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

S.I. 2023/1267 · Made 27 November 2023

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National Security

Made at 11.50 a.m. on 27th November 2023

Laid before Parliament at 4.00 p.m. on 27th November 2023

Coming into force 20th December 2023

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 95(1) and 96(1)(a) of the National Security Act 2023f1.

Annotations to the whole text

Footnotes

f1

2023 c. 32.

Contents

  1. 1Citation, commencement and extent
  2. 2Amendments of subordinate legislation
  3. Signature
  4. Schedule
  5. Part 1: Subordinate legislation relating to pensions and other similar schemes
  6. 1Police Pensions Regulations 1987
  7. 2Royal Ulster Constabulary Pensions Regulations (Northern Ireland) 1988
  8. 3Firemen’s Pension Scheme Order 1992
  9. 4Health and Personal Social Services (Superannuation) Regulations (Northern Ireland) 1995
  10. 5National Health Service (Injury Benefits) Regulations 1995
  11. 6National Health Service Pension Scheme Regulations 1995
  12. 7National Health Service (Scotland) (Injury Benefits) Regulations 1998
  13. 8Teachers’ Superannuation Regulations (Northern Ireland) 1998
  14. 9Health and Personal Social Services (Injury Benefits) Regulations (Northern Ireland) 2001
  15. 10Armed Forces Pension Scheme Order 2005
  16. 11Teachers’ Superannuation (Scotland) Regulations 2005
  17. 12Firefighters’ Compensation Scheme (England) Order 2006
  18. 13Firefighters’ Compensation Scheme (Scotland) Order 2006
  19. 14Firefighters’ Pension Scheme (England) Order 2006
  20. 15Police (Injury Benefit) Regulations 2006
  21. 16Police Pensions Regulations 2006
  22. 17Police Service of Northern Ireland and Police Service of Northern Ireland Reserve (Injury Benefit) Regulations 2006
  23. 18Firefighters’ Compensation Scheme Order (Northern Ireland) 2007
  24. 19Firefighters’ Compensation Scheme (Wales) Order 2007
  25. 20Firefighters’ Pension Scheme Order (Northern Ireland) 2007
  26. 21Firefighters’ Pension Scheme (Scotland) Order 2007
  27. 22Firefighters’ Pension Scheme (Wales) Order 2007
  28. 23New Firefighters’ Pension Scheme Order (Northern Ireland) 2007
  29. 24Police (Injury Benefit) (Scotland) Regulations 2007
  30. 25Police Pensions (Scotland) Regulations 2007
  31. 26Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 2008
  32. 27National Health Service Pension Scheme Regulations 2008
  33. 28Police Pension (Northern Ireland) Regulations 2009
  34. 29Teachers’ Pensions Regulations 2010
  35. 30National Health Service Superannuation Scheme (Scotland) Regulations 2011
  36. 31Local Government Pension Scheme Regulations 2013
  37. 32National Health Service Superannuation Scheme (2008 Section) (Scotland) Regulations 2013
  38. 33Armed Forces Pension Regulations 2014
  39. 34Firefighters’ Pension Scheme (England) Regulations 2014
  40. 35Local Government Pension Scheme Regulations (Northern Ireland) 2014
  41. 36Public Service (Civil Servants and Others) Pensions Regulations 2014
  42. 37Public Service (Civil Servants and Others) Pensions Regulations (Northern Ireland) 2014
  43. 38Teachers’ Pension Scheme Regulations 2014
  44. 39Teachers’ Pension Scheme Regulations (Northern Ireland) 2014
  45. 40Teachers’ Pension Scheme (Scotland) (No. 2) Regulations 2014
  46. 41Firefighters’ Pension Scheme Regulations (Northern Ireland) 2015
  47. 42Firefighters’ Pension Scheme (Scotland) Regulations 2015
  48. 43Firefighters’ Pension Scheme (Wales) Regulations 2015
  49. 44Health and Social Care Pension Scheme Regulations (Northern Ireland) 2015
  50. 45Judicial Pensions Regulations 2015
  51. 46Judicial Pensions Regulations (Northern Ireland) 2015
  52. 47National Health Service Pension Scheme Regulations 2015
  53. 48National Health Service Pension Scheme (Scotland) Regulations 2015
  54. 49Occupational Pension Schemes (Schemes that were Contracted-out) (No. 2) Regulations 2015
  55. 50Police Pensions Regulations 2015
  56. 51Police Pensions Regulations (Northern Ireland) 2015
  57. 52Police Pension Scheme (Scotland) Regulations 2015
  58. 53Occupational Pension Schemes (Schemes that were Contracted-out) Regulations (Northern Ireland) 2016
  59. 54Local Government Pension Scheme (Scotland) Regulations 2018
  60. 55Judicial Pensions Regulations 2022
  61. Part 2: Other subordinate legislation
  62. 56Hovercraft (Application of Enactments) Order 1972
  63. 57REACH Enforcement Regulations 2008
  64. 58Civil Legal Services (Financial) Regulations (Northern Ireland) 2015
  65. 59Greenhouse Gas Emissions Trading Scheme Order 2020
  66. 60Air Navigation (Carbon Offsetting and Reduction Scheme for International Aviation) Order 2021
  67. Explanatory note

