OpenLegislation

The National Security Act 2023 (Consequential Amendments of Primary Legislation) Regulations 2023

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2023, ISBN 9780348252491

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before Parliament under section 96(5) and (6)(e) of the National Security Act 2023, for approval by resolution of each House of Parliament.

NATIONAL SECURITY

Made

Coming into force 20th December 2023

The Secretary of State makes these Regulations in exercise of the powers conferred by section 95 of the National Security Act 2023f1.

In accordance with section 96(5) and (6)(e) of that Act, a a draft of these Regulations was laid before Parliament and approved by resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

2023 c. 32.

Contents

  1. 1Citation, commencement and extent
  2. 2Amendments of primary legislation
  3. Signature
  4. Schedule: Amendments of primary legislation
  5. 1Children and Young Persons Act 1933
  6. 2Atomic Energy Authority Act 1954
  7. 3Parliamentary Commissioner Act 1967
  8. 4Local Government Act 1974
  9. 5Senior Courts Act 1981
  10. 6Civil Aviation Act 1982
  11. 7Police and Criminal Evidence Act 1984
  12. 8Criminal Justice Act 1988
  13. 9Police and Criminal Evidence (Northern Ireland) Order 1989
  14. 10Radioactive Substances Act 1993
  15. 11Health Service Commissioners Act 1993
  16. 12Statute Law (Repeals) Act 1993
  17. 13Pensions Act 1995
  18. 14Criminal Procedure (Scotland) Act 1995
  19. 15Environment Act 1995
  20. 16Letchworth Garden City Heritage Foundation Act 1995
  21. 17Pensions (Northern Ireland) Order 1995
  22. 18Police Act 1997
  23. 19Terrorism Act 2000
  24. 20Anti-Terrorism, Crime and Security Act 2001
  25. 21Criminal Justice and Police Act 2001
  26. 22Justice (Northern Ireland) Act 2002
  27. 23Police Reform Act 2002
  28. 24Communications Act 2003
  29. 25Armed Forces Act 2006
  30. 26Serious Crime Act 2007
  31. 27Energy Act 2008
  32. 28Counter-Terrorism Act 2008
  33. 29Terrorism Prevention and Investigation Measures Act 2011
  34. 30Public Services Ombudsman Act (Northern Ireland) 2016
  35. 31Counter-Terrorism and Border Security Act 2019
  36. 32Public Services Ombudsman (Wales) Act 2019
  37. 33Disclosure (Scotland) Act 2020
  38. 34Nationality and Borders Act 2022
  39. Explanatory note

1Citation, commencement and extent

(1)

These Regulations may be cited as the National Security Act 2023 (Consequential Amendments of Primary Legislation) Regulations 2023.

(2)

These Regulations come into force on 20th December 2023.

(3)

Subject to paragraph (4), these Regulations extend to England and Wales, Scotland and Northern Ireland.

(4)

An amendment made by the Schedule has the same extent within the United Kingdom as the provision amended.

2Amendments of primary legislation

The Schedule contains amendments of primary legislation.

Signature

Name

Minister of State

Home Office

DATE

1Children and Young Persons Act 1933

In section 49(6) of the Children and Young Persons Act 1933f1—

(a)

omit the “or” at the end of paragraph (ba)f2;

(b)

after paragraph (ba), insert—

“(bb)

an offence under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023, or”.

2Atomic Energy Authority Act 1954

In section 6(3) of the Atomic Energy Authority Act 1954f1—

(a)

for the words before paragraph (a), substitute “Where any place belonging to or used for the purposes of the Authority is a prohibited place within the meaning of Part 1 of the National Security Act 2023, no person other than—”;

(b)

in the words after paragraph (c), for the words from “any place” to “aforesaid” substitute “that place”.

3Parliamentary Commissioner Act 1967

In section 11(2)(b)f1 of the Parliamentary Commissioner Act 1967f2, after “1989” insert “or sections 1 to 4 or 18 of the National Security Act 2023”.

4Local Government Act 1974

(1)

The Local Government Act 1974f1 is amended as follows.

