Paragraph 46 I1I2C1
Paragraph 43 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.
A national security determination is made if a chief officer of police determines that it is necessary for any paragraph 43 material to be retained for the purposes of national security.
A national security determination—
must be made in writing,
has effect for a maximum of 5 years beginning with the date on which the determination is made, and
may be renewed.
In this paragraph “chief officer of police” means—
a chief officer of police of a police force in England and Wales,
the chief constable of the Police Service of Scotland, or
the Chief Constable of the Police Service of Northern Ireland.
Annotations
Modifications
- C1
Sch. 3 modified by S.I. 1993/1813, Sch. 4 para. 7 (as inserted (12.2.2019 for specified purposes; 13.8.2020 in so far as not already in force) by Counter Terrorism and Border Security Act 2019 (c. 3), s. 27(1)(g), Sch. 3 para. 63(1) (with s. 25(9), Sch. 3 para. 63(2)); S.I. 2020/792, reg. 2(g))
Commencement
- I1
Sch. 3 para. 46 in force at Royal Assent for specified purposes, see. s. 27(1)(g)(2)(c)
- I2
Sch. 3 para. 46 in force at 13.8.2020 in so far as not already in force by S.I. 2020/792, reg. 2(g)
Notes on Schedule 3
Modifications
- C2
Sch. 3 modified by S.I. 1994/1405, art. 7 (as amended (coming into force in accordance with art. 1(3) of the amending S.I.) by The Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2020 (S.I. 2020/915), arts. 1(3), 11)
- C3
Sch. 3 modified (30.9.2020 immediately after the amendments by S.I. 2020/915, art. 5 come into force) by The Channel Tunnel (Arrangements with the Kingdom of the Netherlands) Order 2020 (S.I. 2020/916), arts. 1(3), 6