1Citation, commencement and extent

(1)

These Regulations may be cited as the National Security Act 2023 (Consequential Amendments of Subordinate 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 subordinate legislation

The Schedule contains amendments of subordinate legislation.

Signature

Tom Tugendhat

Minister of State

Home Office

At 11.50 a.m. on 27th November 2023

1Police Pensions Regulations 1987

In regulation K5(3)(b) of the Police Pensions Regulations 1987f1, after “1939” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”.

2Royal Ulster Constabulary Pensions Regulations (Northern Ireland) 1988

In regulation K5(3)(b) of the Royal Ulster Constabulary Pensions Regulations 1988f1, after “1939” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”.

3Firemen’s Pension Scheme Order 1992

In Part K of Schedule 2 to the Firemen’s Pension Scheme Order 1992f1, in rule K5(3)(b), after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”.

4Health and Personal Social Services (Superannuation) Regulations (Northern Ireland) 1995

In regulation 93(1)(c) of the Health and Personal Social Services (Superannuation) Regulations (Northern Ireland) 1995f1, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”.

5National Health Service (Injury Benefits) Regulations 1995

In regulation 14(c) of the National Health Service (Injury Benefits) Regulations 1995f1, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”.

6National Health Service Pension Scheme Regulations 1995

In regulation T6(1)(c) of the National Health Service Pension Scheme Regulations 1995f1, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”.

7National Health Service (Scotland) (Injury Benefits) Regulations 1998

In regulation 14(c) of the National Health Service (Scotland) (Injury Benefits) Regulations 1998f1, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”.

8Teachers’ Superannuation Regulations (Northern Ireland) 1998

In each of regulations E18(1)(b) and I5(1)(b) of the Teachers’ Superannuation Regulations (Northern Ireland) 1998f1, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”.

9Health and Personal Social Services (Injury Benefits) Regulations (Northern Ireland) 2001

In regulation 15(c) of the Health and Personal Social Services (Injury Benefits) Regulations (Northern Ireland) 2001f1, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”.

10Armed Forces Pension Scheme Order 2005

(1)

Schedule 1 to the Armed Forces Pension Scheme Order 2005f1 is amended as follows.

(2)

In Part J, in rule J.6(1)(a), after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”.

(3)

In each of the following provisions, for “Official Secrets Acts” substitute “other national security”—

(a)

Part D, rule D.17(9)(a);

(b)

Part E, rule E.28(3);

(c)

Part J, rule J.5(3).

11Teachers’ Superannuation (Scotland) Regulations 2005

In regulation E22(1)(b) of the Teachers’ Superannuation (Scotland) Regulations 2005f1, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”.