(2)

In section 32(2)(b), after “1939” insert “or sections 1 to 4 or 18 of the National Security Act 2023”.

(3)

In section 34K(1)(d)f2, after “1989” insert “or sections 1 to 4 or 18 of the National Security Act 2023”.

5Senior Courts Act 1981

In paragraph 2 of Schedule 1 to the Senior Courts Act 1981f1, after paragraph (bf)f2, insert—

“(bg)

all relevant proceedings within the meaning of Part 2 of the National Security Act 2023 (prevention and investigation measures) (see section 62(1) of that Act);”.

6Civil Aviation Act 1982

In section 18 of the Civil Aviation Act 1982f1—

(a)

omit subsection (2);

(b)

in subsection (3), for the words from “by virtue of subsection (2)” to the end, substitute “—

“(a)

belongs to or is used for the purposes of the CAA, and

(b)

is a prohibited place within the meaning of Part 1 of the National Security Act 2023.”.

7Police and Criminal Evidence Act 1984

(1)

The Police and Criminal Evidence Act 1984f1 is amended as follows.

(2)

In section 30(12)—

(a)

omit the “or” at the end of paragraph (b);

(b)

after paragraph (c)f2, insert “; or

“(d)

section 27 of and Schedule 6 to the National Security Act 2023.”.

(3)

In section 51, after paragraph (ba)f3, insert—

“(bb)

the powers conferred by virtue of section 27 of and Schedule 6 to the National Security Act 2023;”.

(4)

In section 62, after subsection (13)f4, insert—

“(14)

Nothing in this section applies to a person arrested or detained under section 27 of the National Security Act 2023; and subsection (1A) does not apply where the non-intimate samples mentioned in that subsection were taken under paragraph 10 of Schedule 6 to that Act.”.

(5)

In section 63, after subsection (10)f5, insert—

“(10A)

Nothing in this section applies to a person arrested or detained under section 27 of the National Security Act 2023.”.

(6)

In section 63PA(4)f6—

(a)

omit the “or” at the end of paragraph (b);

(b)

after paragraph (c), insert—

“(d)

paragraph 10 of Schedule 6 to the National Security Act 2023, or

(e)

paragraph 1 of Schedule 12 to that Act.”.

(7)

In section 118(2)(a)f7, after “2000” insert “or section 27 of the National Security Act 2023”.

8Criminal Justice Act 1988

In section 133(5) of the Criminal Justice Act 1988f1, after paragraph (g)f2, insert “or

“(h)

on an appeal under Schedule 9 to the National Security Act 2023.”.

9Police and Criminal Evidence (Northern Ireland) Order 1989

(1)

The Police and Criminal Evidence (Northern Ireland) Order 1989f1 is amended as follows.

(2)

In Article 2(3)(a)f2, after “2000” insert “or section 27 of the National Security Act 2023”.

(3)

In Article 32(15)—

(a)

omit the “or” at the end of sub-paragraph (a);

(b)

after sub-paragraph (b)f3, insert “; or

“(c)

section 27 of and Schedule 6 to the National Security Act 2023.”.

(4)

In Article 51, after sub-paragraph (ba)f4, insert—

“(bb)

the powers conferred by virtue of section 27 of and Schedule 6 to the National Security Act 2023;”.

(5)

In Article 63Df5—

(a)

in paragraph (1)(a)(i)f6, after “terrorism-related qualifying offence” insert “or a national security-related qualifying offence”;

(b)

in paragraph (14), after the definition of “excluded offence” insert—

  • ““national security-related qualifying offence” means—

    1. (a)

      an offence under section 18 of the National Security Act 2023 or listed in section 33(3)(a) of that Act, or

    2. (b)

      an ancillary offence, as defined by Article 53A(4), relating to an offence listed in section 33(3)(a) of that Act;”.

