Legalize / United Kingdom / Public General Act

National Security Act 2023

Type Public General Act

Publication 2023-07-11

Last updated 2025-07-01

State In force

Department Statute Law Database

Source legislation.gov.uk

articles 1

Reform history JSON API

(3) In the application of this paragraph to Scotland, for the references to paragraphs 6, 7 and 9 substitute references to paragraph 15.

(4) Article 8(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) (requirement to bring an accused person before the court after arrest) does not apply in relation to a detained person.

Record

36

(1) A review officer carrying out a review must make a written record of the outcome of the review and of any of the following which apply—

(a) the grounds upon which continued detention is authorised,

(b) the reason for postponing the review,

(d) the officer’s conclusion on the matter considered under paragraph 35 (2)(a),

(e) the fact that the officer has taken action under paragraph 35 (2)(b), and

(f) the fact that the detained person is being detained by virtue of section 27 (6) or (7).

(2) The review officer must—

(a) make the record in the presence of the detained person, and

(b) inform the detained person at that time whether the review officer is authorising continued detention, and if so, of the grounds for such authorisation.

(3) Sub-paragraph (2) does not apply where, at the time when the record is made, the detained person is—

(a) incapable of understanding what is said to them,

(b) violent or likely to become violent, or

Part 6 — Extension of detention under section 27

Warrants of further detention

37

(1) Each of the following—

(a) in England and Wales, a Crown Prosecutor,

(b) in Scotland, the Lord Advocate or a procurator fiscal,

(d) in any part of the United Kingdom, a police officer of at least the rank of superintendent,

may apply to a judicial authority for the issue of a warrant of further detention in relation to a person.

(2) A warrant of further detention is a warrant—

(a) authorising the further detention under section 27 of a person for the specified period, and

(b) stating the time at which it is issued.

(3) Subject to sub-paragraph (4) and paragraph 44, the specified period in relation to a person is the period of 7 days beginning with the time of the person’s arrest under section 27.

(4) A judicial authority may issue a warrant of further detention in relation to a person which specifies a shorter period as the period for which the person’s further detention is authorised if—

(a) the application for the warrant is an application for a warrant specifying a shorter period, or

(b) the judicial authority is satisfied that there are circumstances that would make it inappropriate for the specified period to be as long as the period of 7 days mentioned in sub-paragraph (3).

(5) In this Part “judicial authority” means—

(a) in England and Wales, a District Judge (Magistrates’ Courts) who is designated for the purpose of this Part by the Lord Chief Justice of England and Wales,

(b) in Scotland, a sheriff, and

(c) in Northern Ireland, a district judge (magistrates’ courts) in Northern Ireland who is designated for the purpose of this Part by the Lord Chief Justice of Northern Ireland.

(6) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise the functions under sub-paragraph (5)(a).

(7) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise the functions under sub-paragraph (5)(c)—

(a) the holder of one of the offices listed in Schedule 1 to the Justice (Northern Ireland) Act 2002;

(b) a Lord Justice of Appeal (as defined in section 88 of that Act).

Time limit

38

(1) An application for a warrant must be made—

(a) during the period mentioned in section 27 (3), or

(b) within 6 hours of the end of that period.

(2) The judicial authority hearing an application made by virtue of sub-paragraph (1)(b) must dismiss the application if it considers that it would have been reasonably practicable to make it during the period mentioned in section 27 (3).

(3) For the purposes of this Schedule, an application for a warrant is made when written or oral notice of an intention to make the application is given to a judicial authority.

Notice

39

An application for a warrant of further detention may not be heard unless the person to whom it relates has been given a notice stating—

(a) that the application has been made,

(b) the time at which the application was made,

(d) the grounds upon which further detention is sought.

Grounds for extension

40

(1) A judicial authority may issue a warrant of further detention only if satisfied that—

(a) there are reasonable grounds for believing that the further detention of the person to whom the application relates is necessary as mentioned in sub-paragraph (2), and

(b) the investigation in connection with which the person is detained is being conducted diligently and expeditiously.

(2) The further detention of a person is necessary as mentioned in this sub-paragraph if it is necessary—

(a) to obtain relevant evidence whether by questioning the person or otherwise,

(b) to preserve relevant evidence,

(d) pending the examination or analysis of anything which is being carried out, or is to be carried out, with a view to obtaining relevant evidence.

(3) In this paragraph “relevant evidence” means, in relation to the person to whom the application relates, evidence which relates to the person’s involvement in foreign power threat activity.

Representation

41

(1) The person to whom an application relates—

(a) must be given an opportunity to make oral or written representations to the judicial authority about the application, and

(b) subject to sub-paragraph (3), is entitled to be legally represented at the hearing.

(2) A judicial authority must adjourn the hearing of an application to enable the person to whom the application relates to obtain legal representation where—

(a) the person is not legally represented,

(b) the person is entitled to be legally represented, and

(3) A judicial authority may exclude any of the following persons from any part of the hearing—

(a) the person to whom the application relates;

(b) anyone representing that person.

(4) A judicial authority may, after giving an opportunity for representations to be made by or on behalf of the applicant and the person to whom the application relates, direct—

(a) that the hearing of the application must be conducted, and

(b) that all representations by or on behalf of a person for the purposes of the hearing must be made,

by such means (whether a live television link or other means) falling within sub-paragraph (5) as may be specified in the direction and not in the presence (apart from by those means) of the applicant, of the person to whom the application relates or of any legal representative of that person.

