National Security Act 2023

• (b) section 99.

• (2) An amendment or repeal made by this Act has the same extent in the United Kingdom as the provision to which it relates.

Extent outside the United Kingdom

99

• (1) Section 22 extends to—

• (a) the Isle of Man, and

• (b) the British Overseas Territories, except Gibraltar.

• (2) His Majesty may by Order in Council provide for any provision of this Act other than section 22 to extend (with or without modifications) to the Sovereign Base Areas of Akrotiri and Dhekelia.

• (3) An Order in Council under subsection (2) may make consequential, supplementary, incidental, transitional or saving provision.

• (4) The power under section 384(1) of the Armed Forces Act 2006 may be exercised so as to extend to any of the Channel Islands (with or without modifications) the amendment of section 238 of the Armed Forces Act 2006 made by section 22.

• (5) The power under section 384(2) of the Armed Forces Act 2006 may be exercised so as to modify section 238 of the Armed Forces Act 2006, as amended by section 22, as it extends to the Isle of Man or a British overseas territory other than Gibraltar.

• (6) The power under section 15(3) of the Official Secrets Act 1989 may be exercised so as to extend to any of the Channel Islands, the Isle of Man or a British Overseas Territory any amendment or repeal made by this Act of any provision of that Act.

• (7) The power under section 415 of the Sentencing Act 2020 may be exercised so as to extend to any of the Channel Islands or the Isle of Man (with or without modifications) any amendment or repeal made by this Act of any provision of that Act.

Commencement

100

• (1) This Act comes into force on such day as the Secretary of State may by regulations appoint, subject to subsection (2).

• (2) Sections 95 to 102 come into force on the day on which this Act is passed.

• (3) A power to make regulations under this section includes power to appoint different days for different purposes or areas.

Transitional and saving provision

101

• (1) The Secretary of State may by regulations make transitional or saving provision in connection with the coming into force of any provision of this Act.

• (2) A power to make regulations under this section includes power to make different provision for different purposes or areas.

Short title

102

This Act may be cited as the National Security Act 2023.

Schedule 1

Part 1 — Relevant electoral offences

Part 2 — Amendments

Electoral Law Act (Northern Ireland) 1962 (c.14 (N.I.))

1

• (1) The Electoral Law Act (Northern Ireland) 1962 (c.14 (N.I.)) is amended as follows.

• (2) In section 105 (restrictions on summary prosecution) after subsection (8) insert—

(9) A corrupt practice or electoral offence in relation to which section 16 of the National Security Act 2023 (which provides for higher sentences in cases of foreign interference) applies is triable only on indictment.

• (3) In section 106 (prosecution of offences disclosed on election petition) after subsection (1) insert—

(1A) The duty in subsection (1) to obey a direction given by an election court does not apply to a direction with respect to the prosecution of a corrupt practice or electoral offence in relation to which the Director has reasonable grounds to believe section 16 of the National Security Act 2023 (which provides for higher sentences in cases of foreign interference) applies.

• (4) In section 108 (penalties for corrupt practices) after subsection (4) insert—

(5) This section does not apply where section 16 of the National Security Act 2023 (which provides for higher sentences in cases of foreign interference) applies in relation to the corrupt practice.

• (5) In section 111 (penalties for electoral offences) after subsection (2A) insert—

(2B) Subsections (1) to (2A) do not apply where section 16 of the National Security Act 2023 (which provides for higher sentences in cases of foreign interference) applies in relation to the electoral offence.

• (6) In section 112(1H) (incapacities resulting from convictions) after “109” insert “or under section 16 of the National Security Act 2023 (which provides for higher sentences in cases of foreign interference)”.

• (7) In section 118 (time limit for prosecutions) after subsection (3) insert—

(4) This section does not apply where section 16 of the National Security Act 2023 (which provides for higher sentences in cases of foreign interference) applies in relation to the electoral misdemeanour.

Representation of the People Act 1983 (c. 2)

2

• (1) The Representation of the People Act 1983 is amended as follows.

• (2) In section 65 (offence of tampering with nomination papers etc) after subsection (4) insert—

(5) Subsections (3) and (4) do not apply where section 16 of the National Security Act 2023 (which provides for higher sentences in cases of foreign interference) applies in relation to the offence.

• (3) In section 168 (penalties for corrupt practices) after subsection (1) insert—

(1A) Subsection (1) does not apply where section 16 of the National Security Act 2023 (which provides for higher sentences in cases of foreign interference) applies in relation to the corrupt practice.

• (4) In section 176 (time limit for prosecutions) after subsection (1) insert—

(1A) Subsection (1) does not apply where section 16 of the National Security Act 2023 (which provides for higher sentences in cases of foreign interference) applies in relation to the offence.

Political Parties, Elections and Referendums Act 2000 (c. 41)

3

• (1) The Political Parties, Elections and Referendums Act 2000 is amended as follows.