(6)

In Article 63DAf7—

(a)

in the heading after “offence” insert “or national security-related qualifying offence”;

(b)

in paragraph (1)(a), after “terrorism-related qualifying offence” insert “or a national security-related qualifying offence”;

(c)

in paragraph (4), after the definition of “excluded offence” insert—

  • ““national security-related qualifying offence” means—

    1. (a)

      an offence under section 18 of the National Security Act 2023 or listed in section 33(3)(a) of that Act, or

    2. (b)

      an ancillary offence, as defined by Article 53A(4), relating to an offence listed in section 33(3)(a) of that Act;”.

10Radioactive Substances Act 1993

In section 31(3) of the Radioactive Substances Act 1993f1, for the words from “have been declared” to the end substitute “are prohibited places within the meaning of Part 1 of the National Security Act 2023).”.

11Health Service Commissioners Act 1993

In section 15(1)(b)(i) of the Health Service Commissioners Act 1993f1, after “1989” insert “or sections 1 to 4 or 18 of the National Security Act 2023”.

12Statute Law (Repeals) Act 1993

In Schedule 2 to the Statute Law (Repeals) Act 1993f1, omit paragraph 21.

13Pensions Act 1995

In section 92(4)(b) of the Pensions Act 1995f1—

(a)

omit the “or” at the end of sub-paragraph (ii);

(b)

after sub-paragraph (ii), insert—

“(iia)

offences under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023 for which the person has been sentenced on the same occasion to a term of imprisonment of, or to two or more consecutive terms amounting in the aggregate to, at least 10 years, or”.

14Criminal Procedure (Scotland) Act 1995

In section 18G(1) of the Criminal Procedure (Scotland) Act 1995f1, in each of paragraphs (a) and (b)f2, after “2019” insert “or paragraph 18 of Schedule 6 to the National Security Act 2023”.

15Environment Act 1995

In section 108(8) of the Environment Act 1995f1, for the words from “have been declared” to the end substitute “are prohibited places within the meaning of Part 1 of the National Security Act 2023).”.

16Letchworth Garden City Heritage Foundation Act 1995

In Schedule 2 to the Letchworth Garden City Heritage Foundation Act 1995f1, in paragraph 13(2)(b), after “1989” insert “or sections 1 to 4 or 18 of the National Security Act 2023”.

17Pensions (Northern Ireland) Order 1995

In Article 90(4)(b) of the Pensions (Northern Ireland) Order 1995f1—

(a)

omit the “or” at the end of paragraph (ii);

(b)

after paragraph (ii), insert—

“(iia)

offences under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023 for which the person has been sentenced on the same occasion to a term of imprisonment of, or to two or more consecutive terms amounting in the aggregate to, at least 10 years, or”.

18Police Act 1997

In the Police Act 1997f1, in the Schedule 8A inserted by the Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 Remedial (No. 2) Order 2015 (S.S.I. 2015/423)f2, after paragraph 36, insert—

“National security

36A

An offence under sections 1 to 4, 12, 13, 17 or 18 of the National Security Act 2023.”.

19Terrorism Act 2000

(1)

Schedule 8 to the Terrorism Act 2000f1 is amended as follows.

(2)

In paragraph 20A(6)f2, after paragraph (ea)f3, insert—

“(eb)

any of the fingerprints, data or samples obtained under or by virtue of paragraph 10, 12 or 18 of Schedule 6 to the National Security Act 2023, or information derived from such samples,

(ec)

any of the fingerprints, data or samples obtained under paragraph 1 or 4 of Schedule 12 to that Act, or information derived from such samples,”.

(3)

In paragraph 20EA(3)(b)f4—

(a)

omit the “or” at the end of sub-paragraph (iv);

(b)

omit the “or” at the end of sub-paragraph (v);

(c)

after sub-paragraph (v), insert—

“(vi)

paragraph 10 of Schedule 6 to the National Security Act 2023, or

(vii)

paragraph 1 or 4 of Schedule 12 to that Act, or”.

20Anti-Terrorism, Crime and Security Act 2001

In the Anti-Terrorism, Crime and Security Act 2001f1,omit section 80Af2.

21Criminal Justice and Police Act 2001

(1)

The Criminal Justice and Police Act 2001f1 is amended as follows.