(5) A means of conducting the hearing and of making representations falls within this sub-paragraph if it allows the person to whom the application relates and any legal representative of that person (without being present at the hearing and to the extent that they are not excluded from it under sub-paragraph (3))—

(a) to see and hear the judicial authority and the making of representations to it by other persons, and

(b) to be seen and heard by the judicial authority.

(6) If the person to whom the application relates wishes to make representations about whether a direction should be given under sub-paragraph (4), the person must do so by using the facilities that will be used if the judicial authority decides to give a direction under that sub-paragraph.

(7) Sub-paragraph (2) applies to the hearing of representations about whether a direction should be given under sub-paragraph (4) in the case of any application as it applies to a hearing of the application.

(8) A judicial authority may not give a direction under sub-paragraph (4) unless—

(a) it has been notified by the Secretary of State that facilities are available at the place where the person to whom the application relates is held for the judicial authority to conduct a hearing by means falling within sub-paragraph (5), and

(b) that notification has not been withdrawn.

(9) If in a case where it has power to do so a judicial authority decides not to give a direction under sub-paragraph (4), it shall state its reasons for not giving it.

Information

42

(1) A person who has made an application for a warrant may apply to the judicial authority for an order that specified information upon which the person intends to rely be withheld from—

(a) the person to whom the application relates, and

(b) anyone representing the person.

(2) Subject to sub-paragraph (3), a judicial authority may make an order under sub-paragraph (1) in relation to specified information only if satisfied that there are reasonable grounds for believing that if the information were disclosed—

(a) evidence of an offence under any of the provisions mentioned in section 33 (3)(a) would be interfered with or harmed,

(b) evidence of an offence under section 18 would be interfered with or harmed,

(d) the apprehension, prosecution or conviction of a person who is suspected of being involved in foreign power threat activity would be made more difficult as a result of the person being alerted,

(e) the prevention of foreign power threat activity would be made more difficult as a result of a person being alerted,

(f) the gathering of information about the commission, preparation or instigation of foreign power threat activity would be interfered with, or

(g) a person would be interfered with or physically injured.

(3) A judicial authority may also make an order under sub-paragraph (1) in relation to specified information if satisfied that there are reasonable grounds for believing that—

(a) the detained person has benefited from their criminal conduct, and

(b) the recovery of the value of the property constituting the benefit would be hindered if the information were disclosed.

(4) For the purposes of sub-paragraph (3) the question whether a person has benefited from their criminal conduct is to be decided in accordance with Part 2, 3 or 4 of the Proceeds of Crime Act 2002.

(5) The judicial authority may direct that the following be excluded from the hearing of the application under this paragraph—

(a) the person to whom the application for a warrant relates, and

(b) anyone representing that person.

Adjournments

43

(1) A judicial authority may adjourn the hearing of an application for a warrant only if the hearing is adjourned to a date before the expiry of the period mentioned in section 27 (3).

(2) This paragraph does not apply to an adjournment under paragraph 41 (2).

Extensions of warrants

44

(1) Each of the following—

(a) in England and Wales, a Crown Prosecutor,

(b) in Scotland, the Lord Advocate or a procurator fiscal,

(d) in any part of the United Kingdom, a police officer of at least the rank of superintendent,

may apply for the extension or further extension of the period specified in a warrant of further detention.

(2) The person to whom an application under sub-paragraph (1) may be made is a judicial authority.

(3) Where the period specified is extended, the warrant must be endorsed with a note stating the new specified period.

(4) Subject to sub-paragraph (6), the period by which the specified period is extended or further extended is the period which—

(a) begins with the time specified in sub-paragraph (5), and

(b) ends with whichever is the earlier of—

(i) the end of the period of 7 days beginning with that time, and

(ii) the end of the period of 14 days beginning with the time of the arrest of the person to which the warrant relates.

(5) The time referred to in sub-paragraph (4)(a) is—

(a) in the case of a warrant specifying a period which has not previously been extended under this paragraph, the end of the period specified in the warrant, and

(b) in any other case, the end of the period for which the period specified in the warrant was last extended under this paragraph.

(6) A judicial authority may extend or further extend the period specified in a warrant by a shorter period than is required by sub-paragraph (4) if—

(a) the application for the extension is an application for an extension by a period that is shorter than is so required, or

(b) the judicial authority is satisfied that there are circumstances that would make it inappropriate for the period of the extension to be as long as the period so required.

(7) Paragraphs 38 (3) and 39 to 42 apply to an application under this paragraph as they apply to an application for a warrant of further detention.

(8) A judicial authority may adjourn the hearing of an application under sub-paragraph (1) only if the hearing is adjourned to a date before the expiry of the period specified in the warrant.

(9) Sub-paragraph (8) does not apply to an adjournment under paragraph 41 (2).

Detention - conditions

45

(1) This paragraph applies where—

(a) a person is detained by virtue of a warrant issued under this Part of this Schedule, and

(b) the detention is not authorised by virtue of section 27 (6) or (7) or otherwise apart from the warrant.

(2) If, at any time, it appears to the police officer or other person in charge of the detained person’s case (“the officer in charge”) that any of the matters mentioned in paragraph 40 (1)(a) and (b) on which the judicial authority last authorised the person’s further detention no longer apply, the officer in charge must—

(a) if the officer in charge has custody of the detained person, release the person immediately, and

(b) if the officer in charge does not, immediately inform the person who does have custody of the detained person that those matters no longer apply in the detained person’s case.

(3) A person with custody of the detained person who is informed in accordance with this paragraph that those matters no longer apply must release the detained person immediately.

