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

(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,

(d) supply the individual with a copy of the warrant (which, in Northern Ireland, must be a certified copy).

(13) The constable executing the warrant must make an endorsement on it stating—

(a) whether anything sought was found in the course of the search, and

(b) whether anything was seized.

(14) When the warrant has been executed it must be returned to the designated officer.

(15) The designated officer must retain a warrant returned under sub-paragraph (14) for a period of 12 months from the time of its return and, if requested during that period, allow the individual to inspect it.

(16) The “designated officer” is—

(a) in relation to a warrant issued in England and Wales, the designated officer for the local justice area in which the justice of the peace who issued the warrant was acting when it was issued;

(b) in relation to a warrant issued in Northern Ireland, the clerk of petty sessions.

Search of individual for public safety purposes

10

(1) A constable may (without a warrant) search an individual in respect of whom a Part 2 notice is in force for the purpose of ascertaining whether the individual is in possession of anything that could be used to threaten or harm any person.

(2) The power of a constable to search the individual under this paragraph may be exercised—

(a) following entry onto premises by virtue of this Part, or

(b) at any other time when the constable is in the presence of the individual.

(3) 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 has reasonable grounds for suspecting that the thing may be used to threaten or harm any person;

(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 to prevent it being concealed, lost, damaged, altered or destroyed.

Power to retain items

11

(1) Anything that is seized under a power conferred by virtue of this Schedule may be—

(a) subjected to tests;

(b) retained for as long as is necessary in all the circumstances.

(2) In particular (and regardless of the ground on which the thing was seized)—

(a) if a constable has reasonable grounds for believing that the thing is or contains evidence in relation to an offence, it may be retained—

(i) for use as evidence at a trial for an offence, or

(ii) for forensic examination or for investigation in connection with an offence, and

(b) if a constable has reasonable grounds for believing that the thing has been obtained in consequence of the commission of an offence, it may be retained in order to establish its lawful owner.

(3) Nothing may be retained for either of the purposes mentioned in sub-paragraph (2)(a) if a photograph or copy would be sufficient for that purpose.

(4) Nothing in this paragraph or in paragraph 12 affects any power of a court to make an order under section 1 of the Police (Property) Act 1897.

12

(1) This paragraph applies if—

(a) a device is surrendered by virtue of a condition of the kind mentioned in paragraph 8 (4)(e) of Schedule 7 (surrendering of electronic communication devices for inspection or modification purposes), and

(b) a constable has reasonable grounds for believing that the device is or contains evidence in relation to an offence.

(2) The device may be seized and retained for as long as is necessary in all the circumstances.

(3) In particular—

(a) the thing may be retained—

(i) for use as evidence at a trial for an offence, or

(ii) for forensic examination or for investigation in connection with an offence, and

(b) if a constable has reasonable grounds for believing that the device has been obtained in consequence of the commission of an offence, it may be retained in order to establish its lawful owner.

(4) Nothing may be retained for either of the purposes mentioned in sub-paragraph (3)(a) if a photograph or copy would be sufficient for that purpose.

Schedule 12

Taking of fingerprints and samples: England, Wales and Northern Ireland

1

(1) This paragraph applies at any time when a Part 2 notice is in force in respect of an individual in England, Wales or Northern Ireland.

(2) A constable may take fingerprints or a non-intimate sample from the individual—

(a) with the consent of the individual given in writing, or

(b) without that consent.

(3) A constable may use reasonable force, if necessary, for the purpose of exercising the power under sub-paragraph (2)(b).

(4) Before any fingerprints or a non-intimate sample are taken the individual must be informed—

(a) of the reason for taking the fingerprints or sample,

(b) of the fact that the fingerprints or sample are taken under the power conferred by this paragraph, and

(5) The matters mentioned in sub-paragraph (4) must be recorded as soon as practicable after the fingerprints or non-intimate sample are taken.

(6) The information mentioned in sub-paragraph (4) must be given by—

(a) the constable taking the fingerprints or non-intimate sample, or

(b) if the fingerprints or non-intimate sample are taken at a police station (see paragraph 3), any other officer.

(7) Where a sample of hair other than pubic hair is to be taken under this paragraph, the sample may be taken either by cutting hairs or by plucking hairs with their roots so long as no more are plucked than the person taking the sample reasonably considers to be necessary for a sufficient sample.

