SCHEDULES

SCHEDULE 3Exceptions to section 56

Proceedings for certain offences

I120

1

Section 56(1) does not apply in relation to any proceedings for a relevant offence.

2

“Relevant offence” means—

a

an offence under any provision of this Act;

b

an offence under section 1 of the Interception of Communications Act 1985;

c

an offence under any provision of the Regulation of Investigatory Powers Act 2000;

d

an offence under section 47 or 48 of the Wireless Telegraphy Act 2006;

e

an offence under section 83 or 84 of the Postal Services Act 2000;

f

an offence under section 4 of the Official Secrets Act 1989 relating to any such information, document or article as is mentioned in subsection (3)(a) or (c) of that section;

g

an offence under section 1 or 2 of the Official Secrets Act 1911 relating to any sketch, plan, model, article, note, document or information which—

i

incorporates, or relates to, the content of any intercepted communication or any secondary data obtained from a communication, or

ii

tends to suggest that any interception-related conduct has or may have occurred or may be going to occur;

h

an offence of perjury committed in the course of any relevant proceedings;

F1ha

an offence under section 1 or 3 of the National Security Act 2023 relating to any information, document or other article which, or an offence under section 12 of that Act relating to any asset which—

i

incorporates, or relates to, the content of any intercepted communication or any secondary data obtained from a communication, or

ii

tends to suggest that any interception-related conduct has or may have occurred or may be going to occur;

hb

an offence under section 18 of the National Security Act 2023 in relation to an offence falling within paragraph (ha);

i

an offence of attempting or conspiring to commit an offence falling within any of paragraphs (a) to F2(ha);

j

an offence under Part 2 of the Serious Crime Act 2007 in relation to an offence falling within any of those paragraphs;

k

an offence of aiding, abetting, counselling or procuring the commission of an offence falling within any of those paragraphs;

l

contempt of court committed in the course of, or in relation to, any relevant proceedings.

3

In this paragraph—

  • “intercepted communication” and “interception-related conduct” have the same meaning as in section 56;

  • “relevant proceedings” means any proceedings mentioned in paragraphs 4 to 19.