Part 7 — Emergency power when Parliament dissolved etc. for temporary extension of maximum period for detention under section 27

46

(1) The Secretary of State may make temporary extension regulations if—

(a) either—

(i) Parliament is dissolved, or

(ii) Parliament has met after a dissolution but the first King’s Speech of the Parliament has not yet taken place, and

(b) the Secretary of State considers that it is necessary by reason of urgency to make such regulations.

(2) Temporary extension regulations are regulations which provide, in relation to the period of three months beginning with the coming into force of the regulations, for paragraphs 44 and 45 to be read as if—

(a) in paragraph 44 (4)(b)(ii), for “14 days” there were substituted “28 days”, and

(b) the other modifications in sub-paragraphs (3) and (4) were made.

(3) The other modifications of paragraph 44 are—

(a) the insertion, at the end of sub-paragraph (1), of—

This is subject to sub-paragraphs (1A) to (1I).

(b) the insertion, after sub-paragraph (1), of—

(1A) Sub-paragraph (1B) applies in relation to any proposed application under sub-paragraph (1) for the further extension of the period specified in a warrant of further detention where the grant (otherwise than in accordance with sub-paragraph (6)(b)) of the application would extend the specified period such that it ends at a time that is more than 14 days after the time of the arrest of the person to whom the warrant relates. (1B) No person may make such an application— (a) in England and Wales, without the consent of the Director of Public Prosecutions, (b) in Scotland, without the consent of the Lord Advocate, and (c) in Northern Ireland, without the consent of the Director of Public Prosecutions for Northern Ireland, unless the person making the application is the person whose consent is required. (1C) The Director of Public Prosecutions must exercise personally any function under sub-paragraph (1B) of giving consent. (1D) The only exception is if— (a) the Director is unavailable, and (b) there is another person who is designated in writing by the Director acting personally as the person who is authorised to exercise any such function when the Director is unavailable. (1E) In that case— (a) the other person may exercise the function but must do so personally, and (b) the Director acting personally— (i) must review the exercise of the function as soon as practicable, and (ii) may revoke any consent given. (1F) Where the consent is so revoked after an application has been made or extension granted, the application is to be dismissed or (as the case may be) the extension is to be revoked. (1G) Sub-paragraphs (1C) to (1F) apply instead of any other provisions which would otherwise have enabled any function of the Director of Public Prosecutions under sub-paragraph (1B) of giving consent to be exercised by a person other than the Director. (1H) The Director of Public Prosecutions for Northern Ireland must exercise personally any function under sub-paragraph (1B) of giving consent unless the function is exercised personally by the Deputy Director of Public Prosecutions for Northern Ireland by virtue of section 30(4) or (7) of the Justice (Northern Ireland) Act 2002 (powers of Deputy Director to exercise functions of Director). (1I) Sub-paragraph (1H) applies instead of section 36 of the Act of 2002 (delegation of the functions of the Director of Public Prosecutions for Northern Ireland to persons other than the Deputy Director) in relation to the functions of the Director of Public Prosecutions for Northern Ireland and the Deputy Director of Public Prosecutions for Northern Ireland under, or (as the case may be) by virtue of, sub-paragraph (1B) above of giving consent.

— (a) in the case of an application falling within sub-paragraph (2A), a judicial authority, and (b) in any other case, a senior judge

(d) the insertion, after sub-paragraph (2), of—

(2A) An application for the extension or further extension of a period falls within this sub-paragraph if— (a) the grant of the application otherwise than in accordance with sub-paragraph (6)(b) would extend that period such that it ends at a time that is no more than 14 days after the time of the arrest of the person to whom the warrant relates, and (b) no application has previously been made to a senior judge in respect of that period.

(e) the insertion, after “judicial authority” in both places in sub-paragraph (6) where it appears, of “or senior judge”,

(f) the insertion, after “detention” in sub-paragraph (7), of

but, in relation to an application made by virtue of sub-paragraph (2)(b) to a senior judge, as if— (a) references to a judicial authority were references to a senior judge, and (b) references to the judicial authority in question were references to the senior judge in question

(g) the insertion, after “judicial authority” in sub-paragraph (8), of “or senior judge”, and

(h) the insertion, after sub-paragraph (9), of—

(10) In this paragraph and paragraph 45 “senior judge” means a judge of the High Court or of the High Court of Justiciary.

(4) The modification of paragraph 45 is the insertion, in sub-paragraph (2), after “judicial authority”, of “or senior judge”.

(5) Temporary extension regulations apply, except so far as the regulations provide otherwise, to any person who is being detained under section 27 when the regulations come into force (as well as any person who is subsequently detained under that section).

(6) The Secretary of State may by regulations revoke temporary extension regulations if the Secretary of State considers it appropriate to do so (whether or not the conditions mentioned in paragraphs (a) and (b) of sub-paragraph (1) are met).

(7) Sub-paragraph (8) applies if—

(a) any of the following events occurs—

(i) the revocation without replacement of temporary extension regulations,

(ii) the expiry of the period of three months mentioned in sub-paragraph (2) in relation to such regulations,

(iii) the ceasing to have effect of such regulations by virtue of section 96 (8) and (9), and

(b) at that time—

(i) a person is being detained by virtue of a further extension under paragraph 44,

(ii) the person’s further detention was authorised by virtue of the temporary extension regulations concerned (before the revocation or expiry of those regulations or before those regulations ceased to have effect) for a period ending more than 14 days after the time of the person’s arrest under section 27,

(iii) that 14 days has expired, and

(iv) the person’s detention is not otherwise authorised by law.

(8) The person with custody of the detained person must release the detained person immediately.

