National Security Act 2023

Investigatory Powers Act 2016 (c. 25) U.K.

10 (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—

“Proceedings under Part 2 of the National Security Act 2023

8A (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)”.

Commencement Information

I1 Sch. 18 para. 10 not in force at Royal Assent, see 100(1)

I2 Sch. 18 para. 10 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(f)