The National Security Act 2023 (Sovereign Base Areas) Order 2024

Schedule 2 (1) In this Schedule “relevant act” means— (a) an offence under this Part of this Act, other than an offence under— (i) section 5 (unauthorised entry to a prohibited place); (ii) section 6 (prohibited place: failure to comply with order of police officer); (iii) section 11 (cordoned area: failure to comply with order of police officer); (iv) this Schedule; (v) Schedule 3 (disclosure orders). (b) an act or threat within section 33(3)(b) or (c). (2) (1) A police officer may make an application for the issue of a warrant under this paragraph to a member of the Resident Judge’s Court. (2) The judge may grant the application if satisfied that— (a) conditions 1 and 2 are met, and (b) in the case of an application for an all premises warrant, condition 3 is met. (3) Condition 1 is that there are reasonable grounds for suspecting that a relevant act has been, or is about to be, committed. (4) Condition 2 is that there are reasonable grounds for suspecting that there is on the relevant premises material which— (a) is likely to be evidence that a relevant act has been, or is about to be, committed, and (b) does not consist of or include confidential material. (5) Condition 3 is that it is not reasonably practicable to specify in the application all the premises which the person specified in the application occupies or controls and which might need to be searched. (6) A warrant under this paragraph is a warrant authorising any police officer— (a) to enter the relevant premises, (b) to search the relevant premises and any person found there, and (c) to seize any material found on a search under paragraph (b) which is likely to be evidence that a relevant act has been, or is about to be, committed. (7) A warrant under this paragraph does not authorise— (a) the seizure of confidential material, or (b) a police officer to require a person to remove any clothing in public except for headgear, footwear, an outer coat or jacket and gloves. (8) An item seized under a warrant under this paragraph must be brought before a member of the Resident Judge’s Court to be disposed of. (9) In this paragraph the “relevant premises” are— (a) one or more sets of premises specified in the application (in which case the application is for a “specific premises warrant”), or (b) any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an “all premises warrant”). (3) (1) A police officer may apply to a Senior Judge for an order under this paragraph. (2) The judge may grant the application if satisfied that conditions 1 to 4 are met. (3) Condition 1 is that there are reasonable grounds for suspecting that a relevant act has been, or is about to be, committed. (4) Condition 2 is that there are reasonable grounds for suspecting that a person specified in the application has in their possession, custody or control material which— (a) is likely to be evidence that a relevant act has been, or is about to be, committed, (b) consists of or includes confidential material, and (c) does not include items subject to legal privilege. (5) Condition 3 is that there are reasonable grounds for believing that the material is likely to be of substantial value, whether by itself or with other material, to an investigation into whether a relevant act has been, or is about to be, committed. (6) Condition 4 is that there are reasonable grounds for believing that it is in the public interest that the material should be produced or access to it should be given having regard to— (a) the benefit likely to accrue to the investigation if the material is obtained, and (b) the circumstances under which the person concerned has any of the material in their possession, custody or control. (7) An order under this paragraph is an order that the person specified in the application must do any of the following— (a) produce to a police officer within a specified period for seizure any material which the person has in their possession, custody or control and to which the application relates; (b) give a police officer access to any material of the kind mentioned in paragraph (a) within a specified period; (c) state to the best of the person’s knowledge and belief the location of the material to which the application relates if it is not in, and will not come into, the person’s possession, custody or control within the period specified under paragraph (a) or (b). (8) The specified period is to be the period of 7 days beginning with the date of the order, unless it appears to the judge that a different period would be appropriate in the particular circumstances of the application. (9) An item seized by virtue of an order under this paragraph must be brought before a member of the Resident Judge’s Court to be disposed of. (4) (1) A police officer may apply to a Senior Judge for an order under this paragraph. (2) The judge may grant the application if satisfied that conditions 1 to 5 are met. (3) Condition 1 is that there are reasonable grounds for suspecting that a relevant act has been, or is about to be, committed. (4) Condition 2 is that there are reasonable grounds for suspecting that, within the period of 28 days beginning with the date of the order, there is likely to come into existence material which— (a) is evidence that a relevant act has been, or is about to be, committed, (b) consists of or includes confidential material, and (c) does not include items subject to legal privilege. (5) Condition 3 is that there