12Firefighters’ Compensation Scheme (England) Order 2006

In Part 9 of Schedule 1 to the Firefighters’ Compensation Scheme (England) Order 2006f1, in rule 4(3)(b), after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”.

13Firefighters’ Compensation Scheme (Scotland) Order 2006

In Part 9 of Schedule 1 to the Firefighters’ Compensation Scheme (Scotland) Order 2006f1, in rule 4(3)(b), after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”.

14Firefighters’ Pension Scheme (England) Order 2006

(1)

Schedule 1 to the Firefighters’ Pension Scheme (England) Order 2006f1 is amended as follows.

(2)

In Part 9, in rule 5(3)(b), after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”.

(3)

In Part 15, in each of rules 1(8)(a) and 2(3)(a), for “offences under the Official Secrets Acts 1911 to 1989” substitute “other national security offences”.

15Police (Injury Benefit) Regulations 2006

In regulation 40(3)(b) of the Police (Injury Benefit) Regulations 2006f1, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”.

16Police Pensions Regulations 2006

In regulation 55(3)(b) of the Police Pensions Regulations 2006f1, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”.

17Police Service of Northern Ireland and Police Service of Northern Ireland Reserve (Injury Benefit) Regulations 2006

In regulation 38(3)(b) of the Police Service of Northern Ireland and Police Service of Northern Ireland Reserve (Injury Benefit) Regulations 2006f1, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”.

18Firefighters’ Compensation Scheme Order (Northern Ireland) 2007

In Part 9 of the Annex to the Firefighters’ Compensation Scheme Order (Northern Ireland) 2007f1, in rule 4(3)(b), after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”.

19Firefighters’ Compensation Scheme (Wales) Order 2007

In Part 9 of Schedule 1 to the Firefighters’ Compensation Scheme (Wales) Order 2007f1, in rule 4(3)(b), after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”.

20Firefighters’ Pension Scheme Order (Northern Ireland) 2007

In Part L of the Annex to the Firefighters’ Pension Scheme Order (Northern Ireland) 2007f1, in article 84(3)(b), after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”.

21Firefighters’ Pension Scheme (Scotland) Order 2007

(1)

Schedule 1 to the Firefighters’ Pension Scheme (Scotland) Order 2007f1 is amended as follows.

(2)

In Part 9, in rule 5(3)(b), after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”.

(3)

In Part 14, in each of rules 1(8)(a) and 2(3)(a), for “offences under the Official Secrets Acts 1911 to 1989” substitute “other national security offences”.

22Firefighters’ Pension Scheme (Wales) Order 2007

(1)

Schedule 1 to the Firefighters’ Pension Scheme (Wales) Order 2007f1 is amended as follows.

(2)

In Part 9, in rule 5(3)(b), after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”.

(3)

In Part 15, in each of rules 1(8)(a) and 2(3)(a), for “offences under the Official Secrets Acts 1911 to 1989” substitute “other national security offences”.

23New Firefighters’ Pension Scheme Order (Northern Ireland) 2007

(1)

The Annex to the New Firefighters’ Pension Scheme Order (Northern Ireland) 2007f1 is amended as follows.

(2)

In Part 9, article 54(3)(b), after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”.

(3)

In Part 15, in each of articles 100(8)(a) and 101(3)(a), for “offences under the Official Secrets Acts 1911 to 1989” substitute “other national security offences”.

24Police (Injury Benefit) (Scotland) Regulations 2007

In regulation 40(3)(b) of the Police (Injury Benefit) (Scotland) Regulations 2007f1, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”.

25Police Pensions (Scotland) Regulations 2007

In regulation 55(3)(b) of the Police Pensions (Scotland) Regulations 2007f1, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”.

26Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 2008

In each of regulations 130(2)(b) and 254(2)(b) of the Health and Social Care (Pension Scheme) Regulations (Northern Ireland) 2008f1, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”.

27National Health Service Pension Scheme Regulations 2008

(1)

The National Health Service Pension Scheme Regulations 2008f1 are amended as follows.