• (2) In section 147 (civil sanctions)—

• (a) the existing text becomes subsection (1);

• (b) after that subsection insert—

(2) Schedule 19C does not apply in relation to the commission of an offence under this Act where section 16 of the National Security Act 2023 (which provides for higher sentences in cases of foreign interference) applies in relation to the offence.

• (3) In section 150 (punishment of offences) at the end insert—

(6) Schedule 20 does not apply where section 16 of the National Security Act 2023 (which provides for higher sentences in cases of foreign interference) applies in relation to the offence.

Schedule 2

Part 1 — England and Wales and Northern Ireland

Introductory

1

• (1) This Part of this Schedule applies in England and Wales and in Northern Ireland.

• (2) In this Part of this Schedule “relevant act” means—

• (a) an offence under this Part of this Act, other than an offence under—

• (i) section 5 (unauthorised entry to a prohibited place);

• (ii) section 6 (prohibited place: failure to comply with order of constable);

• (iii) section 11 (cordoned area: failure to comply with order of constable);

• (iv) this Schedule;

• (v) Schedule 3 (disclosure orders);

• (vi) Schedule 4 (customer information orders);

• (b) an act or threat within section 33(3)(b)or (c).

Material other than confidential material: search, seizure and retention

2

• (1) A constable may make an application for the issue of a warrant under this paragraph—

• (a) in England and Wales, to a justice of the peace;

• (b) in Northern Ireland, to a lay magistrate.

• (2) The justice of the peace or lay magistrate may grant the application if satisfied that—

• (a) conditions 1 and 2 are met, and

• (b) in the case of an application for an all premises warrant, condition 3 is met.

• (3) Condition 1 is that there are reasonable grounds for suspecting that a relevant act has been, or is about to be, committed.

• (4) Condition 2 is that there are reasonable grounds for suspecting that there is on the relevant premises material which—

• (a) is likely to be evidence that a relevant act has been, or is about to be, committed, and

• (b) does not consist of or include confidential material.

• (5) Condition 3 is that it is not reasonably practicable to specify in the application all the premises which the person specified in the application occupies or controls and which might need to be searched.

• (6) A warrant under this paragraph is a warrant authorising any constable—

• (a) to enter the relevant premises,

• (b) to search the relevant premises and any person found there, and

• (c) to seize and retain any material found on a search under paragraph (b) which is likely to be evidence that a relevant act has been, or is about to be, committed.

• (7) A warrant under this paragraph does not authorise—

• (a) the seizure and retention of confidential material, or

• (b) a constable to require a person to remove any clothing in public except for headgear, footwear, an outer coat or jacket and gloves.

• (8) In this paragraph the “relevant premises” are—

• (a) one or more sets of premises specified in the application (in which case the application is for a “specific premises warrant”), or

• (b) any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an “all premises warrant”).

Confidential material: production orders

3

• (1) A constable may apply to a judge for an order under this paragraph.

• (2) The judge may grant the application if satisfied that conditions 1 to 4 are met.

• (3) Condition 1 is that there are reasonable grounds for suspecting that a relevant act has been, or is about to be, committed.

• (4) Condition 2 is that there are reasonable grounds for suspecting that a person specified in the application has in their possession, custody or control material which—

• (a) is likely to be evidence that a relevant act has been, or is about to be, committed,

• (b) consists of or includes confidential material, and

• (c) does not include items subject to legal privilege.

• (5) Condition 3 is that there are reasonable grounds for believing that the material is likely to be of substantial value, whether by itself or with other material, to an investigation into whether a relevant act has been, or is about to be, committed.

• (6) Condition 4 is that there are reasonable grounds for believing that it is in the public interest that the material should be produced or access to it should be given having regard to—

• (a) the benefit likely to accrue to the investigation if the material is obtained, and

• (b) the circumstances under which the person concerned has any of the material in their possession, custody or control.

• (7) An order under this paragraph is an order that the person specified in the application must do any of the following—

• (a) produce to a constable within a specified period for seizure and retention any material which the person has in their possession, custody or control and to which the application relates;

• (b) give a constable access to any material of the kind mentioned in paragraph (a) within a specified period;

• (c) state to the best of the person’s knowledge and belief the location of the material to which the application relates if it is not in, and will not come into, the person’s possession, custody or control within the period specified under paragraph (a) or (b).

• (8) The specified period is to be the period of 7 days beginning with the date of the order, unless it appears to the judge that a different period would be appropriate in the particular circumstances of the application.

4

• (1) A constable may apply to a judge for an order under this paragraph.

• (2) The judge may grant the application if satisfied that conditions 1 to 5 are met.

• (3) Condition 1 is that there are reasonable grounds for suspecting that a relevant act has been, or is about to be, committed.

• (4) Condition 2 is that there are reasonable grounds for suspecting that, within the period of 28 days beginning with the date of the order, there is likely to come into existence material which—

• (a) is evidence that a relevant act has been, or is about to be, committed,

• (b) consists of or includes confidential material, and

• (c) does not include items subject to legal privilege.