(9) Subject to sub-paragraphs (7) and (8), the fact that—

(a) temporary extension regulations are revoked,

(b) the period of three months mentioned in sub-paragraph (2) has expired in relation to such regulations, or

is without prejudice to anything previously done by virtue of the regulations or to the making of new regulations.

Schedule 7

Part 1 — Measures

Residence measure

1

(1) The Secretary of State may impose restrictions on the individual in relation to the residence in which the individual resides.

(2) The Secretary of State may, in particular, impose any of the following—

(a) a requirement to reside at a specified residence;

(b) a requirement to give notice to the Secretary of State of the identity of any other individuals who reside (or will reside) at the specified residence;

(3) The specified residence must be—

(a) premises that are the individual’s own residence, or

(b) other premises situated in an agreed locality or in some other locality in the United Kingdom that the Secretary of State considers to be appropriate.

(4) If there are premises that are the individual’s own residence at the time when the notice imposing restrictions under this paragraph is served on the individual, premises more than 200 miles from those premises may be specified under sub-paragraph (3)(b) only if they are in an agreed locality.

(5) An “agreed locality” is a locality in the United Kingdom which is agreed by the Secretary of State and the individual.

(6) The specified residence (if it is not the individual’s own residence) may be a residence provided by or on behalf of the Secretary of State.

(7) If the specified residence is provided to the individual by or on behalf of the Secretary of State, the Secretary of State may require the individual to comply with any specified terms of occupancy of that residence (which may be specified by reference to a lease or other document).

(8) A requirement of the kind mentioned in sub-paragraph (2)(c) must include provision to enable the individual to apply for the permission of the Secretary of State to be away from the specified residence, for the whole or part of any applicable period, on one or more occasions.

(9) The Secretary of State may grant such permission subject to either or both of the following conditions—

(a) the condition that the individual remains at other agreed premises between such hours as the Secretary of State may require;

(b) the condition that the individual complies with such other restrictions in relation to the individual's movements whilst away from the specified residence as are so required.

(10) “Agreed premises” are premises in the United Kingdom which are agreed by the Secretary of State and the individual.

(11) Sub-paragraph (9) is not to be read as limiting—

(a) the generality of sub-paragraph (7) of paragraph 17 (power to impose conditions when granting permission), or

(b) the power to impose further conditions under that sub-paragraph in connection with permission granted by virtue of sub-paragraph (8) of this paragraph.

(12) In sub-paragraph (8) “applicable period” means a period for which the individual is required to remain at the specified residence by virtue of a requirement of the kind mentioned in sub-paragraph (2)(c).

Travel measure

2

(1) The Secretary of State may impose restrictions on the individual leaving a specified area or travelling outside that area.

(2) The specified area must be—

(a) the United Kingdom, or

(b) any area within the United Kingdom that includes the place where the individual will be living.

(3) The Secretary of State may, in particular, impose any of the following requirements—

(a) a requirement not to leave the specified area without the permission of the Secretary of State;

(b) a requirement to give notice to the Secretary of State before leaving that area;

(c) a requirement not to possess or otherwise control, or seek to obtain, any travel document without the permission of the Secretary of State;

(d) a requirement to surrender any travel document that is in the possession or control of the individual.

(4) “Travel document” means—

(a) the individual's passport, or

(b) any ticket or other document that permits the individual to make a journey by any means—

(i) from the specified area to a place outside that area, or

(ii) between places outside the specified area.

(5) “Passport” means any of the following—

(a) a United Kingdom passport (within the meaning of the Immigration Act 1971);

(b) a passport issued by or on behalf of the authorities of a country or territory outside the United Kingdom, or by or on behalf of an international organisation;

Exclusion measure

3

(1) The Secretary of State may impose restrictions on the individual entering—

(a) a specified area or place, or

(b) a place or area of a specified description.

But the Secretary of State may not impose restrictions on the individual entering the United Kingdom.

(2) The Secretary of State may, in particular, impose any of the following requirements in respect of a specified area or place or a specified description of an area or place—

(a) a requirement not to enter without the permission of the Secretary of State;

(b) a requirement to give notice to the Secretary of State before entering;

Movement directions measure

4

(1) The Secretary of State may impose a requirement for the individual to comply with directions given by a constable in respect of the individual’s movements (which may, in particular, include a restriction on movements).

(2) A constable may give such directions only for the purpose of securing compliance—

(a) with other specified measures, or

(b) with a condition imposed under this Act requiring the individual to be escorted by a constable.

(3) Directions may not remain in effect for a period that is any longer than the constable giving the directions considers necessary for the purpose mentioned in sub-paragraph (2); but that period may not in any event be a period of more than 24 hours.

Financial services measure

5

(1) The Secretary of State may impose restrictions on the individual’s use of, or access to, such descriptions of financial services as are specified.

(2) The Secretary of State may, in particular, impose any of the following requirements—

(a) a requirement not to hold any accounts, without the permission of the Secretary of State, other than the nominated account (see sub-paragraph (3));

(b) a requirement to close, or to cease to have an interest in, accounts;

(c) a requirement to comply with specified conditions in relation to the holding of any account (including the nominated account) or any other use of financial services;

(d) a requirement not to possess, or otherwise control, cash over a total specified value without the permission of the Secretary of State.

(3) The Secretary of State must allow the individual to hold (at least) one account (the “nominated account”) if—

(a) the individual gives notice to the Secretary of State of the holding of the nominated account, and

(b) the account is held with a bank.