(2)

In section 55, after subsection (6), insert—

“(7)

In relation to the powers of seizure mentioned in subsection (8), this section (and section 59(3)(c)) have effect as if—

(a)

references to excluded material or special procedure material were to confidential material within the meaning of Part 1 of Schedule 2 to the National Security Act 2023, but not including items subject to legal privilege, and

(b)

subsection (6) of this section did not apply.

(8)

The powers of seizure referred to in subsection (7) are the powers conferred by—

(a)

paragraph 2 of Schedule 2 to the National Security Act 2023, and

(b)

paragraph 12 of that Schedule, so far as conferred by reference to paragraph 2 of that Schedule.”.

(3)

In section 59(7)(b)—

(a)

omit the “or” at the end of sub-paragraph (iii);

(b)

after sub-paragraph (iv), insert “or

“(v)

paragraph 3 of Schedule 2 to the National Security Act 2023,”.

(4)

In section 60—

(a)

in subsection (6)—

(i)

omit the “and” at the end of paragraph (d);

(ii)

after paragraph (e), insert—

“(f)

the powers of seizure conferred by the provisions of paragraph 9 of Schedule 2 to the National Security Act 2023; and

(g)

the powers of seizure conferred by the provisions of paragraph 12 of that Schedule so far as conferred by reference to paragraph 9 of that Schedule.”;

(b)

after subsection (6), insert—

“(6A)

In relation to the powers of seizure mentioned in subsection (6B)—

(a)

subsection (3)(b)(ii) applies as if the reference to special procedure material or excluded material were to confidential material within the meaning of Part 1 of Schedule 2 to the National Security Act 2023, but not including items subject to legal privilege, and

(b)

subsection (5) of this section does not apply.

(6B)

The powers of seizure referred to in subsection (6A) are the powers conferred by—

(a)

paragraph 2 of Schedule 2 to the National Security Act 2023, and

(b)

paragraph 12 of that Schedule, so far as conferred by reference to paragraph 2 of that Schedule.”.

(5)

Omit section 66(3).

(6)

In Schedule 1—

(a)

omit paragraph 3 and the italic heading before it;

(b)

after paragraph 73Uf2, insert—

“National Security Act 2023 (c. 32)

73V

Each of the powers of seizure conferred by paragrahs 2, 9 and 12 of Schedule 2 to the National Security Act 2023.”;

(c)

after paragraph 83Af3, insert—

“National Security Act 2023 (c. 32)

83B

Each of the powers of seizure conferred by paragrahs 2, 9 and 12 of Schedule 2 to the National Security Act 2023.”;

(d)

omit paragraph 86 and the italic heading before it;

(e)

after paragraph 113f4, insert—

“National Security Act 2023 (c. 32)

114
(1)

The power of seizure conferred by paragraph 2 of Schedule 2 to the National Security Act 2023.

(2)

The power of seizure conferred by paragraph 12 of that Schedule, so far as conferred by reference to paragraph 2 of that Schedule.”.

22Justice (Northern Ireland) Act 2002

In Schedule 7 to the Justice (Northern Ireland) Act 2002f1, omit paragraph 24.

23Police Reform Act 2002

In paragraph 6 of Schedule 3B to the Police Reform Act 2002f1, for “the Official Secrets Acts 1911 to 1989” substitute “the National Security Act 2023”.

24Communications Act 2003

In Schedule 17 to the Communications Act 2003f1, omit paragraph 2 and the italic heading before it.

25Armed Forces Act 2006

In paragraph 12 of Schedule 2 to the Armed Forces Act 2006f1, after paragraph (az)f2, insert—

“(az1)

an offence under section 1, 2, 3, 4, 12 or 18 of the National Security Act 2023.”.

26Serious Crime Act 2007

In Schedule 3 to the Serious Crime Act 2007f1—

(a)

omit paragraph 7;

(b)

at the end of Part 1, insert—

“National Security Act 2023 (c. 32)

24C

An offence under section 18 of the National Security Act 2023.”.

27Energy Act 2008

In the Energy Act 2008f1, omit section 101.