• (5) Condition 3 is that there are reasonable grounds for suspecting that a person specified in the application is likely within that period to have in their possession, custody or control any of the material to which the application relates.

• (6) Condition 4 is that there are reasonable grounds for believing that the material is likely to be of substantial value, whether by itself or with other material, to an investigation into whether a relevant act has been, or is about to be, committed.

• (7) Condition 5 is that there are reasonable grounds for believing that it is in the public interest that the material should be produced or access to it should be given having regard to—

• (a) the benefit likely to accrue to the investigation if the material is obtained, and

• (b) the circumstances under which the person concerned is likely to have any of the material in their possession, custody or control.

• (8) An order under this paragraph is an order that the person specified in the application must do any of the following—

• (a) notify a named constable as soon as reasonably practicable after any material to which the application relates comes into the person’s possession, custody or control;

• (b) produce to a constable within a specified period for seizure and retention any material to which the application relates which comes into the person’s possession, custody or control;

• (c) give a constable access to any material of the kind mentioned in paragraph (b) within a specified period;

• (d) state to the best of the person’s knowledge and belief the location of the material to which the application relates if it is not in, and will not come into, the person’s possession, custody or control within the period of 28 days beginning with the date of the order.

• (9) The specified period is to be the period of 7 days beginning with the date of the notification required by sub-paragraph (8)(a), unless it appears to the judge that a different period would be appropriate in the particular circumstances of the application.

Production orders: supplementary provision

5

An application for an order under paragraph 3 or 4 may be made without notice to a judge in chambers.

6

• (1) An order under paragraph 3 or 4—

• (a) does not confer any right to production of, or access to, items subject to legal privilege, and

• (b) has effect despite any restriction on the disclosure of information imposed by an enactment or otherwise.

• (2) Where the material consists of information stored in electronic form—

• (a) an order under paragraph 3(7)(a) or 4(8)(b) has effect as an order to produce the material in a form in which it can be taken away and in which it is visible and legible, or from which it can readily be produced in a visible and legible form, and

• (b) an order under paragraph 3(7)(b) or 4(8)(c) has effect as an order to give a constable access to the material in a form in which it is visible and legible.

7

• (1) An order under paragraph 3 or 4 may be made in relation to material in the possession, custody or control of a government department or a Northern Ireland department.

• (2) Where an order is made by virtue of sub-paragraph (1)—

• (a) it is to be served as if the proceedings were civil proceedings against the department, and

• (b) it may require any officer of the department, whether named in the order or not, who may for the time being have in their possession, custody or control the material concerned, to comply with the order.

• (3) In this paragraph “government department” means an authorised government department for the purposes of the Crown Proceedings Act 1947.

8

An order under paragraph 3 or 4 has effect as if it were an order of the court.

Confidential material: search, seizure and retention

9

• (1) A constable may apply to a judge for the issue of a warrant under this paragraph.

• (2) The judge may grant the application if satisfied that an order made under paragraph 3 or 4 in relation to material on the relevant premises has not been complied with.

• (3) The judge may also grant the application if satisfied that—

• (a) conditions 1 to 5 are met, and

• (b) in the case of an application for an all premises warrant, condition 6 is met.

• (4) Condition 1 is that there are reasonable grounds for suspecting that a relevant act has been, or is about to be, committed.

• (5) Condition 2 is that there are reasonable grounds for suspecting that there is on the relevant premises material which—

• (a) is likely to be evidence that a relevant act has been, or is about to be, committed,

• (b) consists of or includes confidential material, and

• (c) does not include items subject to legal privilege.

• (6) Condition 3 is that there are reasonable grounds for believing that the material is likely to be of substantial value, whether by itself or with other material, to an investigation into whether a relevant act has been, or is about to be, committed.

• (7) Condition 4 is that there are reasonable grounds for believing that it is in the public interest that the material should be obtained having regard to—

• (a) the benefit likely to accrue to the investigation if the material is obtained, and

• (b) the circumstances under which the person concerned has any of the material in their possession, custody or control.

• (8) Condition 5 is that any of the following apply—

• (a) it is not practicable to communicate with any person entitled to produce the material;

• (b) it is not practicable to communicate with any person entitled to grant access to the material;

• (c) the investigation may be seriously prejudiced unless a constable can secure immediate access to the material.

• (9) Condition 6 is that it is not reasonably practicable to specify in the application all the premises which the person specified in the application occupies or controls and which might need to be searched.

• (10) A warrant under this paragraph is a warrant authorising any constable—

• (a) to enter the relevant premises,

• (b) to search the relevant premises and any person found there, and

• (c) to seize and retain any material found on a search under paragraph (b) which is likely to be evidence that a relevant act has been, or is about to be, committed.