(4) In sub-paragraph (3) “bank” means an institution which is incorporated in, or formed under the law of, any part of the United Kingdom and which has permission under Part 4A of the Financial Services and Markets Act 2000 to carry on the regulated activity of accepting deposits (within the meaning of section 22 of that Act, taken with Schedule 2 to that Act and any order under section 22 of that Act).

(5) The reference in sub-paragraph (2)(d) to possessing or otherwise controlling cash does not include any cash that is held in an account with a person providing financial services (in accordance with any requirements imposed under this paragraph).

(6) In sub-paragraph (2)(d) “cash” means—

(a) coins and notes in any currency,

(b) postal orders,

(d) bankers’ drafts,

(e) bearer bonds and bearer shares, and

(f) such other kinds of monetary instrument as may be specified.

(7) A reference in this paragraph to the individual holding an account is a reference to an account held with a person providing financial services—

(a) that is in the individual’s name or is held for the individual’s benefit (whether held solely in the individual's name or jointly with one or more other persons); or

(b) in respect of which the individual has power of attorney or can otherwise exercise control.

(8) In this paragraph “financial services” means any service of a financial nature, including (but not limited to) banking and other financial services consisting of—

(a) accepting deposits and other repayable funds;

(b) lending (including consumer credit and mortgage credit);

Property measure

6

(1) The Secretary of State may impose either or both of the following—

(a) restrictions on the individual in relation to the transfer of property to, or by, the individual, or

(b) requirements on the individual in relation to the disclosure of property.

(2) The Secretary of State may, in particular, impose any of the following requirements—

(a) a requirement not to transfer money or other property to a person or place outside the United Kingdom without the permission of the Secretary of State;

(b) a requirement to give notice to the Secretary of State before transferring money or other property to a person or place outside the United Kingdom;

(c) a requirement to comply with any specified conditions in relation to the transfer of property to, or by, the individual;

(d) a requirement to disclose to the Secretary of State such details as may be specified of any property that falls within sub-paragraph (3).

(3) Property falls within this sub-paragraph if it is property of a specified description—

(a) in which the individual has an interest of any kind, or

(b) over which, or in relation to which, the individual may exercise any right (including a right of use or a right to grant access).

(4) A reference in this paragraph to the transfer of property includes a reference to the arrangement of such a transfer.

(5) In this paragraph “property” includes rights over, or in relation to, property (including rights of use and rights to grant access); and a reference to the transfer of property includes a reference to the acquisition or disposal of such rights.

Weapons and explosives measure

7

(1) The Secretary of State may impose on the individual—

(a) a prohibition on possessing offensive weapons, imitation firearms or explosives;

(b) a prohibition on making an application for a firearm certificate or a shot gun certificate.

(2) In sub-paragraph (1)(a)—

“offensive weapon” means an article made or adapted for use for causing injury to the person, or intended by the person in possession of it for such use (by that person or another);

“imitation firearm” has the same meaning as in the Firearms Act 1968 or (in relation to Northern Ireland) the Firearms (Northern Ireland) Order 2004 (S.I. 2004/702 (N.I. 3));

“explosive” means anything that is— an explosive within the meaning of the Explosives Act 1875, or an explosive substance within the meaning of the Explosive Substances Act 1883.

(3) For the purposes of sub-paragraph (1)(b)—

(a) an application for a firearm certificate is an application under section 26A of the Firearms Act 1968 or Article 4 of the Firearms (Northern Ireland) Order 2004 (S.I. 2004/702 (N.I. 3));

(b) an application for a shot gun certificate is an application under section 26B of the Firearms Act 1968.

Electronic communication device measure

8

(1) The Secretary of State may impose either or both of the following—

(a) restrictions on the individual’s possession or use of electronic communication devices;

(b) requirements on the individual in relation to the possession or use of electronic communication devices by other persons in the individual's residence.

(2) The Secretary of State may, in particular, impose—

(a) a requirement not to possess or use any devices without the permission of the Secretary of State (subject to sub-paragraph (3));

(b) a requirement that a device may only be possessed or used subject to specified conditions.

(3) The Secretary of State must allow the individual to possess and use (at least) one of each of the following descriptions of device (subject to any conditions on such use as may be specified under sub-paragraph (2)(b))—

(a) a telephone operated by connection to a fixed line;

(b) a computer that provides access to the internet by connection to a fixed line (including any apparatus necessary for that purpose);

(4) The conditions specified under sub-paragraph (2)(b) may, in particular, include conditions in relation to—

(a) the type or make of a device (which may require the individual to use a device that is supplied or modified by the Secretary of State);

(b) the manner in which, or the times at which, a device is used;

(d) the granting to a specified description of person of access to the individual's premises for the purpose of the inspection or modification of a device;

(e) the surrendering to a specified description of person of a device on a temporary basis for the purpose of its inspection or modification at another place;

(f) the disclosure to the Secretary of State of such details as may be specified of any electronic communication device possessed or used by the individual or any other person in the individual’s residence.

(5) An “electronic communication device” means any of the following—

(a) a device that is capable of storing, transmitting or receiving images, sounds or information by electronic means;

(b) a component part of such a device;

(c) an article designed or adapted for use with such a device (including any disc, memory stick, film or other separate article on which images, sound or information may be recorded).

(6) The devices within sub-paragraph (5)(a) include (but are not limited to)—

(a) computers,

(b) telephones (whether mobile telephones or telephones operated by connection to a fixed line),

(c) equipment (not within paragraph (a) or (b)) designed or adapted, or capable of being adapted, for the purpose of connecting to the internet, and

(d) equipment designed or adapted, or capable of being adapted, for the purposes of sending or receiving facsimile transmissions.