are reasonable grounds for suspecting that a person specified in the application is likely within that period to have in their possession, custody or control any of the material to which the application relates. (6) Condition 4 is that there are reasonable grounds for believing that the material is likely to be of substantial value, whether by itself or with other material, to an investigation into whether a relevant act has been, or is about to be, committed. (7) Condition 5 is that there are reasonable grounds for believing that it is in the public interest that the material should be produced or access to it should be given having regard to— (a) the benefit likely to accrue to the investigation if the material is obtained, and (b) the circumstances under which the person concerned is likely to have any of the material in their possession, custody or control. (8) An order under this paragraph is an order that the person specified in the application must do any of the following— (a) notify a named police officer as soon as reasonably practicable after any material to which the application relates comes into the person’s possession, custody or control; (b) produce to a police officer within a specified period for seizure any material to which the application relates which comes into the person’s possession, custody or control; (c) give a police officer access to any material of the kind mentioned in paragraph (b) within a specified period; (d) state to the best of the person’s knowledge and belief the location of the material to which the application relates if it is not in, and will not come into, the person’s possession, custody or control within the period of 28 days beginning with the date of the order. (9) The specified period is to be the period of 7 days beginning with the date of the notification required by sub-paragraph (8)(a), unless it appears to the judge that a different period would be appropriate in the particular circumstances of the application. (10) An item seized by virtue of an order under this paragraph must be brought before a member of the Resident Judge’s Court to be disposed of. (5) An application for an order under paragraph 3 or 4 may be made without notice to a Senior Judge in chambers. (6) (1) An order under paragraph 3 or 4— (a) does not confer any right to production of, or access to, items subject to legal privilege, and (b) has effect despite any restriction on the disclosure of information imposed by an enactment or otherwise. (2) Where the material consists of information stored in electronic form— (a) an order under paragraph 3(7)(a) or 4(8)(b) has effect as an order to produce the material in a form in which it can be taken away and in which it is visible and legible, or from which it can readily be produced in a visible and legible form, and (b) an order under paragraph 3(7)(b) or 4(8)(c) has effect as an order to give a police officer access to the material in a form in which it is visible and legible. (7) (1) An order under paragraph 3 or 4 may be made in relation to material in the possession, custody or control of the Sovereign Base Areas Administration. (2) Where an order is made by virtue of sub-paragraph (1)— (a) it is to be served as if the proceedings were civil proceedings against the Sovereign Base Areas Administration, and (b) it may require any officer of the Sovereign Base Areas Administration, whether named in the order or not, who may for the time being have in their possession, custody or control the material concerned, to comply with the order. (8) An order under paragraph 3 or 4 has effect as if it were an order of the Senior Judges’ Court. (9) (1) A police officer may apply to a Senior Judge for the issue of a warrant under this paragraph. (2) The judge may grant the application if satisfied that an order made under paragraph 3 or 4 in relation to material on the relevant premises has not been complied with. (3) The judge may also grant the application if satisfied that— (a) conditions 1 to 5 are met, and (b) in the case of an application for an all premises warrant, condition 6 is met. (4) Condition 1 is that there are reasonable grounds for suspecting that a relevant act has been, or is about to be, committed. (5) Condition 2 is that there are reasonable grounds for suspecting that there is on the relevant premises material which— (a) is likely to be evidence that a relevant act has been, or is about to be, committed, (b) consists of or includes confidential material, and (c) does not include items subject to legal privilege. (6) Condition 3 is that there are reasonable grounds for believing that the material is likely to be of substantial value, whether by itself or with other material, to an investigation into whether a relevant act has been, or is about to be, committed. (7) Condition 4 is that there are reasonable grounds for believing that it is in the public interest that the material should be obtained having regard to— (a) the benefit likely to accrue to the investigation if the material is obtained, and (b) the circumstances under which the person concerned has any of the material in their possession, custody or control. (8) Condition 5 is that any of the following apply— (a) it is not practicable to communicate with any person entitled to produce the material; (b) it is not practicable to communicate with any person entitled to grant access to the material; (c) the investigation may be seriously prejudiced unless a police officer can secure immediate