2

(1) A constable may exercise the power under paragraph 1 to take fingerprints or a non-intimate sample from an individual only if at the time when the power is to be exercised—

(a) in the case of fingerprints, the condition in sub-paragraph (2) is met;

(b) in the case of a sample, the condition in sub-paragraph (3) is met.

(2) The condition in the case of fingerprints is that—

(a) the individual has not had fingerprints taken under paragraph 1 on a previous occasion after the time at which the present Part 2 notice came into force, or

(b) fingerprints were so taken on a previous occasion after that time but—

(i) the fingerprints taken do not constitute a complete set of the individual's fingerprints, or

(ii) some or all of the fingerprints taken are not of sufficient quality to allow satisfactory analysis, comparison or matching.

(3) The condition in the case of a non-intimate sample is that—

(a) the individual has not had a sample of the same type and from the same part of the body taken under paragraph 1 on a previous occasion after the time at which the present Part 2 notice came into force, or

(b) a sample was so taken on a previous occasion after that time but it proved insufficient.

(4) In this paragraph “the present Part 2 notice” means the Part 2 notice in force at the time when it is proposed to exercise the power to take the fingerprints or sample.

3

(1) A constable may—

(a) require an individual to attend a police station for the purposes of taking fingerprints or a non-intimate sample from the individual under paragraph 1, and

(b) arrest without warrant an individual who fails to comply with such a requirement.

(2) A requirement under sub-paragraph (1)(a)—

(a) must give the individual a period of at least 7 days within which the individual must attend the police station (subject to sub-paragraph (4)), and

(b) may direct the individual to attend at a specified time of day or between specified times of day.

(3) In specifying a period or time or times of day for the purposes of sub-paragraph (2), the constable must consider whether the fingerprints or non-intimate sample could reasonably be taken at a time when the individual is for any other reason required to attend the police station (including, in particular, under measures imposed on the individual by virtue of paragraph 11 of Schedule 7).

(4) In giving a requirement under this paragraph a constable may specify a period of shorter than 7 days if—

(a) there is an urgent need for the fingerprints or sample for the purposes of the investigation of an offence, and

(b) the shorter period is authorised by an officer of at least the rank of inspector.

(5) Where an authorisation is given under sub-paragraph (4)(b)—

(a) the fact of the authorisation, and

(b) the reasons for giving it,

must be recorded as soon as practicable after it has been given.

(6) If the constable who gives a requirement to an individual under this paragraph and the individual agree, it may be varied so as to specify any period within which, or date or time at which, the individual must attend; but a variation does not have effect unless confirmed by the constable in writing.

Taking of relevant physical data and samples: Scotland

4

(1) This paragraph applies at any time when a Part 2 notice is in force in respect of an individual in Scotland.

(2) A constable may—

(a) take from the individual, or require the individual to provide, any relevant physical data;

(b) with the authority of an officer of a rank no lower than inspector, take from the individual any sample mentioned in paragraph (a), (b) or (c) of subsection (6) of section 18 of the Criminal Procedure (Scotland) Act 1995 (prints, samples etc in criminal investigations) by the means specified in that paragraph in relation to the sample;

(c) take, or direct a police custody and security officer to take, from the individual a sample mentioned in subsection (6A) of that section by the means specified in that subsection.

(3) A constable may—

(a) require the individual to attend a police station for the purposes mentioned in sub-paragraph (2), and

(b) arrest without warrant an individual who fails to comply with such a requirement.

(4) A requirement under sub-paragraph (3)(a)—

(a) must give the individual at least 7 days’ notice of the date on which the individual is required to attend the police station, and

(b) may direct the individual to attend at a specified time of day or between specified times of day.

(5) In specifying a date or time or times of day for the purposes of sub-paragraph (4), the constable must consider whether the relevant physical data or sample could reasonably be taken at a time when the individual is for any other reason required to attend the police station (including, in particular, under measures imposed on the individual by virtue of paragraph 11 of Schedule 7).

(6) A constable may use reasonable force, if necessary, in—

(a) taking any relevant physical data under sub-paragraph (2)(a),

(b) securing compliance with a requirement imposed by the constable under that sub-paragraph, or

(7) A constable may, with the authority of an officer of a rank no lower than inspector, use reasonable force, if necessary, in taking any sample under sub-paragraph (2)(c).