Association measure

9

(1) The Secretary of State may impose restrictions on the individual’s association or communication with other persons.

(2) The Secretary of State may, in particular, impose any of the following requirements—

(a) a requirement not to associate or communicate with specified persons, or specified descriptions of persons, without the permission of the Secretary of State;

(b) a requirement to give notice to the Secretary of State before associating or communicating with other persons (whether at all or in specified circumstances);

(c) a requirement to comply with any other specified conditions in connection with associating or communicating with other persons.

(3) An individual associates or communicates with another person if the individual associates or communicates with that person by any means (and for this purpose it is immaterial whether the association or communication is carried out by the individual in person or by or through another individual or means).

Work or studies measure

10

(1) The Secretary of State may impose restrictions on the individual in relation to the individual’s work or studies.

(2) The Secretary of State may, in particular, impose any of the following requirements—

(a) a requirement not to carry out without the permission of the Secretary of State—

(i) specified work or work of a specified description, or

(ii) specified studies or studies of a specified description;

(b) a requirement to give notice to the Secretary of State before carrying out any work or studies;

(3) In this paragraph—

“studies” includes any course of education or training;

“work” includes any business or occupation (whether paid or unpaid).

Reporting measure

11

(1) The Secretary of State may impose a requirement for the individual—

(a) to report to such a police station, at such times and in such manner, as the Secretary of State may by notice require, and

(b) to comply with any directions given by a constable in relation to such reporting.

(2) Such a notice may, in particular, provide that a requirement to report to a police station is not to apply if conditions specified in the notice are met.

Polygraph measure

12

(1) The Secretary of State may impose a requirement for the individual—

(a) to participate in polygraph sessions conducted with a view to—

(i) monitoring the individual’s compliance with other specified measures;

(ii) assessing whether any variation of the specified measures is necessary for purposes connected with preventing or restricting the individual’s involvement in foreign power threat activity,

(b) to participate in those polygraph sessions at such times as may be specified in instructions given by the Secretary of State, and

(c) while participating in a polygraph session, to comply with instructions given to the individual by the polygraph operator.

(2) The Secretary of State may by regulations make provision relating to the conduct of polygraph sessions, which may include in particular—

(a) provision requiring polygraph operators to be persons who satisfy such requirements as to qualifications, experience and other matters as are specified in the regulations;

(b) provision about the keeping of records of polygraph sessions;

(3) The measurement and recording of the physiological reactions of an individual while being questioned in the course of a polygraph examination must be done by means of equipment of a type approved by the Secretary of State.

(4) The following may not be used in evidence against the individual in any proceedings for an offence—

(a) any statement made by the individual while participating in a polygraph session;

(b) any physiological reaction of the individual while being questioned in the course of a polygraph examination.

(5) In this paragraph—

“polygraph examination” means a procedure in which— the polygraph operator questions the individual, the questions and the individual’s answers are recorded, and physiological reactions of the individual while being questioned are measured and recorded;

“polygraph operator” means the person conducting a polygraph session;

“polygraph session” means a session during which the polygraph operator— conducts one or more polygraph examinations of the individual, and interviews the individual in preparation for, or otherwise in connection with, any such examination.

Appointments measure

13

(1) The Secretary of State may impose a requirement for the individual—

(a) to attend appointments with specified persons or persons of specified descriptions, and

(b) to comply with any reasonable directions given by the Secretary of State that relate to matters about which the individual is required to attend an appointment.

(2) A requirement under sub-paragraph (1)(a) is a requirement to attend appointments—

(a) at specified times and places, or

(b) at times and places notified to the individual by persons referred to in that sub-paragraph.

Photography measure

14

The Secretary of State may impose a requirement for the individual to allow photographs to be taken of the individual at such locations and at such times as the Secretary of State may by notice require.

Monitoring measure

15

(1) The Secretary of State may impose requirements for the individual to co-operate with specified arrangements for enabling the individual’s movements, communications or other activities to be monitored by electronic or other means.

(2) The Secretary of State may, in particular, impose any of the following requirements for co-operation with the specified arrangements—

(a) a requirement to submit to procedures required by the arrangements;

(b) a requirement to wear or otherwise use apparatus approved by or in accordance with the arrangements;

(d) a requirement to comply with directions given by persons carrying out functions for the purposes of the arrangements.

(3) Directions under sub-paragraph (2)(d) may include directions requiring the individual to grant access to the individual’s residence for the purpose of the inspection or modification of any apparatus used or maintained under the arrangements.

Provision of residence information measure

16

(1) The Secretary of State may impose a requirement for the individual to disclose to the Secretary of State—

(a) the address of the individual’s residence;

(b) if the individual resides at multiple occupancy premises, such details as may be specified concerning where, in the premises, the individual’s residence is located;

(c) such details as may be specified in relation to any change (or anticipated change) in the matters referred to in paragraphs (a) and (b).

(2) The Secretary of State may impose a requirement for the individual to comply with any other specified conditions in connection with the disclosure of information within sub-paragraph (1).

(3) “Multiple occupancy premises” are premises at which two or more individuals who are not members of the same household reside.

Part 2 — Permission and notices

Permission

17

(1) Any application by an individual for permission must be made in writing.

(2) The Secretary of State may by notice specify—

(a) the information to be supplied on an application, and

(b) the time by which the application is to be made.

(3) A notice under sub-paragraph (2) may make different provision for different measures.

(4) The Secretary of State may by notice request the provision, within such period of time as the notice may specify, of further information from the individual in connection with an application received under sub-paragraph (1).

