National Security Act 2023

Section 70

Schedule 14 Public officials

Ministers

1 A Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975).

2 A Northern Ireland Minister, the First Minister in Northern Ireland, the deputy First Minister in Northern Ireland or a person appointed as a junior Minister under section 19 of the Northern Ireland Act 1998.

3 The First Minister for Scotland, a Minister appointed under section 47 of the Scotland Act 1998 or a junior Scottish Minister.

4 The First Minister for Wales, a Welsh Minister appointed under section 48 of the Government of Wales Act 2006, the Counsel General to the Welsh Government or a Deputy Welsh Minister appointed under section 50 of that Act.

MPs etc

5 A member of either House of Parliament.

6 A member of the Northern Ireland Assembly.

7 A member of the Scottish Parliament.

8 A member of Senedd Cymru.

9 An employee or other member of staff of a person within any of paragraphs 5 to 8.

Local government

10 The Mayor of London.

11 A mayor for the area of a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009.

Political parties

12 An officer, trustee or agent of a UK registered political party (within the meaning of section 70).

13 A member of such a political party who exercises executive functions on behalf of the party.

Election candidates

14 A candidate at an election for a relevant elective office (within the meaning of section 37 of the Elections Act 2022).

15 A candidate at an election for a relevant Scottish elective office (within the meaning of that section).

Civil servants

16 (1) A member of—

(a) the Senior Civil Service;

(b) the Northern Ireland Senior Civil Service;

(c) the Senior Management Structure of His Majesty’s Diplomatic Service.

(2) A person who serves the government in a position in the civil service of the State and whose appointment to that position meets the requirements applicable to that position set out in section 15(1) of the Constitutional Reform and Governance Act 2010 (special advisers).

(3) A special adviser within the meaning of section 1 of the Civil Service (Special Advisers) Act (Northern Ireland) 2013 (c. 8 (N.I.)) (special advisers).

Military personnel

17 (1) An officer subject to service law who is of or above the rank of commodore, brigadier or air commodore.

(2) In sub-paragraph (1), “subject to service law” has the same meaning as in the Armed Forces Act 2006 (see section 374 of that Act).

Police

18 The chief constable or deputy chief constable of a police force maintained under section 2 of the Police Act 1996.

19 A police and crime commissioner.

20 A person of one of the following ranks of the metropolitan police force—

(a) Commissioner of Police of the Metropolis;

(b) Deputy Commissioner of Police of the Metropolis;

(c) Assistant Commissioner of Police of the Metropolis;

(d) Deputy Assistant Commissioner of Police of the Metropolis.

21 The Commissioner of Police for the City of London or an Assistant Commissioner of Police for the City of London.

22 The chief constable or deputy chief constable of the Police Service of Northern Ireland.

23 The chief constable or a deputy chief constable of the Police Service of Scotland.

24 The chief constable or a deputy chief constable of the Ministry of Defence Police.

25 The chief constable or deputy chief constable of the British Transport Police Force.

26 The chief constable or deputy chief constable of the Civil Nuclear Constabulary.

Persons exercising public functions

27 (1) A person exercising public functions who is specified by the Secretary of State in regulations.

(2) “Public functions” means functions of a public nature—

(a) exercisable in the United Kingdom, or

(b) exercisable in a country or territory outside the United Kingdom by a person acting for or on behalf of, or holding office under, the Crown.