under paragraph 7 of that Schedule) represents that applicant or that organisation.
[F20(c)in the case of proceedings falling within paragraph (g) where the only relevant person is the Secretary of State, to—
(i)a person, other than the Secretary of State, who is or was a party to the proceedings; or
(ii)any person who for the purposes of the proceedings (but otherwise than by virtue of appointment as a special advocate) represents a person falling within sub-paragraph (i); or
(d)in the case of proceedings falling within paragraph (g) where the Secretary of State is not the only relevant person or is not a relevant person but is a party to the proceedings, to—
(i)a person, other than the relevant person concerned or the Secretary of State, who is or was a party to the proceedings; or
(ii)any person who for the purposes of the proceedings (but otherwise than by virtue of appointment as a special advocate) represents a person falling within sub-paragraph (i).]
[F21(2A)In subsection (2)(c) and (d) “relevant person”, in relation to proceedings falling within subsection (1)(g), has the meaning given by section 14(1) of the Justice and Security Act 2013.]
(3)Section 17(1) shall not prohibit anything done in, for the purposes of, or in connection with, so much of any legal proceedings as relates to the fairness or unfairness of a dismissal on the grounds of any conduct constituting an offence under section 1(1) or (2), 11(7) or 19 of this Act, or section 1 of the M2Interception of Communications Act 1985.
(4)Section 17(1)(a) shall not prohibit the disclosure of any of the contents of a communication if the interception of that communication was lawful by virtue of section 1(5)(c), 3 or 4.
(5)Where any disclosure is proposed to be or has been made on the grounds that it is authorised by subsection (4), section 17(1) shall not prohibit the doing of anything in, or for the purposes of, so much of any F22. . . proceedings as relates to the question whether that disclosure is or was so authorised.
(6)Section 17(1)(b) shall not prohibit the doing of anything that discloses any conduct of a person for which he has been convicted of an offence under section 1(1) or (2), 11(7) or 19 of this Act, or section 1 of the M3Interception of Communications Act 1985.
(7)Nothing in section 17(1) shall prohibit any such disclosure of any information that continues to be available for disclosure as is confined to—
(a)a disclosure to a person conducting a criminal prosecution for the purpose only of enabling that person to determine what is required of him by his duty to secure the fairness of the prosecution; F23. . .
(b)a disclosure to a relevant judge in a case in which that judge has ordered the disclosure to be made to him alone [F24; or
[F25(c)a disclosure to the panel of an inquiry held under the Inquiries Act 2005 or to a person appointed as counsel to such an inquiry where, in the course of the inquiry, the panel has ordered the disclosure to be made to the panel alone or (as the case may be) to the panel and the person appointed as counsel to the inquiry; or]]
(8)A relevant judge shall not order a disclosure under subsection (7)(b) except where he is satisfied that the exceptional circumstances of the case make the disclosure essential in the interests of justice.
[F26(8A)The panel of an inquiry shall not order a disclosure under subsection (7)(c) except where it is satisfied that the exceptional circumstances of the case make the disclosure essential to enable the inquiry to fulfil its terms of reference.]
(9)Subject to subsection (10), where in any criminal proceedings—
(a)a relevant judge does order a disclosure under subsection (7)(b), and
(b)in consequence of that disclosure he is of the opinion that there are exceptional circumstances requiring him to do so,
he may direct the person conducting the prosecution to make for the purposes of the proceedings any such admission of fact as that judge thinks essential in the interests of justice.
(10)Nothing in any direction under subsection (9) shall authorise or require anything to be done in contravention of section 17(1).
(11)In this section “a relevant judge” means—
(a)any judge of the High Court or of the Crown Court or any Circuit judge;
(b)any judge of the High Court of Justiciary or any sheriff;
[F27(c)in relation to proceedings before the Court Martial, the judge advocate for those proceedings; or]
(d)any person holding any such judicial office as entitles him to exercise the jurisdiction of a judge falling within paragraph (a) or (b).
(12)In this section “relevant offence” means—
(a)an offence under any provision of this Act;
(b)an offence under section 1 of the M4Interception of Communications Act 1985;
(c)an offence under [F28section 47 or 48 of the Wireless Telegraphy Act 2006];
(d)an offence under F29. . . [F30section 83 or 84 of the Postal Services Act 2000];
F31(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f)an offence under section 4 of the M5Official Secrets Act 1989 relating to any such information, document or article as is mentioned in subsection (3)(a) of that section;
(g)an offence under section 1 or 2 of the M6Official Secrets Act 1911 relating to any sketch, plan, model, article, note, document or information which incorporates or relates to the contents of any intercepted communication or any related communications data or tends to suggest as mentioned in section 17(1)(b) of this Act;
(h)perjury committed in the course of any proceedings mentioned in subsection (1) or (3) of this section;
(i)attempting or conspiring to commit, or aiding, abetting, counselling or procuring the commission of, an offence falling within any of the preceding paragraphs; and
(j)contempt of court committed in the course of, or in relation to, any proceedings mentioned in subsection (1) or (3) of this section.
(13)In subsection (12) “intercepted communication” has the same meaning as in section 17.