• (11) A warrant under this paragraph does not authorise—

• (a) the seizure and retention of items subject to legal privilege, or

• (b) a constable to require a person to remove any clothing in public except for headgear, footwear, an outer coat or jacket and gloves.

• (12) In this paragraph the “relevant premises” are—

• (a) one or more sets of premises specified in the application (in which case the application is for a “specific premises warrant”), or

• (b) any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an “all premises warrant”).

Explanations

10

• (1) A constable may apply to a judge for an order under this paragraph requiring any person specified in the order to provide an explanation of material—

• (a) seized under a warrant under paragraph 2 or 9, or

• (b) produced or made available to a constable under paragraph 3 or 4.

• (2) An application for an order under this paragraph may be made without notice to a judge in chambers.

• (3) An order under this paragraph may not require any person to disclose any information which they would be entitled to refuse to disclose on grounds of legal professional privilege in proceedings in the High Court.

• (4) But a lawyer may be required to provide the name and address of their client.

• (5) A statement by a person in response to a requirement imposed by an order under this paragraph—

• (a) may be made orally or in writing, and

• (b) may be used in evidence against the person only on a prosecution for an offence under paragraph 11.

• (6) An order under this paragraph has effect as if it were an order of the court.

11

• (1) A person commits an offence if, in purported compliance with an order under paragraph 10, they—

• (a) make a statement which they know to be false or misleading in a material particular, or

• (b) recklessly make a statement which is false or misleading in a material particular.

• (2) A person who commits an offence under sub-paragraph (1) is liable—

• (a) on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both),

• (b) on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

• (c) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both).

Urgent cases

12

• (1) A police officer of at least the rank of superintendent may by a written order signed by them give to any constable the authority which may be given by—

• (a) a warrant under paragraph 2, or

• (b) a warrant under paragraph 9,

but subject to sub-paragraph (2).

• (2) An order under this paragraph giving the authority which may be given by a warrant under paragraph 9 does not authorise a constable to retain confidential journalistic material.

• (3) An officer may not make an order under this paragraph unless the officer —

• (a) is satisfied as mentioned in paragraph 2(2) or paragraph 9(2) or (3) (as the case may be), and

• (b) has reasonable grounds for believing that the case is one of great emergency and that immediate action is necessary.

• (4) Where an order is made under this paragraph particulars of the case must be notified as soon as is reasonably practicable to the Secretary of State.

• (5) A person who wilfully obstructs a search under this paragraph commits an offence.

• (6) A person who commits an offence under sub-paragraph (5) is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale (or both).

13

• (1) This paragraph applies where confidential journalistic material is seized by virtue of an order under paragraph 12 giving the authority which may be given by a warrant under paragraph 9.

• (2) A constable may apply to a judge for the issue of a warrant under this paragraph.

• (3) An application under sub-paragraph (2) must be made as soon as reasonably practicable after the material is seized.

• (4) The judge may grant an application under sub-paragraph (2) if satisfied that conditions 1 to 3 are met.

• (5) Condition 1 is that there are reasonable grounds for suspecting that a relevant act has been, or is about to be, committed.

• (6) Condition 2 is that there are reasonable grounds for believing that the material is likely to be of substantial value, whether by itself or with other material, to an investigation into whether a relevant act has been, or is about to be, committed.

• (7) Condition 3 is that there are reasonable grounds for believing that it is in the public interest that the material should be retained having regard to the benefit likely to accrue to the investigation if the material is retained.

• (8) A warrant under this paragraph is a warrant authorising the retention of confidential journalistic material.

• (9) A warrant under this paragraph may impose conditions on the retention and use of the material.

• (10) If the judge does not grant an application for the issue of a warrant under this paragraph in relation to any of the material to which the application relates, the judge may direct that the material is—

• (a) returned to the person from whom it was seized, or

• (b) destroyed.

14

• (1) If a police officer of at least the rank of superintendent has reasonable grounds for believing that the case is one of great emergency the officer may by a written notice signed by them require any person specified in the notice to provide an explanation of any material seized in pursuance of an order under paragraph 12.

• (2) Paragraph 10(3) to (5) and paragraph 11 apply to a notice under this paragraph as they apply to an order under paragraph 10.

• (3) A person who fails to comply with a notice under this paragraph commits an offence.

• (4) It is a defence for a person charged with an offence under sub-paragraph (3) to show that they had a reasonable excuse for their failure.

• (5) A person is taken to have shown that they had a reasonable excuse for their failure if—

• (a) sufficient evidence of that fact is adduced to raise an issue with respect to it, and

• (b) the contrary is not proved beyond reasonable doubt.

• (6) A person guilty of an offence under sub-paragraph (3) is liable—

• (a) on summary conviction in England and Wales, to imprisonment for a term not exceeding the maximum term for summary offences or a fine (or both);

• (b) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).