28Counter-Terrorism Act 2008

In section 18(8) of the Counter-Terrorism Act 2008f1, after paragraph (k)f2, insert—

“(l)

Part 4 of Schedule 6 to the National Security Act 2023;

(m)

paragraphs 5 to 15 of Schedule 12 to that Act.”.

29Terrorism Prevention and Investigation Measures Act 2011

(1)

Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011f1 is amended as follows.

(2)

In paragraph 5, after paragraph (db)f2, insert—

“(dc)

any fingerprints or samples taken under paragraph 10 or 12 of Schedule 6 to the National Security Act 2023 or any information derived from such a sample,

(dd)

any relevant physical data taken or provided by virtue of paragraph 18 of that Schedule, any samples taken by virtue of that paragraph or any information derived from such a sample,

(de)

any fingerprints, data or samples obtained under paragraph 1 or 4 of Schedule 12 to that Act, or information derived from such samples,”.

(3)

In paragraph 11A(3)(b)f3—

(a)

omit the “or” at the end of sub-paragraph (iv);

(b)

omit the “or” at the end of sub-paragraph (v);

(c)

after sub-paragraph (v), insert—

“(vi)

paragraph 10 of Schedule 6 to the National Security Act 2023, or

(vii)

paragraph 1 or 4 of Schedule 12 to that Act, or”.

30Public Services Ombudsman Act (Northern Ireland) 2016

In section 49(2)(f) of the Public Services Ombudsman Act (Northern Ireland) 2016f1, after “1989” insert “or sections 1 to 4 or 18 of the National Security Act 2023”.

31Counter-Terrorism and Border Security Act 2019

(1)

Schedule 3 to the Counter-Terrorism and Border Security Act 2019f1 is amended as follows.

(2)

In paragraph 43(6), after paragraph (f), insert—

“(fa)

fingerprints or samples taken under paragraph 10 or 12 of Schedule 6 to the National Security Act 2023 or a DNA profile derived from a sample taken under one of those paragraphs,

(fb)

any of the fingerprints, data or samples obtained under paragraph 1 or 4 of Schedule 12 to that Act, or information derived from such samples,”.

(3)

In paragraph 47(3)(b)—

(a)

omit the “or” at the end of sub-paragraph (iv);

(b)

omit the “or” at the end of sub-paragraph (v);

(c)

after sub-paragraph (v), insert—

“(vi)

paragraph 10 of Schedule 6 to the National Security Act 2023, or

(vii)

paragraph 1 or 4 of Schedule 12 to that Act, or”.

32Public Services Ombudsman (Wales) Act 2019

In section 69(2)(g) of the Public Services Ombudsman (Wales) Act 2019f1, after “1989 (c. 6)” insert “, or under sections 1 to 4 or 18 of the National Security Act 2023 (c. 32)”.

33Disclosure (Scotland) Act 2020

In Schedule 2 to the Disclosure (Scotland) Act 2020f1, after paragraph 70, insert—

“National security

70A

An offence under sections 1 to 4, 12, 13, 17 or 18 of the National Security Act 2023.”.

34Nationality and Borders Act 2022

In section 63(3) of the Nationality and Borders Act 2022f1, after paragraph (d), insert—

“(da)

the person is subject to a notice under Part 2 of the National Security Act 2023;

(db)

there are reasonable grounds to suspect that the person is or has been involved in foreign power threat activity within the meaning given by section 33 of that Act (whether or not the foreign power threat activity is attributable to the person being, or having been, a victim of slavery or human trafficking);”.

Explanatory note

(This note is not part of the Regulations)

These Regulations make various amendments of primary legislation in consequence of the enactment of the National Security Act 2023 (c. 32) (“the 2023 Act”) and the repeal of the Official Secrets Acts 1911 (c. 28), 1920 (c. 75) and 1939 (c. 121).

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen. An impact assessment was produced for the 2023 Act, and is available on www.legislation.gov.uk. Hard copies of the impact assessment may be obtained by writing to the State Threats Unit, Homeland Security Group, Home Office, 2 Marsham Street SW1P 4DF.