access to the material. (9) Condition 6 is that it is not reasonably practicable to specify in the application all the premises which the person specified in the application occupies or controls and which might need to be searched. (10) A warrant under this paragraph is a warrant authorising any police officer— (a) to enter the relevant premises, (b) to search the relevant premises and any person found there, and (c) to seize any material found on a search under paragraph (b) which is likely to be evidence that a relevant act has been, or is about to be, committed. (11) A warrant under this paragraph does not authorise— (a) the seizure of items subject to legal privilege, or (b) a police officer to require a person to remove any clothing in public except for headgear, footwear, an outer coat or jacket and gloves. (12) An item seized under a warrant under this paragraph must be brought before a member of the Resident Judge’s Court to be disposed of. (13) In this paragraph the “relevant premises” are— (a) one or more sets of premises specified in the application (in which case the application is for a “specific premises warrant”), or (b) any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an “all premises warrant”). (10) (1) A police officer may apply to a Senior Judge for an order under this paragraph requiring any person specified in the order to provide an explanation of material— (a) seized under a warrant under paragraph 2 or 9, or (b) produced or made available to a police officer under paragraph 3 or 4. (2) An application for an order under this paragraph may be made without notice to a judge in chambers. (3) An order under this paragraph may not require any person to disclose any information which they would be entitled to refuse to disclose on grounds of legal professional privilege in court proceedings. (4) But a lawyer may be required to provide the name and address of their client. (5) A statement by a person in response to a requirement imposed by an order under this paragraph— (a) may be made orally or in writing, and (b) may be used in evidence against the person only on a prosecution for an offence under paragraph 11. (6) An order under this paragraph has effect as if it were an order of the Senior Judges’ Court. (11) (1) A person commits an offence if, in purported compliance with an order under paragraph 10, they— (a) make a statement which they know to be false or misleading in a material particular, or (b) recklessly make a statement which is false or misleading in a material particular. (2) A person who commits an offence under sub-paragraph (1) is liable on conviction to imprisonment for a term not exceeding 2 years or an unlimited fine (or both). (12) (1) A police officer of at least the rank of Superintendent may by a written order signed by them give to any police officer the authority which may be given by— (a) a warrant under paragraph 2, or (b) a warrant under paragraph 9. (2) An officer may not make an order under this paragraph unless the officer — (a) is satisfied as mentioned in paragraph 2(2) or paragraph 9(2) or (3) (as the case may be), and (b) has reasonable grounds for believing that the case is one of great emergency and that immediate action is necessary. (3) Where an order is made under this paragraph particulars of the case must be notified as soon as is reasonably practicable to the Administrator. (4) A person who wilfully obstructs a search under this paragraph commits an offence. (5) A person who commits an offence under sub-paragraph (4) is liable on conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding €2,500 (or both). (13) (1) If a police officer of at least the rank of Superintendent has reasonable grounds for believing that the case is one of great emergency the officer may by a written notice signed by them require any person specified in the notice to provide an explanation of any material seized in pursuance of an order under paragraph 12. (2) Paragraph 10(3) to (5) and paragraph 11 apply to a notice under this paragraph as they apply to an order under paragraph 10. (3) A person who fails to comply with a notice under this paragraph commits an offence. (4) It is a defence for a person charged with an offence under sub-paragraph (3) to show that they had a reasonable excuse for their failure. (5) A person is taken to have shown that they had a reasonable excuse for their failure if— (a) sufficient evidence of that fact is adduced to raise an issue with respect to it, and (b) the contrary is not proved beyond reasonable doubt. (6) A person guilty of an offence under sub-paragraph (3) is liable on conviction to imprisonment for a term not exceeding 12 months or an unlimited fine (or both). (14) (1) The Administrator may, after consulting with the Presiding Judge, make rules of court to make provision about proceedings relating to a warrant or order under this Schedule (other than an order under paragraph 12). (2) The provision which may be made by virtue of this paragraph includes in particular provision about the variation or discharge of an order. (15) (1) This paragraph applies for the interpretation of this Schedule. (2) “Enactment” means an enactment of the Sovereign Base Areas and includes any of the following insofar as it extends to the Sovereign Base Areas— (a) an Act of the Parliament of the United Kingdom; (b) an instrument made under such an Act; (c) an Order of His Majesty in Council. (3) “Confidential material” means— (a) confidential