Application of PACE

15

• (1) For the purposes of the provisions mentioned in sub-paragraph (2)—

• (a) an investigation into whether a relevant act has been, or is about to be, committed is to be treated as an investigation into, or in connection with, an offence, and

• (b) material produced in pursuance of an order under paragraph 3 or 4 is to be treated as if it were material seized by a constable.

• (2) The provisions are—

• (a) sections 21 and 22 of the Police and Criminal Evidence Act 1984;

• (b) Articles 23 and 24 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)),

(seized material: access, copying and retention).

Procedure rules

16

• (1) Criminal Procedure Rules may make provision about proceedings in England and Wales relating to a warrant or order under this Part of this Schedule (other than an order under paragraph 12).

• (2) Crown Court rules and magistrates’ courts rules may make provision about proceedings in Northern Ireland relating to a warrant or order under this Part of this Schedule (other than an order under paragraph 12).

• (3) The provision which may be made by virtue of this paragraph includes in particular provision about the variation or discharge of an order.

Interpretation

17

• (1) This paragraph applies for the interpretation of this Part of this Schedule.

• (2) “Confidential material” means—

• (a) confidential journalistic material, and

• (b) protected material.

• (3) “Confidential journalistic material” has the same meaning as in the Investigatory Powers Act 2016 (see section 264(6) and (7) of that Act).

• (4) “Protected material”—

• (a) in relation to England and Wales, means—

• (i) items subject to legal privilege,

• (ii) material falling within section 11(1)(a) or (b) of the Police and Criminal Evidence Act 1984 (certain personal records, human tissue or tissue fluid held in confidence), or

• (iii) material to which section 14(2) of that Act applies (other material acquired in the course of a trade etc that is held in confidence);

• (b) in relation to Northern Ireland, means—

• (i) items subject to legal privilege;

• (ii) material falling with Article 13(1)(a) or (b) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (certain personal records, human tissue or tissue fluid held in confidence), or

• (iii) material to which Article 16(2) of that Order applies (other material acquired in the course of a trade etc that is held in confidence).

• (5) “Items subject to legal privilege”—

• (a) in relation to England and Wales, has the meaning given by section 10 of the Police and Criminal Evidence Act 1984;

• (b) in relation to Northern Ireland, has the meaning given by Article 12 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)).

• (6) “Judge”—

• (a) in relation to England and Wales, means a judge entitled to exercise the jurisdiction of the Crown Court;

• (b) in relation to Northern Ireland, means a judge of the Crown Court.

Part 2 — Scotland

Introductory

18

• (1) This Part of this Schedule applies in Scotland.

• (2) In this Part of this Schedule “relevant act” means—

• (a) an offence under this Part of this Act, other than an offence under—

• (i) section 5 (unauthorised entry to a prohibited place);

• (ii) section 6 (prohibited place: failure to comply with order of constable);

• (iii) section 11 (cordoned area: failure to comply with order of constable);

• (iv) this Schedule;

• (v) Schedule 3 (disclosure orders);

• (vi) Schedule 4 (customer information orders);

• (b) an act or threat within section 33(3)(b) or (c).

Production orders

19

• (1) The procurator fiscal may apply to a sheriff for an order under this paragraph.

• (2) The sheriff may grant the application if satisfied that conditions 1 to 4 are met.

• (3) Condition 1 is that there are reasonable grounds for suspecting that a relevant act has been, or is about to be, committed.

• (4) Condition 2 is that there are reasonable grounds for suspecting that a person specified in the application has in their possession, custody or control material which is likely to be evidence that a relevant act has been, or is about to be, committed.

• (5) Condition 3 is that there are reasonable grounds for believing that the material is likely to be of substantial value, whether by itself or with other material, to an investigation into whether a relevant act has been, or is about to be, committed.

• (6) Condition 4 is that there are reasonable grounds for believing that it is in the public interest that the material should be produced or access to it should be given having regard to—

• (a) the benefit likely to accrue to the investigation if the material is obtained, and

• (b) the circumstances under which the person concerned has any of the material in their possession, custody or control.

• (7) An order under this paragraph is an order that the person specified in the application must do any of the following—

• (a) produce to a constable within a specified period for seizure and retention any material which the person has in their possession, custody or control and to which the application relates;

• (b) give a constable access to any material of the kind mentioned in paragraph (a) within a specified period;

• (c) state to the best of the person’s knowledge and belief the location of the material to which the application relates if it is not in, and will not come into, the person’s possession, custody or control within the period specified under paragraph (a) or (b).

• (8) The specified period is to be the period of 7 days beginning with the date of the order, unless it appears to the sheriff that a different period would be appropriate in the particular circumstances of the application.

• (9) Where the sheriff makes an order under sub-paragraph (7)(b) in relation to material on any premises, they may, on the application of the procurator fiscal, order any person who appears to them to be entitled to grant entry to the premises to allow any constable to enter the premises to obtain access to the material.

20

• (1) The procurator fiscal may apply to a sheriff for an order under this paragraph.

