Schedules

Schedule 18Minor and consequential amendments

I1I210Investigatory Powers Act 2016 (c. 25)

1

Schedule 3 to the Investigatory Powers Act 2016 (exceptions to the exclusion of certain matters from legal proceedings) is amended as follows.

2

After paragraph 8 insert—

8AProceedings under Part 2 of the National Security Act 2023

1

Section 56(1) does not apply in relation to—

a

any proceedings which are relevant proceedings within the meaning of Part 2 of the National Security Act 2023 (see section 62(1) of that Act), or

b

any proceedings arising out of any proceedings within paragraph (a).

2

But sub-paragraph (1) does not permit the disclosure of anything to—

a

any person, other than the Secretary of State, who is or was a party to the proceedings, or

b

any person who—

i

represents such a person for the purposes of the proceedings, and

ii

does so otherwise than by virtue of an appointment as a special advocate under Schedule 10 to the National Security Act 2023.

3

In paragraph 20(2) (proceedings for certain offences)—

a

after paragraph (h) insert—

ha

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);

b

in paragraph (i), for “(h)” substitute “(ha)”.