(2)

In each of regulations 2.J.7 and 3.J.7, in paragraph (2)(b), after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”.

(3)

In each of regulations 2.D.22 and 3.D.18, in paragraph (9)(a)(ii), omit “(Official Secrets Acts offences)”.

(4)

In each of regulations 2.E.26 and 3.E.26, in paragraph (3)(b)f2, omit “under the Official Secrets Acts 1911 to 1989”.

28Police Pension (Northern Ireland) Regulations 2009

In regulation 52(3)(b) of the Police Pension (Northern Ireland) Regulations 2009f1, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”.

29Teachers’ Pensions Regulations 2010

In regulation 121(1)(b) of the Teachers’ Pensions Regulations 2010f1, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”.

30National Health Service Superannuation Scheme (Scotland) Regulations 2011

In regulation T7(1)(c) of the National Health Service Superannuation Scheme (Scotland) Regulations 2011f1, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”.

31Local Government Pension Scheme Regulations 2013

In regulation 95(2)(b) of the Local Government Pension Scheme Regulations 2013f1, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”.

32National Health Service Superannuation Scheme (2008 Section) (Scotland) Regulations 2013

(1)

The National Health Service Superannuation Scheme (2008 Section) (Scotland) Regulations 2013f1 are amended as follows.

(2)

In each of regulations 2.J.8 and 3.J.8, in paragraph (2)(b), after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”.

(3)

In each of regulations 2.E.27 and 3.E.27, in paragraph (3)(b)f2, omit “under the Official Secrets Acts 1911 to 1989”.

33Armed Forces Pension Regulations 2014

(1)

The Armed Forces Pension Regulations 2014f1 are amended as follows.

(2)

In regulation 122(1)(a), after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”.

(3)

In regulation 121(3), for “Official Secrets Acts” substitute “other national security”.

34Firefighters’ Pension Scheme (England) Regulations 2014

(1)

The Firefighters’ Pension Scheme (England) Regulations 2014f1 are amended as follows.

(2)

In regulation 171(5), in paragraph (b) of the definition of “relevant offence”, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”.

(3)

In each of regulations 83(5)(a)(ii) and 166(9)(a)(ii), omit “(Official Secrets Acts offences)”.

35Local Government Pension Scheme Regulations (Northern Ireland) 2014

In regulation 106(2)(b) of the Local Government Pension Scheme Regulations (Northern Ireland) 2014f1, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”.

36Public Service (Civil Servants and Others) Pensions Regulations 2014

(1)

The Public Service (Civil Servants and Others) Pensions Regulations 2014f1 are amended as follows.

(2)

In regulation 165(4), in paragraph (a) of the definition of “relevant offence”, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”.

(3)

In each of regulations 120(5)(b) and 164(9)(a)(ii), after “1989” insert “or an applicable offence under the National Security Act 2023”.

37Public Service (Civil Servants and Others) Pensions Regulations (Northern Ireland) 2014

(1)

The Public Service (Civil Servants and Others) Pensions Regulations (Northern Ireland) 2014f1 are amended as follows.

(2)

In regulation 165(4), in paragraph (a)f2 of the definition of “relevant offence”, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”.

(3)

In each of regulations 120(5)(b) and 164(9)(a)(ii), after “1989” insert “or an applicable offence under the National Security Act 2023”.

38Teachers’ Pension Scheme Regulations 2014

In regulation 181(3)(b) of the Teachers’ Pension Scheme Regulations 2014f1, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”.

39Teachers’ Pension Scheme Regulations (Northern Ireland) 2014

In regulation 181(3)(b) of the Teachers’ Pension Scheme Regulations (Northern Ireland) 2014f1, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”.

40Teachers’ Pension Scheme (Scotland) (No. 2) Regulations 2014

In regulation 175(1)(b) of the Teachers’ Pension Scheme (Scotland) (No. 2) Regulations 2014f1, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”.

41Firefighters’ Pension Scheme Regulations (Northern Ireland) 2015

(1)

The Firefighters’ Pension Scheme Regulations (Northern Ireland) 2015f1 are amended as follows.