(8) In this paragraph “police custody and security officer” has the same meaning as in Part 1 of the Police and Fire Reform (Scotland) Act 2012 (asp 8) (see section 99 of that Act).

Checking of fingerprints, samples etc

5

Any fingerprints, data or samples obtained under paragraph 1 or 4, or information derived from such samples, may be checked against—

(a) other such fingerprints, data or samples or any information derived from such samples;

(b) any fingerprints or samples taken under paragraph 10 or 12 of Schedule 6 or any information derived from such samples;

(c) any fingerprints, samples or information mentioned in section 63A(1)(a) or (b) of the Police and Criminal Evidence Act 1984;

(d) any fingerprints, samples or information mentioned in Article 63A(1)(a) and (b) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12));

(e) any fingerprints or samples taken under paragraph 10 or 12 of Schedule 8 to the Terrorism Act 2000 or any information derived from such samples;

(f) any of the relevant physical data, samples or information mentioned in section 19C(1) of the Criminal Procedure (Scotland) Act 1995;

(g) any of the relevant physical data, samples or information held by virtue of section 56 of the Criminal Justice (Scotland) Act 2003 (asp 7);

(h) material to which section 18 of the Counter-Terrorism Act 2008 applies;

(i) any of the fingerprints, data or samples obtained under paragraph 1 or 4 of Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011, or information derived from such samples;

(j) any fingerprints or samples taken under paragraph 34 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019 or any information derived from such samples.

Requirement to destroy material

6

(1) This paragraph applies to—

(a) fingerprints taken under paragraph 1,

(b) a DNA profile derived from a DNA sample taken under that paragraph,

(d) a DNA profile derived from a DNA sample taken under that paragraph.

(2) Fingerprints, relevant physical data and DNA profiles to which this paragraph applies (“paragraph 6 material”) must be destroyed if it appears to the responsible chief officer of police that the taking or providing of the material or, in the case of a DNA profile, the taking of the sample from which the DNA profile was derived, was unlawful.

(3) In any other case, paragraph 6 material must be destroyed unless it is retained under a power conferred by paragraph 8, 9, or 11.

(4) Paragraph 6 material that ceases to be retained under a power mentioned in sub-paragraph (3) may continue to be retained under any other such power that applies to it.

(5) Nothing in this paragraph prevents a relevant search from being carried out, in relation to paragraph 6 material, within such time as may reasonably be required for the search if the responsible chief officer of police considers the search to be desirable.

7

(1) If fingerprints or relevant physical data are required by paragraph 6 to be destroyed, any copies of the fingerprints or data held by a police force must also be destroyed.

(2) If a DNA profile is required by that paragraph to be destroyed, no copy may be retained by a police force except in a form which does not include information which identifies the individual to whom the DNA profile relates.

Retention of paragraph 6 material

8

(1) This paragraph applies to paragraph 6 material taken from, or provided by, an individual who has no previous convictions or (in the case of England and Wales or Northern Ireland) only one exempt conviction.

(2) The material may be retained until the end of the period of 6 months beginning with the date on which the Part 2 notice that was in force when the material was taken ceases to be in force (subject to sub-paragraphs (3) and (4)).

(3) If, before the end of that period, the Part 2 notice is quashed by the court under this Part, the material may be retained only until there is no possibility of an appeal against—

(a) the decision to quash the notice, or

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

(4) If, after a Part 2 notice is quashed or otherwise ceases to be in force, measures are imposed on the individual (whether by the revival of a Part 2 notice or the imposition of a new Part 2 notice)—

(a) within the period for which material in relation to the individual is retained by virtue of sub-paragraph (2), or

(b) within, or immediately after the end of, the period for which such material is retained by virtue of sub-paragraph (3),

sub-paragraphs (2) and (3) apply again for the purposes of the retention of that material (taking references to the Part 2 notice as references to the revived or new Part 2 notice).

(5) In determining whether there is no further possibility of an appeal against a decision of the kind mentioned in sub-paragraph (3), 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.

9

(1) This paragraph applies to paragraph 6 material taken from, or provided by, an individual—

(a) who has been convicted of a recordable offence (other than a single exempt conviction) or of an offence in Scotland which is punishable by imprisonment, or

(b) who is so convicted before the end of the period within which the material may be retained by virtue of paragraph 8.