• (2) The sheriff may grant the application if satisfied that conditions 1 to 5 are met.

• (3) Condition 1 is that there are reasonable grounds for suspecting that a relevant act has been, or is about to be, committed.

• (4) Condition 2 is that there are reasonable grounds for suspecting that, within the period of 28 days beginning with the date of the order, there is likely to come into existence material which is evidence that a relevant act has been, or is about to be, committed.

• (5) Condition 3 is that there are reasonable grounds for suspecting that a person specified in the application is likely within that period to have in their possession, custody or control any of the material to which the application relates.

• (6) Condition 4 is that there are reasonable grounds for believing that the material is likely to be of substantial value, whether by itself or with other material, to an investigation into whether a relevant act has been, or is about to be, committed.

• (7) Condition 5 is that there are reasonable grounds for believing that it is in the public interest that the material should be produced or access to it should be given having regard to—

• (a) the benefit likely to accrue to the investigation if the material is obtained, and

• (b) the circumstances under which the person concerned is likely to have any of the material in their possession, custody or control.

• (8) An order under this paragraph is an order that the person specified in the application must do any of the following—

• (a) notify a named constable as soon as reasonably practicable after any material to which the application relates comes into the person’s possession, custody or control;

• (b) produce to a constable within a specified period for seizure and retention any material to which the application relates which comes into the person’s possession, custody or control;

• (c) give a constable access to any material of the kind mentioned in paragraph (b) within a specified period;

• (d) state to the best of the person’s knowledge and belief the location of the material to which the application relates if it is not in, and will not come into, the person’s possession, custody or control within the period of 28 days beginning with the date of the order.

• (9) The specified period is to be the period of 7 days beginning with the date of the notification required by sub-paragraph (8)(a), unless it appears to the sheriff that a different period would be appropriate in the particular circumstances of the application.

• (10) Where the sheriff makes an order under sub-paragraph (8)(c) in relation to material on any premises, they may, on the application of the procurator fiscal, order any person who appears to them to be entitled to grant entry to the premises to allow any constable to enter the premises to obtain access to the material.

Production orders: supplementary

21

An application for an order under paragraph 19 or 20 may be made without notice to a sheriff in chambers.

22

• (1) An order under paragraph 19 or 20 has effect despite any obligation as to secrecy or other restriction on the disclosure of information imposed by an enactment or otherwise.

• (2) Where the material consists of information stored in electronic form—

• (a) an order under paragraph 19(7)(a) or 20(8)(b) has effect as an order to produce the material in a form in which it can be taken away and in which it is visible and legible, or from which it can readily be produced in a visible and legible form, and

• (b) an order under paragraph 19(7)(b) or 20(8)(c) has effect as an order to give a constable access to the material in a form in which it is visible and legible.

23

• (1) An order under paragraph 19 or 20 may be made in relation to material in the possession, custody or control of a government department.

• (2) Where an order is made by virtue of sub-paragraph (1)—

• (a) it is to be served as if the proceedings were civil proceedings against the department, and

• (b) it may require any officer of the department, whether named in the order or not, who may for the time being have in their possession, custody or control the material concerned, to comply with the order.

• (3) In this paragraph “government department” means—

• (a) a public department within the meaning of the Crown Suits (Scotland) Act 1857, and

• (b) any part of the Scottish Administration.

24

• (1) Without prejudice to section 305 of the Criminal Procedure (Scotland) Act 1995, provision may be made by the High Court of Justiciary by Act of Adjournal as to—

• (a) the recall and variation of orders under paragraph 19 or 20; and

• (b) proceedings relating to such orders.

• (2) The following provisions have effect pending the coming into force of an Act of Adjournal under sub-paragraph (1)—

• (a) an order under paragraph 19 or 20 may be recalled or varied by a sheriff on a written application made to the sheriff by any person subject to the order;

• (b) unless the sheriff otherwise directs on grounds of urgency, the applicant must, not less than 48 hours before making the application, send a copy of it and a notice in writing of the time and place where the application is to be made to the procurator fiscal on whose application the order was made.

Search, seizure and retention

25

• (1) The procurator fiscal may apply to a sheriff for the issue of a warrant under this paragraph.

• (2) The sheriff may grant the application if satisfied that an order made under paragraph 19 or 20 in relation to material on the relevant premises has not been complied with.

• (3) The sheriff may also grant the application if satisfied that—

• (a) conditions 1 to 5 are met, and

• (b) in the case of an application for an all premises warrant, condition 6 is met.

• (4) Condition 1 is that there are reasonable grounds for suspecting that a relevant act has been, or is about to be, committed.

• (5) Condition 2 is that there are reasonable grounds for suspecting that there is on the relevant premises material which is likely to be evidence that a relevant act has been, or is about to be, committed.

• (6) Condition 3 is that there are reasonable grounds for believing that the material is likely to be of substantial value, whether by itself or with other material, to an investigation into whether a relevant act has been, or is about to be, committed.