Textual Amendments
F1S. 18(1)(dza)(dzb) inserted (25.6.2013) by Justice and Security Act 2013 (c. 18), ss. 16(2), 20(1); S.I. 2013/1482, art. 2 (with arts. 3, 4)
F2S. 18(1)(da) omitted (15.12.2011) by virtue of Terrorism Prevention and Investigation Measures Act 2011 (c. 23), ss. 29(3), 31(2), Sch. 7 para. 4(2)(a) (with Sch. 8)
F3S. 18(1)(db) inserted (27.11.2008) by Counter-Terrorism Act 2008 (c. 28), ss. 69(2), 100(2) (with s. 101(2))
F4S. 18(1)(dc) inserted (17.12.2010) by Terrorist Asset-Freezing etc. Act 2010 (c. 38), ss. 28(2), 55(1) (with s. 44)
F5S. 18(1)(dd) inserted (15.12.2011) by Terrorism Prevention and Investigation Measures Act 2011 (c. 23), ss. 29(3), 31(2), Sch. 7 para. 4(2)(b) (with Sch. 8)
F6Word in s. 18(1)(e) repealed (25.6.2013) by Justice and Security Act 2013 (c. 18), s. 20(1), Sch. 2 para. 11(2)(a) (with Sch. 3 para. 2); S.I. 2013/1482, art. 2 (with arts. 3, 4)
F7S. 18(1)(g) and word inserted (25.6.2013) by Justice and Security Act 2013 (c. 18), s. 20(1), Sch. 2 para. 11(2)(b) (with Sch. 3 para. 2); S.I. 2013/1482, art. 2 (with arts. 3, 4)
F8Words in s. 18(2) substituted (11.3.2005) by Prevention of Terrorism Act 2005 (c. 2), s. 11, Sch. para. 9(3)
F9Word in s. 18(2) substituted (25.6.2013) by Justice and Security Act 2013 (c. 18), ss. 16(3)(a), 20(1); S.I. 2013/1482, art. 2 (with arts. 3, 4)
F10Word in s. 18(2) substituted (25.6.2013) by Justice and Security Act 2013 (c. 18), s. 20(1), Sch. 2 para. 11(3)(a) (with Sch. 3 para. 2); S.I. 2013/1482, art. 2 (with arts. 3, 4)
F11S. 18(2)(zza)(zzb) inserted (25.6.2013) by Justice and Security Act 2013 (c. 18), ss. 16(3)(b), 20(1); S.I. 2013/1482, art. 2 (with arts. 3, 4)
F12S. 18(2)(za) inserted (11.3.2005) by Prevention of Terrorism Act 2005 (c. 2), s. 11, Sch. para. 9(4)
F13S. 18(2)(za) omitted (15.12.2011) by virtue of Terrorism Prevention and Investigation Measures Act 2011(c. 23), ss. 29(3), 31(2), {Sch. 7 para. 4(3)(b)} (with Sch. 8)
F14S. 18(2)(zb) inserted (27.11.2008) by Counter-Terrorism Act 2008 (c. 28), ss. 69(3), 100(2) (with s. 101(2))
F15Words in s. 18(2)(zb) inserted (17.12.2010) by Terrorist Asset-Freezing etc. Act 2010 (c. 38), ss. 28(3), 55(1) (with s. 44)
F16S. 18(2)(zc) inserted (15.12.2011) by Terrorism Prevention and Investigation Measures Act 2011(c. 23), ss. 29(3), 31(2), {Sch. 7 para. 4(3)(c)} (with Sch. 8)
F17Words in s. 18(2)(a)(i) inserted (25.6.2013) by Justice and Security Act 2013 (c. 18), s. 20(1), Sch. 2 para. 11(3)(b)(i); S.I. 2013/1482, art. 2 (with arts. 3, 4)
F18Words in s. 18(2)(a)(ii) inserted (25.6.2013) by Justice and Security Act 2013 (c. 18), s. 20(1), Sch. 2 para. 11(3)(b)(ii); S.I. 2013/1482, art. 2 (with arts. 3, 4)
F19Word in s. 18(2)(a)(ii) repealed (25.6.2013) by Justice and Security Act 2013 (c. 18), s. 20(1), Sch. 2 para. 11(3)(b)(iii) (with Sch. 3 para. 2); S.I. 2013/1482, art. 2 (with arts. 3, 4)
F20S. 18(2)(c)(d) inserted (25.6.2013) by Justice and Security Act 2013 (c. 18), s. 20(1), Sch. 2 para. 11(3)(c) (with Sch. 3 para. 2); S.I. 2013/1482, art. 2 (with arts. 3, 4)
F21S. 18(2A) inserted (25.6.2013) by Justice and Security Act 2013 (c. 18), s. 20(1), Sch. 2 para. 11(4) (with Sch. 3 para. 2); S.I. 2013/1482, art. 2 (with arts. 3, 4)
F22Word in s. 18(5) repealed (7.6.2005) by Inquiries Act 2005 (c. 12), ss. 48, 49, 51, Sch. 2 para. 21(2), Sch. 3 (with ss. 44, 50); S.I. 2005/1432, art. 2
F23Word in s. 18(7) repealed (7.6.2005) by Inquiries Act 2005 (c. 12), ss. 49, 51, Sch. 3 (with ss. 44, 50); S.I. 2005/1432, art. 2
F24S. 18(7)(c) and word inserted (7.6.2005) by Inquiries Act 2005 (c. 12), ss. 48, 51, Sch. 2 para. 21(3) (with ss. 44, 50); S.I. 2005/1432, art. 2
F25S. 18(7)(c) substituted (16.2.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 91, 100, s. 74(1)(2) (with s. 101(2)); S.I. 2009/58, art. 2(b)
F26S. 18(8A) inserted (7.6.2005) by Inquiries Act 2005 (c. 12), ss. 48, 51, Sch. 2 para. 21(4) (with ss. 44, 50); S.I. 2005/1432, art. 2
F27S. 18(11)(c) substituted (28.3.2009 for specified purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 169; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F28Words in s. 18(12)(c) substituted (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), ss. 123, 126, Sch. 7 para. 23
F29Words in s. 18(12)(d) repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11))
F30Words in s. 18(12)(d) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 135(2) (with art. 4(8))
F31S. 18(12)(e) repealed (25.7.2003 for specified purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1; S.I. 2003/3142, art. 3(2) (with art. 11)
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