(2) The material may be retained indefinitely.

10

(1) For the purposes of paragraphs 8 and 9 an individual is to be treated as having been convicted of an offence if—

(a) in relation to a recordable offence in England and Wales or Northern Ireland—

(i) the individual has been given a caution or youth caution in respect of the offence which, at the time of the caution, the individual has admitted,

(ii) the individual has been found not guilty of the offence by reason of insanity, or

(iii) the individual has been found to be under a disability and to have done the act charged in respect of the offence,

(b) the individual, in relation to an offence in Scotland punishable by imprisonment, has accepted or has been deemed to accept—

(i) a conditional offer under section 302 of the Criminal Procedure (Scotland) Act 1995,

(ii) a compensation offer under section 302A of that Act,

(iii) a combined offer under section 302B of that Act, or

(iv) a work offer under section 303ZA of that Act,

(c) the individual, in relation to an offence in Scotland punishable by imprisonment, has been acquitted on account of the individual’s insanity at the time of the offence or (as the case may be) by virtue of section 51A of the Criminal Procedure (Scotland) Act 1995,

(d) a finding in respect of the individual has been made under section 55(2) of the Criminal Procedure (Scotland) Act 1995 in relation to an offence in Scotland punishable by imprisonment,

(e) the individual, having been given a fixed penalty notice under section 129(1) of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8) in connection with an offence in Scotland punishable by imprisonment, has paid—

(i) the fixed penalty, or

(ii) (as the case may be) the sum which the individual is liable to pay by virtue of section 131(5) of that Act, or

(f) the individual, in relation to an offence in Scotland punishable by imprisonment, has been discharged absolutely by order under section 246(3) of the Criminal Procedure (Scotland) Act 1995.

(2) Paragraphs 8, 9 and this paragraph, so far as they relate to individuals convicted of an offence, have effect despite anything in the Rehabilitation of Offenders Act 1974 or the Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27)).

(3) But a person is not to be treated as having been convicted of an offence if that conviction is a disregarded conviction or caution by virtue of section 92 or 101A of the Protection of Freedoms Act 2012.

(4) For the purposes of paragraphs 8 and 9—

(a) an individual has no previous convictions if the individual has not previously been convicted—

(i) in England and Wales or Northern Ireland of a recordable offence, or

(ii) in Scotland of an offence which is punishable by imprisonment, and

(b) if the individual has previously been convicted of a recordable offence in England and Wales or Northern Ireland, the conviction is exempt if it is in respect of a recordable offence, other than a qualifying offence, committed when the individual was aged under 18.

(5) In sub-paragraph (4) “qualifying offence”—

(a) in relation to a conviction in respect of a recordable offence committed in England and Wales, has the meaning given by section 65A of the Police and Criminal Evidence Act 1984, and

(b) in relation to a conviction in respect of a recordable offence committed in Northern Ireland, has the meaning given by Article 53A of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)).

(6) For the purposes of sub-paragraph (4)—

(a) a person is to be treated as having previously been convicted in England and Wales of a recordable offence if—

(i) the person has previously been convicted of an offence under the law of a country or territory outside the United Kingdom, and

(ii) the act constituting the offence would constitute a recordable offence under the law of England and Wales if done there (whether or not it constituted such an offence when the person was convicted);

(b) a person is to be treated as having previously been convicted in Northern Ireland of a recordable offence if—

(i) the person has previously been convicted of an offence under the law of a country or territory outside the United Kingdom, and

(ii) the act constituting the offence would constitute a recordable offence under the law of Northern Ireland if done there (whether or not it constituted such an offence when the person was convicted);

(c) a person is to be treated as having previously been convicted in Scotland of an offence which is punishable by imprisonment if—

(i) the person has previously been convicted of an offence under the law of a country or territory outside the United Kingdom, and

(ii) the act constituting the offence would constitute an offence punishable by imprisonment under the law of Scotland if done there (whether or not it constituted such an offence when the person was convicted);

(d) the reference in sub-paragraph (4)(b) to a qualifying offence includes a reference to an offence under the law of a country or territory outside the United Kingdom where the act constituting the offence would constitute a qualifying offence under the law of England and Wales if done there or (as the case may be) under the law of Northern Ireland if done there (whether or not it constituted such an offence when the person was convicted).