journalistic material, and (b) protected material. (4) “Confidential journalistic material” means— (a) in the case of material contained in a communication, journalistic material which the sender of the communication— (i) holds in confidence, or (ii) intends the recipient, or intended recipient, of the communication to hold in confidence; (b) in any other case, journalistic material which a person holds in confidence. (5) “Journalistic material” means material created or acquired for the purposes of journalism. (6) For the purposes of this paragraph, where— (a) a person (“R”) receives material another person (“S”), and (b) S intends R to use the material for the purposes of journalism, R is to be taken to have acquired it for those purposes, and a communication sent by S to R containing such material is to be regarded as a communication containing journalistic material. (7) For the purposes of determining whether a communication contains material acquired for the purposes of journalism, it does not matter whether the material has been acquired for those purposes by the sender or recipient of the communication or by some other person. (8) For the purposes of this paragraph— (a) material is not to be regarded as created or acquired for the purposes of journalism if it is created or acquired with the intention of furthering a criminal purpose, and (b) material which a person intends to be used to further such a purpose is not to be regarded as intended to be used for the purposes of journalism. (9) “Protected material” means— (a) items subject to legal privilege, (b) personal records which a person has acquired or created in the course of any trade, business, profession or other occupation or for the purposes of any paid or unpaid office and which he holds in confidence, (c) human tissue or tissue fluid which has been taken for the purposes of diagnosis or medical treatment and which a person holds in confidence, or (d) other material in the possession of a person who— (i) acquired or created it in the course of any trade, business, profession or other occupation or for the purpose of any paid or unpaid office, and (ii) holds the material in confidence. (10) “Items subject to legal privilege” has the meaning given in section 4 of the Criminal Procedure Ordinance 2016[^f00025]. (11) In this paragraph “personal records” means documentary and other records concerning an individual (whether living or dead) who can be identified from them (“A”) and relating to— (a) A’s physical or mental health, (b) spiritual counselling or assistance given or to be given to A, or (c) counselling or assistance given or to be given to A, for the purposes of their personal welfare, by any voluntary organisation or by any individual (“B”) who— (i) by reason of B’s office or occupation has responsibilities for A’s personal welfare, or (ii) by reason of an order of a court has responsibilities for the supervision of A. (12) A person holds material in confidence for the purposes of this paragraph if— (a) the person holds it subject to an express or implied undertaking to hold it in confidence, or (b) the person holds it subject to a restriction on disclosure or an obligation of secrecy contained in an enactment. Schedule 3 (1) (1) In this Schedule— - “relevant investigation” means an investigation into the identification of relevant property or its movement or use; - “relevant property” means— money or other property which is likely to be used for the purposes of foreign power threat activity, or proceeds of involvement in foreign power threat activity. (2) The reference to proceeds of involvement in foreign power threat activity includes a reference to any money, other property or benefit in money’s worth, which wholly or partly, and directly or indirectly, represents the proceeds of the involvement (including payments or rewards in connection with the involvement). (2) (1) A police officer may apply to a Senior Judge for a disclosure order. (2) The application must state that a person or property specified in the application is subject to a relevant investigation and the order is sought for the purposes of the investigation. (3) The judge may grant the application if satisfied that conditions 1 to 3 are met. (4) Condition 1 is that there are reasonable grounds for suspecting that the property specified in the application is relevant property. (5) Condition 2 is that there are reasonable grounds for believing that information which may be provided in compliance with a requirement imposed under the order is likely to be of substantial value, whether by itself or with other information, to the investigation. (6) Condition 3 is that there are reasonable grounds for believing that it is in the public interest for the information to be provided, having regard to the benefit likely to accrue to the investigation if the information is obtained. (7) A disclosure order is an order authorising a police officer to give to any person the officer considers has relevant information notice in writing requiring the person to do any or all of the following with respect to any matter relevant to the investigation— (a) answer questions, either at a time specified in the notice or at once, at a place so specified; (b) provide information specified in the notice, by a time and in a manner so specified; (c) produce documents, or documents of a description, specified in the notice, either at or by a time so specified or at once, and in a manner so specified. (8) “Relevant