• (7) Condition 4 is that there are reasonable grounds for believing that it is in the public interest that the material should be obtained having regard to—

• (a) the benefit likely to accrue to the investigation if the material is obtained, and

• (b) the circumstances under which the person concerned has any of the material in their possession, custody or control.

• (8) Condition 5 is that any of the following apply—

• (a) it is not practicable to communicate with any person entitled to produce the material;

• (b) it is not practicable to communicate with any person entitled to grant access to the material;

• (c) the investigation may be seriously prejudiced unless a constable can secure immediate access to the material.

• (9) Condition 6 is that it is not reasonably practicable to specify in the application all the premises which the person specified in the application occupies or controls and which might need to be searched.

• (10) A warrant under this paragraph is a warrant authorising any constable—

• (a) to enter the relevant premises,

• (b) to search the relevant premises and any person found there, and

• (c) to seize and retain any material found on a search under paragraph (b) which is likely to be evidence that a relevant act has been, or is about to be, committed.

• (11) In this paragraph the “relevant premises” are—

• (a) one or more sets of premises specified in the application (in which case the application is for a “specific premises warrant”), or

• (b) any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an “all premises warrant”).

Explanations

26

• (1) The procurator fiscal may apply to a sheriff for an order under this paragraph requiring any person specified in the order to provide an explanation of material—

• (a) seized under a warrant under paragraph 25, or

• (b) produced or made available to a constable under paragraph 19 or 20.

• (2) An application for an order under this paragraph may be made without notice to a sheriff in chambers.

• (3) Without prejudice to paragraph 30, an order under this paragraph may require a lawyer to provide the name and address of their client.

• (4) A statement by a person in response to a requirement imposed by an order under this paragraph may only be used in evidence against the person—

• (a) on a prosecution for an offence under section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995, or

• (b) on a prosecution for some other offence where in giving evidence they make a statement inconsistent with it.

• (5) Paragraphs 23 and 24 apply to orders under this paragraph as they apply to orders made under paragraph 19 or 20.

Urgent cases

27

• (1) A police officer of at least the rank of superintendent may by a written order signed by them give to any constable the authority which may be given by a warrant under paragraph 25 (subject to sub-paragraph (2)).

• (2) An order under this paragraph does not authorise a constable to retain confidential journalistic material.

• (3) An officer may not make an order under this paragraph unless the officer—

• (a) is satisfied as mentioned in paragraph 25(2) or (3), and

• (b) has reasonable grounds for believing that the case is one of great emergency and that immediate action is necessary.

• (4) Where an order is made under this paragraph particulars of the case must be notified as soon as is reasonably practicable to the Secretary of State.

• (5) A person who wilfully obstructs a search under this paragraph commits an offence.

• (6) A person who commits an offence under sub-paragraph (5) is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale (or both).

• (7) “Confidential journalistic material” has the same meaning as in the Investigatory Powers Act 2016 (see section 264(6) and (7) of that Act).

28

• (1) This paragraph applies where confidential journalistic material is seized by virtue of an order under paragraph 27.

• (2) The procurator fiscal may apply to a sheriff for the issue of a warrant under this paragraph.

• (3) An application under sub-paragraph (2) must be made as soon as reasonably practicable.

• (4) The sheriff may grant an application under sub-paragraph (2) if satisfied that conditions 1 to 3 are met.

• (5) Condition 1 is that there are reasonable grounds for suspecting that a relevant act has been, or is about to be, committed.

• (6) Condition 2 is that there are reasonable grounds for believing that the material is likely to be of substantial value, whether by itself or with other material, to an investigation into whether a relevant act has been, or is about to be, committed.

• (7) Condition 3 is that there are reasonable grounds for believing that it is in the public interest that the material should be retained having regard to the benefit likely to accrue to the investigation if the material is retained.

• (8) A warrant under this paragraph is a warrant authorising the retention of confidential journalistic material.

• (9) A warrant under this paragraph may impose conditions on the retention and use of the material.

• (10) If the sheriff does not grant an application for the issue of a warrant under this paragraph in relation to any of the material to which the application relates, the sheriff may direct that the material is—

• (a) returned to the person from whom it was seized, or

• (b) destroyed.

• (11) “Confidential journalistic material” has the same meaning as in paragraph 27.

29

• (1) If a police officer of at least the rank of superintendent has reasonable grounds for believing that the case is one of great emergency the officer may by a written notice signed by them require any person specified in the notice to provide an explanation of any material seized in pursuance of an order under paragraph 27.

• (2) Paragraph 26(3) and (4) apply to a notice under this paragraph as they apply to an order under that paragraph.

• (3) A person who fails to comply with a notice under this paragraph commits an offence.

• (4) It is a defence for a person charged with an offence under sub-paragraph (3) to show that they had a reasonable excuse for their failure.