(7) For the purposes of paragraph 8, 9 or this paragraph—

(a) “offence”, in relation to any country or territory outside the United Kingdom, includes an act punishable under the law of that country or territory, however it is described;

(b) a person has in particular been convicted of an offence under the law of a country or territory outside the United Kingdom if—

(i) a court exercising jurisdiction under the law of that country or territory has made in respect of such an offence a finding equivalent to a finding that the person is not guilty by reason of insanity, or

(ii) such a court has made in respect of such an offence a finding equivalent to a finding that the person is under a disability and did the act charged against the person in respect of the offence.

(8) If an individual is convicted of more than one offence arising out of a single course of action, those convictions are to be treated as a single conviction for the purposes of calculating under paragraph 8 or 9 whether the individual has been convicted of one offence.

11

(1) Paragraph 6 material may be retained for as long as a national security determination made by a chief officer of police has effect in relation to it.

(2) A national security determination is made if a chief officer of police determines that it is necessary for any paragraph 6 material to be retained for the purposes of national security.

(3) A national security determination—

(a) must be in writing,

(b) has effect for a maximum of 5 years beginning with the date on which the determination is made, and

(4) In this paragraph “chief officer of police” means—

(a) a chief officer of police of a police force in England and Wales,

(b) the chief constable of the Police Service of Scotland,

(d) the Chief Constable of the Ministry of Defence Police,

(e) the Chief Constable of the British Transport Police Force, or

(f) the Director General of the National Crime Agency.

12

(1) This paragraph applies where paragraph 6 material is or includes a person’s fingerprints (“the original fingerprints”).

(2) A constable may make a determination under this paragraph in respect of any further fingerprints taken from, or provided by, the same person (“the further fingerprints”) if conditions 1 and 2 are met.

(3) Condition 1 is met if the further fingerprints—

(a) are paragraph 6 material,

(b) are taken or provided under or by virtue of—

(i) Part 5 of the Police and Criminal Evidence Act 1984,

(ii) Article 61 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)),

(iii) any provision, power or authority mentioned in section 18G(1) of the Criminal Procedure (Scotland) Act 1995,

(iv) paragraph 10 of Schedule 8 to the Terrorism Act 2000,

(v) paragraph 34 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019, or

(vi) paragraph 10 of Schedule 6, or

(4) Condition 2 is met if—

(a) in a case where the further fingerprints are material to which section 18 of the Counter-Terrorism Act 2008 applies, the original fingerprints and the further fingerprints are held under the law of the same part of the United Kingdom;

(b) in any other case, the original fingerprints and the further fingerprints were taken from or provided by the person in the same part of the United Kingdom.

(5) Where a determination under this paragraph is made in respect of the further fingerprints—

(a) the further fingerprints may be retained for as long as the original fingerprints are retained under any power conferred by paragraph 8, 9 or 11, and

(b) a requirement under any enactment to destroy the further fingerprints does not apply for as long as their retention is authorised by paragraph (a).

(6) Sub-paragraph (5)(a) does not prevent the further fingerprints being retained after the original fingerprints fall to be destroyed if the continued retention of the further fingerprints is authorised under any enactment.

(7) A written record must be made of a determination under this paragraph.

(8) In this paragraph references to a part of the United Kingdom are references to—

(a) England and Wales,

(b) Scotland, or

Requirement to destroy samples

13

(1) This paragraph applies to—

(a) non-intimate samples taken under paragraph 1, or

(b) samples taken under paragraph 4 (2)(b) or (c).

(2) Samples to which this paragraph applies must be destroyed if it appears to the responsible chief officer of police that the taking of the sample was unlawful.

(3) Subject to this, the rule in sub-paragraph (4) or (as the case may be) (5) applies.

(4) A DNA sample to which this paragraph applies must be destroyed—

(a) as soon as a DNA profile has been derived from the sample, or

(b) if sooner, before the end of the period of 6 months beginning with the date on which the sample was taken.

(5) Any other sample to which this paragraph applies must be destroyed before the end of the period of 6 months beginning with the date on which it was taken.