information” means information (whether or not contained in a document) which the police officer considers to be relevant to the investigation. (9) A person is not bound to comply with a requirement imposed by a notice given under a disclosure order unless evidence of authority to give the notice is produced. (10) A police officer may not make an application under this paragraph unless the officer is of at least the rank of Superintendent or is authorised to do so by such an officer. (3) (1) A disclosure order does not confer the right to require a person— (a) to answer any question, (b) to provide any information, or (c) to produce any document or other material, which the person would be entitled to refuse to answer, provide or produce on grounds of legal professional privilege in court proceedings. (2) But a lawyer may be required to provide the name and address of a client. (3) A disclosure order does not confer the right to require a person to produce excluded material. (4) A disclosure order has effect despite any restriction on the disclosure of information imposed by an enactment or otherwise. (5) A police officer may take copies of any documents produced in compliance with a requirement to produce them imposed under a disclosure order. (6) A document produced in compliance with a requirement imposed under a disclosure order may be seized by a police officer if the officer considers it necessary for the investigation in connection with which the order was made. (7) Any document seized must be brought before a member of the Resident Judge’s Court to be disposed of. (4) An application for a disclosure order may be made without notice to a Senior Judge in chambers. (5) (1) An application to discharge or vary a disclosure order may be made to the Senior Judges’ Court by— (a) the police officer who applied for the order or another police officer; (b) any person affected by the order. (2) A police officer may not make an application to discharge or vary a disclosure order unless the officer is of at least the rank of Superintendent or is authorised to do so by such an officer. (3) The Senior Judges’ Court may— (a) discharge the order; (b) vary the order. (6) The Administrator may, after consulting with the Presiding Judge, make rules of court to make provision about proceedings relating to an order under this Schedule (including applications for variation or discharge). (7) (1) A person commits an offence if without reasonable excuse the person fails to comply with a requirement imposed under a disclosure order. (2) A person guilty of an offence under sub-paragraph (1) is liable on conviction to imprisonment for a term not exceeding 12 months or an unlimited fine (or both). (3) A person commits an offence if, in purported compliance with a requirement imposed under a disclosure order, the person— (a) makes a statement which the person knows to be false or misleading in a material particular, or (b) recklessly makes a statement which is false or misleading in a material particular. (4) A person guilty of an offence under sub-paragraph (3) is liable on conviction to imprisonment for a term not exceeding 2 years or an unlimited fine (or both). (8) (1) A statement made by a person in response to a requirement imposed under a disclosure order may not be used in evidence against that person in criminal proceedings. (2) Sub-paragraph (1) does not apply on a prosecution for— (a) an offence under paragraph 7(3), (b) an offence under sections 110 or 113 of the Criminal Code. (9) (1) This paragraph applies for the interpretation of this Schedule. (2) “Disclosure order” has the meaning given by paragraph 2. (3) “Document” means anything in which information of any description is recorded. (4) “Enactment” has the meaning given in paragraph 15 of Schedule 2. (5) “Excluded material” means— (a) personal records which a person has acquired or created in the course of any trade, business, profession or other occupation or for the purposes of any paid or unpaid office and which he holds in confidence; (b) human tissue or tissue fluid which has been taken for the purposes of diagnosis or medical treatment and which a person holds in confidence; (c) journalistic material which a person holds in confidence. (6) “Personal records” has the meaning given in paragraph 15 of Schedule 2. (7) “Journalistic material” has the meaning given in paragraph 15 of Schedule 2. (8) A person holds material in confidence for the purposes of this paragraph if— (a) the person holds it subject to an express or implied undertaking to hold it in confidence, or (b) the person holds it subject to a restriction on disclosure or an obligation of secrecy contained in an enactment. (9) The terms defined in paragraph 1 have the meanings given in that paragraph. Schedule 6 (1) (1) The Administrator may designate places at which persons may be detained under section 27. (2) In this Schedule a reference to a police station includes a reference to any place which the Administrator has designated under sub-paragraph (1) as a place where a person may be detained under section 27. (3) A police officer who arrests a person under section 27 must take the person as soon as is reasonably practicable to the police station which the officer considers the most appropriate. (2) (1) An authorised person may take any steps which are reasonably necessary for— (a) photographing the detained person, (b) measuring the detained person, or (c) identifying the detained person. (2) In