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

(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

(1) Nothing in paragraphs 2 to 4, or in rules of court made under any of those paragraphs, is to be read as requiring the relevant court to act in a manner inconsistent with Article 6 of the Human Rights Convention.

(2) The “Human Rights Convention” means the Convention within the meaning of the Human Rights Act 1998 (see section 21(1) of that Act).

Rules of court: anonymity

6

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

(a) the making by the Secretary of State or the relevant individual of an application to the court for an order requiring anonymity for that individual, and

(b) the making by the court, on such an application, of an order requiring such anonymity,

and the provision made by the rules may allow the application and the order to be made irrespective of whether any other relevant proceedings have been begun in the court.

(2) Rules of court may provide for the Court of Appeal or the Inner House of the Court of Session to make an order in connection with any appeal proceedings requiring anonymity for the relevant individual.

(3) In sub-paragraphs (1) and (2) the references, in relation to a court, to an order requiring anonymity for the relevant individual are references to an order by that court which imposes such prohibition or restriction as it thinks fit on the disclosure—

(a) by such persons as the court specifies or describes, or

(b) by persons generally,

of the identity of the relevant individual or of any information that would tend to identify the relevant individual.

(4) In this paragraph “relevant individual” means an individual on whom the Secretary of State is proposing to impose, or has imposed, measures.

Initial exercise of rule-making powers by Lord Chancellor

7

(1) The first time that rules of court are made in exercise of the powers conferred by this Schedule in relation to proceedings in England and Wales or in Northern Ireland, the rules may be made by the Lord Chancellor instead of by the person who would otherwise make them.

(2) Before making rules of court under sub-paragraph (1), the Lord Chancellor must consult—

(a) in relation to rules applicable to proceedings in England and Wales, the Lord Chief Justice of England and Wales;

(b) in relation to rules applicable to proceedings in Northern Ireland, the Lord Chief Justice of Northern Ireland.

(3) But the Lord Chancellor is not required to undertake any other consultation before making the rules.

(4) A requirement to consult under sub-paragraph (2) may be satisfied by consultation that took place wholly or partly before this Schedule comes into force.

(5) Rules of court made by the Lord Chancellor under sub-paragraph (1)—

(a) must be laid before Parliament, and

(b) if not approved by a resolution of each House before the end of 40 days beginning with the day on which they were made, cease to have effect at the end of that period.

(6) In determining that period of 40 days no account is to be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days.

(7) If rules cease to have effect in accordance with sub-paragraph (5)—

(a) that does not affect anything done in previous reliance on the rules, and

(b) sub-paragraph (1) applies again as if the rules had not been made.

(8) The following provisions do not apply to rules of court made by the Lord Chancellor under this paragraph—

(a) section 3(6) of the Civil Procedure Act 1997 (Parliamentary procedure for civil procedure rules);

(b) section 56(1), (2) and (4) of the Judicature (Northern Ireland) Act 1978 (statutory rules procedure).

(9) Until the coming into force of section 85 of the Courts Act 2003, the reference in sub-paragraph (8)(a) to section 3(6) of the Civil Procedure Act 1997 is to be read as a reference to section 3(2) of that Act.

Use of advisers

8

(1) In any relevant proceedings or appeal proceedings the relevant court may if it thinks fit—

(a) call in aid one or more advisers appointed for the purposes of this paragraph by the Lord Chancellor, and

(b) hear and dispose of the proceedings with the assistance of the adviser or advisers.

(2) The Lord Chancellor may appoint advisers for the purposes of this paragraph only with the approval of—

(a) the Lord President of the Court of Session, in relation to an adviser who may be called in aid wholly or mainly in Scotland;

(b) the Lord Chief Justice of Northern Ireland, in relation to an adviser who may be called in aid wholly or mainly in Northern Ireland;

(3) Rules of court may regulate the use of advisers in proceedings who are called in aid under sub-paragraph (1).

(4) The Lord Chancellor may pay such remuneration, expenses and allowances to advisers appointed for the purposes of this paragraph as the Lord Chancellor may determine.

9

(1) The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise the function under paragraph 8 (2)(a).

(2) The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise the function under paragraph 8 (2)(b)—

(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).

(3) The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise the function under paragraph 8 (2)(c).

Appointment of special advocate

10

(1) The appropriate law officer may appoint a person to represent the interests of a party in any relevant proceedings or appeal proceedings from which the party (and any legal representative of the party) is excluded.

(2) A person appointed under sub-paragraph (1) is referred to in this Schedule as appointed as a “special advocate”.

(3) The “appropriate law officer” is—

(a) in relation to proceedings in England and Wales, the Attorney General;

(b) in relation to proceedings in Scotland, the Advocate General for Scotland;

(4) A person appointed as a special advocate is not responsible to the party to the proceedings whose interests the person is appointed to represent.

(5) A person may be appointed as a special advocate only if—

(a) in the case of an appointment by the Attorney General, the person has a general qualification for the purposes of section 71 of the Courts and Legal Services Act 1990;

(b) in the case of an appointment by the Advocate General for Scotland, the person is an advocate or a solicitor who has rights of audience in the Court of Session or the High Court of Justiciary by virtue of section 25A of the Solicitors (Scotland) Act 1980;

(c) in the case of an appointment by the Advocate General for Northern Ireland, the person is a member of the Bar of Northern Ireland.

Schedule 11

Introductory

1

This Schedule confers powers of entry, search, seizure and retention on constables in connection with the imposition of measures on individuals.

2

A power conferred on a constable by virtue of this Schedule—

(a) is additional to powers which the constable has at common law or by virtue of any other enactment, and

(b) is not to be taken as affecting those powers.