(2)

In regulation 173(5), in paragraph (b) of the definition of “relevant offence”, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”.

(3)

In each of regulations 91(5)(a)(ii) and 168(9)(a)(ii), omit “(Official Secrets Acts offences)”.

42Firefighters’ Pension Scheme (Scotland) Regulations 2015

(1)

The Firefighters’ Pension Scheme (Scotland) Regulations 2015f1 are amended as follows.

(2)

In regulation 161(5), in paragraph (b) of the definition of “relevant offence”, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”.

(3)

In each of regulations 83(5)(a)(ii) and 156(9)(a)(ii), omit “(Official Secrets Acts offences)”.

43Firefighters’ Pension Scheme (Wales) Regulations 2015

(1)

The Firefighters’ Pension Scheme (Wales) Regulations 2015f1 are amended as follows.

(2)

In regulation 181(5), in paragraph (b) of the definition of “relevant offence”, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”.

(3)

In each of regulations 92(5)(a)(ii) and 176(9)(a)(ii), omit “(Official Secrets Acts offences)”.

44Health and Social Care Pension Scheme Regulations (Northern Ireland) 2015

(1)

The Health and Social Care Pension Scheme Regulations (Northern Ireland) 2015f1 are amended as follows.

(2)

In Part 4 of Schedule 3, in paragraph 12(2)(b), after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”.

(3)

In regulation 109(10)(a)(ii), omit “(Official Secrets Acts offences)”.

45Judicial Pensions Regulations 2015

(1)

The Judicial Pensions Regulations 2015f1 are amended as follows.

(2)

In regulation 151(4), in paragraph (a) of the definition of “relevant offence”, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”.

(3)

In each of regulations 110(3)(b) and 150(9)(a)(ii), after “1989” insert “or an applicable offence under the National Security Act 2023”.

46Judicial Pensions Regulations (Northern Ireland) 2015

(1)

The Judicial Pensions Regulations (Northern Ireland) 2015f1 are amended as follows.

(2)

In regulation 151(4), in paragraph (a) of the definition of “relevant offence”, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”.

(3)

In each of regulations 110(3)(b) and 150(9)(a)(ii), after “1989” insert “or an applicable offence under the National Security Act 2023”.

47National Health Service Pension Scheme Regulations 2015

(1)

The National Health Service Pension Scheme Regulations 2015f1 are amended as follows.

(2)

In Part 4 of Schedule 3, in paragraph 12(2)(b), after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”.

(3)

In regulation 110(10)(a)(ii), omit “(Official Secrets Acts offences)”.

48National Health Service Pension Scheme (Scotland) Regulations 2015

(1)

The National Health Service Pension Scheme (Scotland) Regulations 2015f1 are amended as follows.

(2)

In Part 4 of Schedule 3, in paragraph 12(2)(b), after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”.

(3)

In regulation 109(10)(a)(ii), omit “(Official Secrets Acts offences)”.

49Occupational Pension Schemes (Schemes that were Contracted-out) (No. 2) Regulations 2015

In regulation 26(2)(a)(ii) of the Occupational Pension Schemes (Schemes that were Contracted-out) (No. 2) Regulations 2015f1, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”.

50Police Pensions Regulations 2015

(1)

The Police Pensions Regulations 2015f1 are amended as follows.

(2)

In regulation 211(5), in paragraph (a) of the definition of “relevant offence”, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”.

(3)

In each of regulations 151(7)(b) and regulation 204(1)(a)(ii), after “1989” insert “or an applicable offence under the National Security Act 2023”.

51Police Pensions Regulations (Northern Ireland) 2015

(1)

The Police Pensions Regulations (Northern Ireland) 2015f1 are amended as follows.

(2)

In regulation 209(4), in the definition of “relevant offence” provided by paragraph (c), after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”.

(3)

In each of regulations 150(7)(b) and regulation 203(1)(a)(ii), after “1989” insert “or an applicable offence under the National Security Act 2023”.