• (5) A person is taken to have shown that they had a reasonable excuse for their failure if—

• (a) sufficient evidence of that fact is adduced to raise an issue with respect to it, and

• (b) the contrary is not proved beyond reasonable doubt.

• (6) A person guilty of an offence under sub-paragraph (3) is liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).

Supplementary

30

• (1) This Part of this Schedule is without prejudice to any rule of law under which—

• (a) communications between a professional legal adviser and their client, or

• (b) communications made in connection with or in contemplation of legal proceedings and for the purposes of those proceedings,

are in legal proceedings protected from disclosure on the ground of confidentiality.

• (2) For the purpose of exercising any powers conferred on them under this Part of this Schedule a constable may, if necessary, open lockfast places on premises which they are entitled to enter in pursuance of an order under paragraph 19 or 20, a warrant under paragraph 25 or an order under paragraph 27.

• (3) A search of a person under this Part of this Schedule may only be carried out by a person of the same sex.

Schedule 3

Part 1 — England and Wales and Northern Ireland

Introductory

1

• (1) This Part of this Schedule applies in England and Wales and Northern Ireland.

• (2) “Relevant investigation” means an investigation into the identification of relevant property or its movement or use.

• (3) “Relevant property” means—

• (a) money or other property which is likely to be used for the purposes of foreign power threat activity, or

• (b) proceeds of involvement in foreign power threat activity.

• (4) The reference to proceeds of involvement in foreign power threat activity includes a reference to any money, other property or benefit in money’s worth, which wholly or partly, and directly or indirectly, represents the proceeds of the involvement (including payments or rewards in connection with the involvement).

• (5) “Appropriate officer” means—

• (a) a constable, or

• (b) a National Crime Agency officer.

Disclosure orders

2

• (1) An appropriate officer may apply to a judge for a disclosure order.

• (2) The application must state that a person or property specified in the application is subject to a relevant investigation and the order is sought for the purposes of the investigation.

• (3) The judge may grant the application if satisfied that conditions 1 to 3 are met.

• (4) Condition 1 is that there are reasonable grounds for suspecting that the property specified in the application is relevant property.

• (5) Condition 2 is that there are reasonable grounds for believing that information which may be provided in compliance with a requirement imposed under the order is likely to be of substantial value, whether by itself or with other information, to the investigation.

• (6) Condition 3 is that there are reasonable grounds for believing that it is in the public interest for the information to be provided, having regard to the benefit likely to accrue to the investigation if the information is obtained.

• (7) A disclosure order is an order authorising an appropriate officer to give to any person the officer considers has relevant information notice in writing requiring the person to do any or all of the following with respect to any matter relevant to the investigation—

• (a) answer questions, either at a time specified in the notice or at once, at a place so specified;

• (b) provide information specified in the notice, by a time and in a manner so specified;

• (c) produce documents, or documents of a description, specified in the notice, either at or by a time so specified or at once, and in a manner so specified.

• (8) “Relevant information” means information (whether or not contained in a document) which the appropriate officer considers to be relevant to the investigation.

• (9) A person is not bound to comply with a requirement imposed by a notice given under a disclosure order unless evidence of authority to give the notice is produced.

• (10) An appropriate officer may not make an application under this paragraph unless the officer is a senior officer or is authorised to do so by a senior officer.

Supplementary provision

3

• (1) A disclosure order does not confer the right to require a person—

• (a) to answer any question,

• (b) to provide any information, or

• (c) to produce any document or other material,

which the person would be entitled to refuse to answer, provide or produce on grounds of legal professional privilege in proceedings in the High Court.

• (2) But a lawyer may be required to provide the name and address of a client.

• (3) A disclosure order does not confer the right to require a person to produce excluded material.

• (4) A disclosure order has effect despite any restriction on the disclosure of information imposed by an enactment or otherwise.

• (5) An appropriate officer may take copies of any documents produced in compliance with a requirement to produce them imposed under a disclosure order.

• (6) The documents may be retained for so long as it is necessary to retain them (as opposed to a copy of them) in connection with the investigation for the purposes of which the order was made.

• (7) But if an appropriate officer has reasonable grounds for believing that—

• (a) the documents may need to be produced for the purposes of any legal proceedings, and

• (b) they might otherwise be unavailable for those purposes,

they may be retained until the proceedings are concluded.

• (8) An appropriate officer may retain documents under sub-paragraph (7) only if the officer is a senior officer or is authorised to do so by a senior officer.

Applications

4

An application for a disclosure order may be made without notice to a judge in chambers.

Discharge or variation

5

• (1) An application to discharge or vary a disclosure order may be made to the Crown Court by—

• (a) the person who applied for the order;

• (b) any person affected by the order.

• (2) If the application for the disclosure order was made by a constable, an application to discharge or vary the order may be made by a different constable.

• (3) If the application for the disclosure order was made by a National Crime Agency officer, an application to discharge or vary the order may be made by a different National Crime Agency officer.