(6) Nothing in this paragraph prevents a relevant search, in relation to samples to which this paragraph applies, from being carried out within such time as may reasonably be required for the search if the responsible chief officer of police considers the search to be desirable.

Use of retained material

14

(1) Any material to which paragraph 6 or 13 applies must not be used other than—

(a) in the interests of national security,

(b) for the purposes of investigating foreign power threat activity,

(d) for purposes related to the prevention or detection of crime, the investigation of an offence or the conduct of a prosecution, or

(e) for purposes related to the identification of a deceased person or of the person to whom the material relates.

(2) Material which is required by paragraph 6 or 13 to be destroyed must not at any time after it is required to be destroyed be used—

(a) in evidence against the individual to whom the material relates, or

(b) for the purposes of the investigation of any offence.

(3) In this paragraph—

(a) the reference to using material includes a reference to allowing any check to be made against it and to disclosing it to any person,

(b) the reference to crime includes a reference to any conduct which—

(i) constitutes one or more criminal offences (whether under the law of a part of the United Kingdom or of a country or territory outside the United Kingdom), or

(ii) is, or corresponds to, any conduct which, if it all took place in any one part of the United Kingdom, would constitute one or more criminal offences, and

(c) the references to an investigation and to a prosecution include references, respectively, to any investigation outside the United Kingdom of any crime or suspected crime and to a prosecution brought in respect of any crime in a country or territory outside the United Kingdom.

Interpretation

15

(1) In this Schedule—

“DNA profile” means any information derived from a DNA sample;

“DNA sample” means any material that has come from a human body and consists of or includes human cells;

“fingerprints” has the meaning given by section 65(1) of the Police and Criminal Evidence Act 1984 or, in Northern Ireland, Article 53(1) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I.12));

“non-intimate sample” has the meaning given by section 65(1) of the Police and Criminal Evidence Act 1984 or, in Northern Ireland, Article 53(1) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I.12));

“paragraph 6 material” has the meaning given by paragraph 6 (2);

“police force” means any of the following—the metropolitan police force;a police force maintained under section 2 of the Police Act 1996 (police forces in England and Wales outside London);the City of London police force;the Police Service of Scotland;the Police Service of Northern Ireland;the Police Service of Northern Ireland Reserve;the Ministry of Defence Police;the National Crime Agency;the British Transport Police Force;

“recordable offence” has—in relation to a conviction in England and Wales, the meaning given by section 118(1) of the Police and Criminal Evidence Act 1984, andin relation to a conviction in Northern Ireland, the meaning given by Article 2(2) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12));

“relevant physical data” has the meaning given by section 18(7A) of the Criminal Procedure (Scotland) Act 1995;

“relevant search” means a search carried out for the purpose of checking any fingerprints, samples, data or information against any of the fingerprints, samples, data or information mentioned in paragraph 5 (a) to (k);

“responsible chief officer of police” means—in relation to fingerprints or samples taken by a constable of the Ministry of Defence Police, or a DNA profile derived from a sample so taken, the Chief Constable of the Ministry of Defence Police;in relation to fingerprints or samples taken by a constable of the British Transport Police Force, or a DNA profile derived from a sample so taken, the Chief Constable of the British Transport Police Force;in relation to fingerprints or samples taken by a constable who is a National Crime Agency officer, or a DNA profile derived from a sample so taken, the Director General of the National Crime Agency;otherwise—in relation to fingerprints or samples taken in England or Wales, or a DNA profile derived from a sample so taken, the chief officer of police for the relevant police area;in relation to relevant physical data or samples taken or provided in Scotland, or a DNA profile derived from a sample so taken, the chief constable of the Police Service of Scotland;in relation to fingerprints or samples taken in Northern Ireland, or a DNA profile derived from a sample so taken, the Chief Constable of the Police Service of Northern Ireland;

“sufficient” and “insufficient”, in relation to a sample, have the same meaning as in Part 5 of the Police and Criminal Evidence Act 1984 (see section 65(1) and (2) of that Act) or, in Northern Ireland, Part 6 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I.12)) (see Article 53(1) and (3) of that Order).

(2) In the definition of “responsible chief officer of police” in sub-paragraph (1), in paragraph (d)(i), “relevant police area” means the police area—

(a) in which the material concerned was taken, or

(b) in the case of a DNA profile, in which the sample from which the DNA profile was derived was taken.