sub-paragraph (1) “authorised person” means any of the following— (a) a police officer; (b) a prison officer; (c) a person authorised by the Administrator. (3) This paragraph does not confer the power to take fingerprints, non-intimate samples or intimate samples. (3) (1) This paragraph applies to any interview by a police officer of a detained person that takes place in a police station. (2) An interview to which this paragraph applies must be video recorded with sound where it is reasonably practicable to do so. (3) The Administrator must issue a code of practice about the video recording of interviews to which this paragraph applies. (4) The video recording of interviews under this paragraph must be conducted in accordance with a code of practice issued under sub-paragraph (3). (5) The failure by a police officer to observe a provision of a code does not of itself make the officer liable to criminal or civil proceedings. (6) A code— (a) is admissible in evidence in criminal and civil proceedings, and (b) is to be taken into account by a court or tribunal in any case in which it appears to the court or tribunal to be relevant. (7) The Administrator may revise a code and issue the revised code. (4) (1) Before issuing a code of practice under paragraph 3(3), the Administrator must consult the Presiding Judge. (2) The Administrator must bring the code into operation by order made as a public instrument. (3) An order made under sub-paragraph (2) may contain any transitional provisions and savings that appear to the Administrator to be necessary or expedient in relation to bringing into operation the code to which the order relates. (4) The code must be published in the Gazette. (5) This paragraph applies to a revised code under paragraph 3(7) as it applies to a code issued under paragraph 3(3). (5) A detained person is to be treated as being in legal custody throughout the period of the person’s detention. (6) (1) Subject to paragraph 9, a person detained under section 27 is entitled, if the person so requests, to have one named person informed as soon as is reasonably practicable that the person is being so detained. (2) The person named must be— (a) a friend of the detained person, (b) a relative of the detained person, or (c) a person who is known to the detained person or who is likely to take an interest in the detained person’s welfare. (3) A detained person must be informed of the right under this paragraph on first being detained. (4) Where a detained person is transferred from one place to another, the person is entitled to exercise the right under this paragraph in respect of the place to which the person is transferred. (7) (1) Subject to paragraph 9, a person detained under section 27 is entitled, if the person so requests, to consult an advocate as soon as is reasonably practicable, privately and at any time. (2) Where a request is made under sub-paragraph (1), a record must be made of the request and the time at which it was made. (3) A detained person must be informed of the right under this paragraph on first being detained. (8) (1) Where a person exercises the right under paragraph 7 to consult an advocate, a police officer of at least the rank of Superintendent may direct that— (a) the person may not consult the advocate who attends for the purpose of the consultation, or who would so attend but for the giving of the direction, but (b) the person may consult a different advocate of the person’s choosing. (2) A direction under this paragraph may be given before or after a person’s consultation with an advocate has started (and if given after it has started, the right to further consult that advocate ceases on the giving of the direction). (3) An officer may give a direction under this paragraph only if the officer has reasonable grounds for believing that, unless the direction is given, the person’s consultation with the advocate will have any of the consequences specified in sub-paragraph (4). (4) Those consequences are— (a) interference with or harm to evidence of a relevant offence, (b) interference with or physical injury to any person, (c) the alerting of persons who are suspected of having committed a relevant offence but who have not been arrested for it, (d) the hindering of the recovery of property obtained as a result of a relevant offence, (e) interference with the gathering of information about a person’s involvement in foreign power threat activity, (f) making it more difficult, by the alerting of a person, to prevent foreign power threat activity, and (g) making it more difficult, by the alerting of a person, to secure a person’s apprehension, prosecution or conviction in connection with the person’s involvement in foreign power threat activity. (5) In this paragraph, “relevant offence” means an offence punishable with imprisonment for a term of at least 6 months. (9) (1) A police officer of at least the rank of Superintendent may authorise a delay— (a) in informing the person named by a detained person under paragraph 6; (b) in permitting a detained person to consult an advocate under paragraph 7. (2) But the detained person must be permitted to exercise the rights under paragraphs 6 and 7 before the end of the period of 24 hours beginning with the time of the person’s arrest under section 27. (3) An officer may authorise a delay under sub-paragraph (1) only if the officer has reasonable grounds for believing— (a) in the case of an authorisation under sub-paragraph (1)(a), that informing the