3

A constable may detain an individual for the purpose of carrying out a search of that individual under a power conferred by virtue of this Schedule.

4

A constable may use reasonable force, if necessary, for the purpose of exercising a power conferred on the constable by virtue of this Schedule.

Entry and search for purposes of serving a Part 2 notice

5

(1) For the purpose of serving a relevant notice on an individual, a constable may—

(a) enter any premises where the constable has reasonable grounds for believing the individual to be, and

(b) search those premises for that individual.

(2) A “relevant notice” means—

(a) a Part 2 notice;

(b) a notice under section 41 (2) extending a Part 2 notice;

(d) a notice under section 49 (6) reviving a Part 2 notice.

Search of individual or premises at time of serving a Part 2 notice

6

(1) This paragraph applies if a Part 2 notice is being, or has just been, served on an individual.

(2) A constable may (without a warrant)—

(a) search the individual for the purpose mentioned in sub-paragraph (3);

(b) enter and search, for that purpose, any premises mentioned in sub-paragraph (4).

(3) The purpose is that of ascertaining whether there is anything on the individual, or (as the case may be) in the premises, that contravenes measures specified in the Part 2 notice.

(4) The premises referred to in sub-paragraph (2)(b) are—

(a) the individual’s place of residence;

(b) other premises to which the individual has power to grant access.

(5) A constable may seize anything that the constable finds in the course of a search carried out under a power conferred by this paragraph—

(a) for the purpose of ascertaining whether measures specified in the Part 2 notice are being or are about to be contravened by the individual;

(b) for the purpose of securing compliance by the individual with measures specified in the Part 2 notice;

(i) the thing is or contains evidence in relation to an offence, and

(ii) it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed.

Search of premises on suspicion of absconding

7

(1) This paragraph applies if a constable reasonably suspects that an individual in respect of whom a Part 2 notice is in force has absconded.

(2) The constable may (without a warrant) enter and search any premises mentioned in sub-paragraph (3)—

(a) for the purposes of determining whether the individual has absconded;

(b) if it appears that the individual has absconded, for anything that may assist in the pursuit and arrest of the individual.

(3) The premises referred to in sub-paragraph (2) are—

(a) the individual's place of residence;

(b) other premises to which the individual has power to grant access;

(c) any premises to which the individual had power to grant access and with which there is reason to believe that the individual is or was recently connected.

(4) A constable may seize anything that the constable finds in the course of a search carried out under a power conferred by this paragraph—

(a) if the constable reasonably believes that the thing will assist in the pursuit or arrest of the individual;

(b) if the constable has reasonable grounds for suspecting that—

(i) the thing is or contains evidence in relation to an offence, and

(ii) it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed.

Search for compliance purposes

8

(1) A constable may apply for the issue of a warrant under this paragraph for the purpose of determining whether an individual in respect of whom a Part 2 notice is in force is complying with measures specified in the notice.

(2) A warrant under this paragraph may authorise a constable to do either or both of the following—

(a) to search the individual;

(b) to enter and search the individual’s place of residence or any other premises that are specified in the warrant.

(3) An application for a warrant under this paragraph must be made to the appropriate judicial authority.

(4) The appropriate judicial authority may, on such an application, grant the warrant only if satisfied that the warrant is necessary for the purpose mentioned in sub-paragraph (1).

(5) A constable may seize anything that the constable finds in the course of a search carried out under a power conferred by a warrant issued under this paragraph—

(a) for the purpose of ascertaining whether any measure specified in the Part 2 notice has been, is being, or is about to be, contravened by the individual;

(b) for the purpose of securing compliance by the individual with measures specified in the Part 2 notice;

(i) the thing is or contains evidence in relation to an offence, and

(ii) it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed.

(6) In this paragraph “appropriate judicial authority”, in relation to a warrant, means—

(a) a justice of the peace, if the application for the warrant is made in England or Wales;

(b) a sheriff, if the application is made in Scotland;

9

(1) This paragraph applies in relation to a warrant issued in England, Wales or Northern Ireland under paragraph 8 so far as it authorises a constable to search an individual.

(2) In relation to warrants issued under that paragraph so far as authorising the entry and search of premises, see—

(a) sections 15 and 16 of the Police and Criminal Evidence Act 1984, in relation to warrants issued in England and Wales;

(b) Articles 17 and 18 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)), in relation to warrants issued in Northern Ireland.

(3) The constable applying for the warrant must—

(a) state the ground on which the application is made, and

(b) identify, so far as practicable, the articles to be sought.

(4) The application for the warrant is to be made without notice and—

(a) if made in England or Wales, supported by an information in writing;

(b) if made in Northern Ireland, supported by a complaint in writing and substantiated on oath.

(5) The constable must answer on oath any questions that the appropriate judicial authority (within the meaning of paragraph 8) hearing the application may ask of the constable.

(6) If the warrant is issued it authorises a search of the individual on one occasion only.

(7) The warrant must—

(a) specify the name of the constable applying for it, the date on which it is issued and the fact that it is issued under paragraph 8, and

(b) identify, so far as practicable, the articles to be sought.

(8) Two copies must be made of the warrant and clearly certified as copies.

(9) The warrant may be executed by any constable.

(10) The search under the warrant must be carried out within 28 days of its issue.

(11) The search must be carried out at a reasonable hour unless it appears to the constable executing the warrant that the purposes of the search may be frustrated if carried out then.

(12) The constable seeking to execute the warrant must, before carrying out the search—

(a) identify himself or herself to the individual,

(b) if not in uniform, produce documentary evidence that he or she is a constable to the individual,

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