(5) The Secretary of State is not required to consider an application further unless any information requested under sub-paragraph (4) is provided in accordance with the notice mentioned in that sub-paragraph.

(6) Permission on an application is granted by the Secretary of State giving notice to the individual.

(7) Permission may be granted subject to such conditions as the Secretary of State may by notice specify.

(8) In this paragraph “permission” means permission in connection with a requirement or restriction imposed under Part 1 of this Schedule.

Notices

18

(1) This paragraph applies for the purposes of any notice given by the individual to the Secretary of State in connection with measures imposed under Part 1 of this Schedule (“a Schedule 7 notice”).

(2) The Secretary of State may by notice specify—

(a) the information to be supplied in a Schedule 7 notice, and

(b) the time by which a Schedule 7 notice is to be given.

(3) A notice under sub-paragraph (2) may make different provision for different measures.

(4) The Secretary of State may by notice request the provision, within such period of time as the notice may specify, of further information from the individual in connection with a Schedule 7 notice received from the individual.

(5) A requirement on the individual to give a Schedule 7 notice is not complied with unless and until the individual has received notice from the Secretary of State—

(a) that the Schedule 7 notice has been received, and

(b) that no (or no further) information is required under sub-paragraph (4) in relation to the Schedule 7 notice.

Power of Secretary of State to vary or revoke notices

19

The Secretary of State may vary or revoke a notice given by the Secretary of State under this Schedule.

Schedule 8

Application

1

This Schedule applies if the Secretary of State—

(a) makes the relevant decisions in relation to an individual, and

(b) imposes measures on the individual.

Statement of urgency

2

The Part 2 notice must include a statement that the Secretary of State reasonably considers that the urgency of the case requires measures to be imposed without obtaining the permission of the court under section 42.

Reference to court

3

(1) Immediately after serving the Part 2 notice, the Secretary of State must refer to the court the imposition of the measures on the individual.

(2) The function of the court on the reference is to consider whether the relevant decisions of the Secretary of State were obviously flawed.

(3) The court’s consideration of the reference must begin within the period of 7 days beginning with the day on which the Part 2 notice is served on the individual.

(4) The court may consider the reference—

(a) in the absence of the individual,

(b) without the individual having been notified of the reference, and

(c) without the individual having been given an opportunity (if the individual was aware of the reference) of making any representations to the court.

(5) But that does not limit the matters about which rules of court may be made.

Decision by court

4

(1) In a case where the court determines that a decision of the Secretary of State that condition A, condition B or condition C is met is obviously flawed, the court must quash the Part 2 notice.

(2) In a case where the court determines that a decision of the Secretary of State that condition D is met is obviously flawed, the court must quash those of the measures which it determines that decision relates to.

(3) If sub-paragraph (1) does not apply, the court must confirm the Part 2 notice (subject to any quashing of measures under sub-paragraph (2)).

(4) If the court determines that the Secretary of State’s decision that the urgency condition is met is obviously flawed, the court must make a declaration of that determination (whether it quashes or confirms the Part 2 notice under the preceding provisions of this paragraph).

Procedures on reference

5

(1) In determining a reference under paragraph 3, the court must apply the principles applicable on an application for judicial review.

(2) The court must ensure that the individual is notified of the court's decision on a reference under paragraph 3.

Interpretation

6

(1) References in this Schedule to the urgency condition being met are references to condition E being met by virtue of section 40 (5)(b) (urgency of the case requires measures to be imposed without obtaining the permission of the court).

(2) In this Schedule “relevant decisions” means the decisions that the following conditions are met—

(a) condition A;

(b) condition B;

(d) condition D;

(e) the urgency condition.

Schedule 9

1

An individual who has been convicted of an offence under section 56 (1) may appeal against the conviction if—

(a) a Part 2 notice, the extension of a Part 2 notice, or the revival of a Part 2 notice is quashed, or measures specified in a Part 2 notice are quashed, and

(b) the individual could not have been convicted had the quashing occurred before the proceedings for the offence were brought.

2

An appeal under this Schedule is to be made—

(a) in the case of a conviction on indictment in England and Wales or Northern Ireland, to the Court of Appeal,

(b) in the case of a conviction on indictment in Scotland, to the High Court of Justiciary,

(d) in the case of a summary conviction in Scotland, to the Sheriff Appeal Court, or

(e) in the case of a summary conviction in Northern Ireland, to the county court.

3

(1) The right of appeal under this Schedule does not arise until there is no further possibility of an appeal against—

(a) the decision to quash the notice, extension, revival or measures, or

(b) any decision on an appeal made against that decision.

(2) In determining whether there is no further possibility of an appeal against a decision of the kind mentioned in sub-paragraph (1), any power to extend the time for giving notice of application for leave to appeal, or for applying for leave to appeal, must be ignored.

4

(1) On an appeal under this Schedule to any court, that court must allow the appeal and quash the conviction.

(2) An appeal under this Schedule to the Court of Appeal against a conviction on indictment in England and Wales or Northern Ireland—

(a) may be brought irrespective of whether the appellant has previously appealed against the conviction,

(b) may not be brought after the end of the period of 28 days beginning with the day on which the right of appeal arises by virtue of paragraph 3, and

(c) is to be treated as an appeal under section 1 of the Criminal Appeal Act 1968 or, in Northern Ireland, under section 1 of the Criminal Appeal (Northern Ireland) Act 1980, but does not require leave in either case.

(3) An appeal under this Schedule to the High Court of Justiciary against a conviction on indictment in Scotland—

(a) may be brought irrespective of whether the appellant has previously appealed against the conviction,

(b) may not be brought after the end of the period of 28 days beginning with the day on which the right of appeal arises by virtue of paragraph 3, and

(c) is to be treated as an appeal under section 106 of the Criminal Procedure (Scotland) Act 1995 for which leave has been granted.