named person of the detained person’s detention will have any of the consequences specified in paragraph 8(4), or (b) in the case of an authorisation under sub-paragraph (1)(b), that the exercise of the right under paragraph 7 at the time when the detained person desires to exercise it will have any of the consequences specified in paragraph 8(4). (4) Where an officer authorises a delay under sub-paragraph (1) orally, the officer must confirm it in writing as soon as is reasonably practicable. (5) Where an officer authorises a delay under sub-paragraph (1)— (a) the detained person must be told the reason for the delay as soon as is reasonably practicable, and (b) the reason must be recorded as soon as is reasonably practicable. (6) Where the reason for authorising delay no longer applies, there may be no further delay in permitting the exercise of the right in the absence of a further authorisation under sub-paragraph (1). Schedule 16 (1) (1) This Schedule applies in relation to civil proceedings where the claimant claims damages in those proceedings. (2) The court seised of those proceedings may, on the application of the Administrator, make a freezing order under this paragraph. (3) A freezing order, in relation to an order made by the court awarding damages in favour of the claimant, is an order that all or part of the damages awarded— (a) are to be paid into court, and (b) are to remain in court until the end of the initial freezing period. (4) A court may not make a freezing order unless satisfied that, if damages are paid to the claimant, there is a real risk that those damages will be used for the purposes of terrorism. (5) An application for a freezing order may be made at any time until there is no further possibility of an appeal on which the order awarding damages in favour of the claimant may be varied or quashed. (6) 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 for the purposes of sub-paragraph (5). (7) Where the court makes an order awarding damages in favour of the claimant, the court may suspend the effect of that order until it decides the application for a freezing order. (8) In this paragraph— - “civil proceedings” means any proceedings other than criminal proceedings; - “the initial freezing period” is the period of 2 years beginning with the day on which the freezing order is made. (2) (1) This paragraph applies where a court has made a freezing order under paragraph 1. (2) The court may, on the application of the Administrator, make an extension order under this paragraph. (3) An extension order is an order that all or part of the damages paid into court pursuant to a freezing order are to remain in court until the end of the period of 4 years beginning with the day on which the freezing order was made (“the extended freezing period”). (4) A court may not make an extension order unless satisfied that, if the damages to which the extension order relates are paid to the claimant at the end of the initial freezing period (or, if later, when the court decides the application), there is a real risk that those damages will be used for the purposes of terrorism. (5) An application for an extension order must be made before the end of the initial freezing period. (6) Sub-paragraph (7) applies where— (a) an application is made under this paragraph, and (b) the court has not decided the application before the end of the initial freezing period. (7) The damages to which the application relates are to remain in court until the court decides the application. (3) (1) This paragraph applies where a court has made an extension order under paragraph 2. (2) The court may, on the application of the Administrator, order that all or part of the damages in court by virtue of the extension order are to be forfeited (a “forfeiture order”). (3) The court may not make a forfeiture order unless satisfied that, if the damages to which the forfeiture order relates are paid to the claimant at the end of the extended freezing period (or, if later, when the court decides the application), there is a real risk that those damages will be used for the purposes of terrorism. (4) Damages forfeited pursuant to a forfeiture order, and any accrued interest on those damages, are to be paid to the Sovereign Base Areas Administration when there is no further possibility of an appeal on which the forfeiture order may be varied or quashed. (5) 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 for the purposes of sub-paragraph (4). (6) An application for a forfeiture order must be made before the end of the extended freezing period. (7) Sub-paragraph (8) applies where— (a) an application is made under this paragraph, and (b) the court has not decided the application before the end of the extended freezing period. (8) The damages to which the application relates are to remain in court until the court decides the application. (4) In this Schedule— - “the claimant” means the claimant in proceedings mentioned in paragraph 1(1); - “the extended freezing period” has the meaning given by paragraph 2(3); - “extension order” has the meaning given by paragraph 2(3); - “freezing order” has the meaning given by paragraph 1(3); - “the initial freezing period” has the meaning given by paragraph 1(8); - “terrorism” has the same meaning as in section 3 of the Counter-Terrorism Ordinance 2016. Schedule 18 (1) The Official Secrets Act 1911 is repealed. (2) The Official Secrets Act 1920 is repealed. (3) The Official Secrets Act 1939 is repealed.