Schedule 13

Part 1 — Conditions for control

1

(1) A person is controlled by a foreign power if one or more of the following conditions are met.

(2) Condition 1 is that the foreign power has the right to direct or control, or actually directs or controls, the person’s activities (in whole or in part).

(3) Condition 2 is that the foreign power holds, directly or indirectly, more than 25% of the shares in the person.

(4) Condition 3 is that the foreign power holds, directly or indirectly, more than 25% of the voting rights in the person.

(5) Condition 4 is that the foreign power holds the right, directly or indirectly, to appoint or remove an officer of the person.

(6) Condition 5 is that—

(a) the trustees of a trust, or the members of a partnership, unincorporated association or other entity, that is not a legal person under the law by which it is governed meet one or more of conditions 1 to 4 (in their capacity as such) in relation to the person, and

(b) the foreign power has the right to direct or control, or actually directs or controls, the activities of that trust or entity (in whole or in part).

2

In this Schedule “officer”—

(a) in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity;

(b) in relation to a partnership, means a partner or person purporting to act as a partner;

(c) in relation to an unincorporated association other than a partnership, means a person who is concerned in the management or control of the association or purports to act in the capacity of a person so concerned.

Part 2 — Interpretation of Part 1

Interpretation

3

This Part makes provision about the interpretation of Part 1 of this Schedule.

Joint interests

4

If a foreign power holds a share or right jointly with another person (whether or not a foreign power), each of those persons is to be taken to hold that share or right.

Joint arrangements

5

(1) If shares or rights held by a foreign power and shares or rights held by another person (whether or not a foreign power) are the subject of a joint arrangement between those persons, each of those persons is to be taken to hold the combined shares or rights of both persons.

(2) A “joint arrangement” is an arrangement between the holders of shares (or rights) that they will exercise all or substantially all the rights conferred by their respective shares (or rights) jointly in a way that is pre-determined by the arrangement.

(3) For the meaning of “arrangement”, see paragraph 12.

Calculating shareholdings

6

(1) In relation to a person that has a share capital, a reference to holding more than 25% of the shares in that person is to holding shares comprised in the issued share capital of that person of a nominal value exceeding (in aggregate) 25% of that share capital.

(2) In relation to a person that does not have a share capital—

(a) a reference to holding shares in that person is to holding a right to share in the capital or, as the case may be, profits of that person;

(b) a reference to holding more than 25% of the shares in that person is to holding a right or rights to share in more than 25% of the capital or, as the case may be, profits of that person.

Voting rights

7

(1) A reference to the voting rights in a person is to the rights conferred on shareholders in respect of their shares (or, in the case of a person not having a share capital, on members) to vote at general meetings of the person on all or substantially all matters.

(2) In relation to a person that does not have general meetings at which matters are decided by the exercise of voting rights—

(a) a reference to exercising voting rights in the person is to be read as a reference to exercising rights in relation to the person that are equivalent to those of a person entitled to exercise voting rights in a company;

(b) a reference to exercising more than 25% of the voting rights in the person is to be read as a reference to exercising the rights under the constitution of the person to block changes to the overall policy of the person or to the terms of its constitution.

8

In applying this Schedule, the voting rights in a person are to be reduced by any rights held by that person.

Shares or rights held “indirectly”

9

(1) A foreign power holds a share “indirectly” if the foreign power has a majority stake in a person and that person—

(a) holds the share in question, or

(b) is part of a chain of persons—

(i) each of which (other than the last) has a majority stake in the person immediately below it in the chain, and

(ii) the last of which holds the share.

(2) A foreign power holds a right “indirectly” if the foreign power has a majority stake in a person and that person—

(a) holds that right, or

(b) is part of a chain of persons—

(i) each of which (other than the last) has a majority stake in the person immediately below it in the chain, and

(ii) the last of which holds that right.

(3) For the purposes of sub-paragraphs (1) and (2), a foreign power has a “majority stake” in a person if—

(a) the foreign power holds a majority of the voting rights in the person,

(b) the foreign power is a member of the person and has the right to appoint or remove an officer of the person,

(c) the foreign power is a member of the person and controls alone, or pursuant to an agreement with other shareholders or members, a majority of the voting rights in the person, or

(d) the foreign power has the right to exercise, or actually exercises, dominant influence or control over the person.