(4) An appeal under this Schedule to the Crown Court against a summary conviction in England and Wales—

(a) may be brought irrespective of whether the appellant pleaded guilty,

(b) may be brought irrespective of whether the appellant has previously appealed against the conviction or made an application in respect of the conviction under section 111 of the Magistrates’ Courts Act 1980 (case stated),

(c) may not be brought after the end of the period of 21 days beginning with the day on which the right of appeal arises by virtue of paragraph 3, and

(d) is to be treated as an appeal under section 108(1)(b) of the Magistrates' Courts Act 1980.

(5) An appeal under this Schedule to the Sheriff Appeal Court against a summary conviction in Scotland—

(a) may be brought irrespective of whether the appellant pleaded guilty,

(b) may be brought irrespective of whether the appellant has previously appealed against the conviction,

(c) may not be brought after the end of the period of two weeks beginning with the day on which the right of appeal arises by virtue of paragraph 3,

(d) is to be by note of appeal, which shall state the ground of appeal,

(e) is to be treated as an appeal for which leave has been granted under Part 10 of the Criminal Procedure (Scotland) Act 1995, and

(f) must be in accordance with such procedure as the High Court of Justiciary may, by Act of Adjournal, determine.

(6) An appeal under this Schedule to the county court against a summary conviction in Northern Ireland—

(a) may be brought irrespective of whether the appellant pleaded guilty,

(b) may be brought irrespective of whether the appellant has previously appealed against the conviction or made an application in respect of the conviction under Article 146 of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) (case stated),

(c) may not be brought after the end of the period of 21 days beginning with the day on which the right of appeal arises by virtue of paragraph 3, and

(d) is to be treated as an appeal under Article 140(1)(b) of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)).

Schedule 10

Introductory

1

In this Schedule—

“appeal proceedings” means proceedings in the Court of Appeal or the Inner House of the Court of Session on an appeal relating to relevant proceedings;

“the relevant court” means—in relation to relevant proceedings, the court;in relation to appeal proceedings, the Court of Appeal or the Inner House of the Court of Session;

“rules of court” means rules for regulating the practice and procedure to be followed in the court, the Court of Appeal or the Inner House of the Court of Session.

Rules of court: general provision

2

(1) A person making rules of court relating to relevant proceedings or appeal proceedings must have regard to the need to secure the following—

(a) that the decisions that are the subject of the proceedings are properly reviewed, and

(b) that disclosures of information are not made where they would be contrary to the public interest.

(2) Rules of court relating to relevant proceedings or appeal proceedings may make provision—

(a) about the mode of proof and about evidence in the proceedings;

(b) enabling or requiring the proceedings to be determined without a hearing;

(d) enabling the proceedings to take place without full particulars of the reasons for the decisions to which the proceedings relate being given to a party to the proceedings (or to any legal representative of that party);

(e) enabling the relevant court to conduct proceedings in the absence of any person, including a party to the proceedings (or any legal representative of that party);

(f) about the functions of a person appointed as a special advocate (see paragraph 10);

(g) enabling the court to give a party to the proceedings a summary of evidence taken in the party’s absence.

(3) In this paragraph—

(a) references to a party to the proceedings do not include the Secretary of State;

(b) references to a party’s legal representative do not include a person appointed as a special advocate.

(4) Nothing in this paragraph is to be read as restricting the power to make rules of court or the matters to be taken into account when doing so.

Rules of court: disclosure

3

(1) Rules of court relating to relevant proceedings or appeal proceedings must secure that the Secretary of State is required to disclose—

(a) material on which the Secretary of State relies,

(b) material which adversely affects the Secretary of State’s case, and

(2) This paragraph is subject to paragraph 4.

4

(1) Rules of court relating to relevant proceedings or appeal proceedings must secure—

(a) that the Secretary of State has the opportunity to make an application to the relevant court for permission not to disclose material otherwise than to the relevant court and any person appointed as a special advocate;

(b) that such an application is always considered in the absence of every party to the proceedings (and every party’s legal representative);

(c) that the relevant court is required to give permission for material not to be disclosed if it considers that the disclosure of the material would be contrary to the public interest;

(d) that, if permission is given by the relevant court not to disclose material, it must consider requiring the Secretary of State to provide a summary of the material to every party to the proceedings (and every party’s legal representative);

(e) that the relevant court is required to ensure that such a summary does not contain material the disclosure of which would be contrary to the public interest.

(2) Rules of court relating to relevant proceedings or appeal proceedings must secure that provision to the effect mentioned in sub-paragraph (3) applies in cases where the Secretary of State—

(a) does not receive the permission of the relevant court to withhold material, but elects not to disclose it, or

(b) is required to provide a party to the proceedings with a summary of material that is withheld, but elects not to provide the summary.

(3) The relevant court must be authorised—

(a) if it considers that the material or anything that is required to be summarised might adversely affect the Secretary of State’s case or support the case of a party to the proceedings, to direct that the Secretary of State—

(i) is not to rely on such points in the Secretary of State’s case, or

(ii) is to make such concessions or take such other steps as the court may specify, or

(b) in any other case, to ensure that the Secretary of State does not rely on the material or (as the case may be) on that which is required to be summarised.

(4) In this paragraph—

(a) references to a party to the proceedings do not include the Secretary of State;

(b) references to a party’s legal representative do not include a person appointed as a special advocate.

Article 6 rights

5

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