Signed

Richard Tilbrook — Clerk of the Privy Council

Explanatory note

(This note is not part of the Order in Council)

Explanatory Note

This Order extends to the Sovereign Base Areas of Akrotiri and Dhekelia certain provisions of the National Security Act 2023 (c. 32) (‘the UK Act’) with modifications for the Sovereign Base Areas.

The Schedule to this Order sets out the provisions extended, in their modified form, to the Sovereign Base Areas. The numbering of provisions in the Schedule replicates that of the UK Act for sections and schedules, for convenience in referring to that Act, but the numbering of paragraphs within the schedules and of subsections within the sections does not replicate the UK Act due to the nature of modification required to extend those provisions.

In particular, the provisions as extended in the Schedule:

• create offences to safeguard protected information and trade secrets and criminalise assisting a foreign intelligence service (sections 1 to 3),

• establish a separate regime to protect sensitive sites from espionage and other state threats by criminalising specified conduct in relation to those sites and providing powers to police officers to deal with such conduct (sections 4 to 11),

• create an offence of sabotage to capture state-linked saboteurs (section 12),

• create offences to protect against foreign interference (sections 13 to 15),

• create offences relating to material benefits obtained from foreign intelligence services (section 17),

• create an offence relating to preparatory conduct (section 18),

• provide to police officers powers relating to entry, search and seizure (section 23 and Schedule 2) and arrest (section 27 and Schedule 6), and allow for courts to make disclosure orders (section 24 and Schedule 3),

• introduce a duty for a court to consider whether it is appropriate to reduce an award of damages to reflect terrorist activity on the part of a claimant in national security proceedings where an application is made by the Crown (sections 84 to 87),

• allow for freezing and forfeiture orders to be made by a court to prevent the payment of damages to a claimant where it is satisfied that there is a real risk of the funds being used for the purposes of terrorism (section 88 and Schedule 16), and

• repeal the Official Secrets Act 1911 (c. 28), the Official Secrets Act 1920 (c. 75) and the Official Secrets Act 1939 (c. 121) in the Sovereign Base Areas (section 94 and Schedule 18).

Article 4 of this Order saves the repealed Acts for conduct taking place before 23rd October 2024, including offences suspected of being committed.

An Impact Assessment has not been prepared for this Order. The territorial extent of this Order is the Sovereign Base Areas and no, or no significant, impact is foreseen on the private, voluntary or public sector in the United Kingdom.

Footnotes

[^f00001]: 2023 c. 32.

[^f00002]: 1960 c. 52.

[^f00003]: 1911 c. 28.

[^f00004]: 1920 c. 75.

[^f00005]: 1939 c. 121.

[^f00006]: 1981 c. 61.

[^f00007]: 2007 c. 29.

[^f00008]: Ordinance 11/2011.

[^f00009]: 2010 asp 16.

[^f00010]: 1862 c. 37.

[^f00011]: 1975 c. 26.

[^f00012]: 1998 c. 47.

[^f00013]: 2009 c. 20.

[^f00014]: 1994 c. 39.

[^f00015]: Ordinance 09/2004.

[^f00016]: Ordinance 35/2004.

[^f00017]: Ordinance 08/2005.

[^f00018]: 1998 c. 42.

[^f00019]: 2000 c. 41.

[^f00020]: Ordinance 46/2020.

[^f00021]: Ordinance 17/2007.

[^f00022]: Ordinance 26/2012.

[^f00023]: Ordinance 12/2016.

[^f00024]: Ordinance 08/2012.

[^f00025]: Ordinance 09/2016.