Shares held by nominees

10

A share held by a person as a nominee for another is to be treated as held by the other (and not by the nominee).

Rights treated as held by person who controls their exercise

11

(1) Where a person controls a right, the right is to be treated as held by that person (and not by the person who in fact holds the right, unless that person also controls it).

(2) A person “controls” a right if, by virtue of any arrangement between that person and others, the right is exercisable only—

(a) by that person,

(b) in accordance with that person’s directions or instructions, or

12

(1) For the purposes of this Schedule, “arrangement” includes—

(a) any scheme, agreement or understanding, whether or not it is legally enforceable, and

(b) any convention, custom or practice of any kind.

(2) But something does not count as an arrangement unless there is at least some degree of stability about it (whether by its nature or terms, the time it has been in existence or otherwise).

Rights exercisable only in certain circumstances etc

13

(1) Rights that are exercisable only in certain circumstances are to be taken into account only—

(a) where the circumstances have arisen, and for so long as they continue to obtain, or

(b) when the circumstances are within the control of the person having the rights.

(2) But rights that are exercisable by an administrator or by creditors while a person is in relevant insolvency proceedings are not to be taken into account even while the person is in those proceedings.

(3) “Relevant insolvency proceedings” means—

(a) administration within the meaning of the Insolvency Act 1986,

(b) administration within the meaning of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)), or

(c) proceedings under the insolvency law of another country or territory during which a person’s assets and affairs are subject to the control or supervision of a third party or creditor.

(4) Rights that are normally exercisable but are temporarily incapable of exercise are to continue to be taken into account.

Rights attached to shares held by way of security

14

Rights attached to shares held by way of security provided by a person are to be treated for the purposes of this Schedule as held by that person—

(a) where apart from the right to exercise them for the purpose of preserving the value of the security, or of realising it, the rights are exercisable only in accordance with that person’s instructions, and

(b) where the shares are held in connection with the granting of loans as part of normal business activities and apart from the right to exercise them for the purpose of preserving the value of the security, or of realising it, the rights are exercisable only in that person’s interests.

Part 3 — Power to amend thresholds etc

15

(1) The Secretary of State may by regulations amend this Schedule for a permitted purpose.

(2) The permitted purposes are—

(a) to replace any or all references in this Schedule to a percentage figure with references to some other (larger or smaller) percentage figure;

(b) to change or supplement Part 1 of this Schedule so as to include circumstances (for example, circumstances involving more complex structures) that give a foreign power a level of control over a person broadly similar to the level of control given by the conditions in paragraph 1;

(c) in consequence of any provision made by virtue of paragraph (b), to change or supplement Part 2 of this Schedule so that circumstances specified in that Part in which a person is to be regarded as holding an interest in another person correspond to any of the conditions in paragraph 1, or would do so but for the extent of the interest.

Schedule 14

Ministers

1

A Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975).

2

A Northern Ireland Minister, the First Minister in Northern Ireland, the deputy First Minister in Northern Ireland or a person appointed as a junior Minister under section 19 of the Northern Ireland Act 1998.

3

The First Minister for Scotland, a Minister appointed under section 47 of the Scotland Act 1998 or a junior Scottish Minister.

4

The First Minister for Wales, a Welsh Minister appointed under section 48 of the Government of Wales Act 2006, the Counsel General to the Welsh Government or a Deputy Welsh Minister appointed under section 50 of that Act.

MPs etc

5

A member of either House of Parliament.

6

A member of the Northern Ireland Assembly.

7

A member of the Scottish Parliament.

8

A member of Senedd Cymru.

9

An employee or other member of staff of a person within any of paragraphs 5 to 8.

Local government

10

The Mayor of London.

11

A mayor for the area of a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009.

Political parties

12

An officer, trustee or agent of a UK registered political party (within the meaning of section 70).

13

A member of such a political party who exercises executive functions on behalf of the party.

Election candidates

14

A candidate at an election for a relevant elective office (within the meaning of section 37 of the Elections Act 2022).

15

A candidate at an election for a relevant Scottish elective office (within the meaning of that section).

Civil servants

16

(1) A member of—

(a) the Senior Civil Service;

(b) the Northern Ireland Senior Civil Service;

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