52Police Pension Scheme (Scotland) Regulations 2015

(1)

The Police Pension Scheme (Scotland) Regulations 2015f1 are amended as follows.

(2)

In regulation 201(4), in paragraph (a) of the definition of “relevant offence”, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”.

(3)

In each of regulations 141(7)(b) and regulation 194(1)(a)(ii), after “1989” insert “or an applicable offence under the National Security Act 2023”.

53Occupational Pension Schemes (Schemes that were Contracted-out) Regulations (Northern Ireland) 2016

In regulation 17(2)(a)(ii) of the Occupational Pension Schemes (Schemes that were Contracted-out) Regulations (Northern Ireland) 2016f1, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”.

54Local Government Pension Scheme (Scotland) Regulations 2018

In regulation 89(2)(b) of the Local Government Pension Scheme (Scotland) Regulations 2018f1, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”.

55Judicial Pensions Regulations 2022

In regulation 123(2) of the Judicial Pensions Regulations 2022f1, in paragraph (a) of the definition of “relevant offence”, after “1989” insert “, or under section 18 of, or listed in section 33(3)(a) of, the National Security Act 2023,”.

56Hovercraft (Application of Enactments) Order 1972

In Part A of Schedule 1 to the Hovercraft (Application of Enactments) Order 1972f1, omit the entry relating to the Official Secrets Acts 1911 and 1920f2.

57REACH Enforcement Regulations 2008

In Part 1 of Schedule 6 to the REACH Enforcement Regulations 2008f1, in paragraph 4, for the words from “where they have been declared” to the end, substitute “that are prohibited places within the meaning of Part 1 of the National Security Act 2023.”

58Civil Legal Services (Financial) Regulations (Northern Ireland) 2015

(1)

Regulation 4 of the Civil Legal Services (Financial) Regulations (Northern Ireland) 2015f1 is amended as follows.

(2)

In paragraph (1)—

(a)

after sub-paragraph (j), insert—

“(ja)

civil legal services to the extent that the services consist of—

(i)

advice and assistance or representation for an individual who is the subject of an application for permission under section 42 of the National Security Act 2023, in respect of such an application;

(ii)

advice and assistance in connection with a notice under section 39(1) of that Act (a “Part 2 notice”) for an individual who is subject to that notice;

(iii)

advice and assistance for an individual who is subject to a Part 2 notice, in respect of an application—

(aa)

to vary measures specified in that notice under section 48(4) of that Act;

(bb)

for revocation of that notice in accordance with section 49(3) of that Act;

(cc)

for permission under Part 2 of Schedule 7 to that Act; or

(iv)

representation in respect of relevant proceedings for an individual who is subject to a Part 2 notice;”;

(b)

after sub-paragraph (o)f2, insert—

“(p)

representation of a client who is the subject of proceedings under paragraph 37 or 44 of Schedule 6 to the National Security Act 2023.”.

(3)

In paragraph (3), after the entry for “the Maintenance Orders (Reciprocal Enforcement) Act 1972”, insert—

  • ““relevant proceedings” are the proceedings listed at paragraphs (b) to (g) of the definition of “relevant proceedings” given in section 62(1) of the National Security Act 2023;”.

59Greenhouse Gas Emissions Trading Scheme Order 2020

In each of Articles 39(5)(a) and 40(3)(a) of the Greenhouse Gas Emissions Trading Scheme Order 2020f1, for “for the purposes of the Official Secrets Act 1911” substitute “within the meaning of Part 1 of the National Security Act 2023”.

60Air Navigation (Carbon Offsetting and Reduction Scheme for International Aviation) Order 2021

In each of Articles 46(5)(a) and 47(3)(a) of the Air Navigation (Carbon Offsetting and Reduction Scheme for International Aviation) Order 2021f1, for “for the purposes of the Official Secrets Act 1911” substitute “within the meaning of Part 1 of the National Security Act 2023”.

Explanatory note

(This note is not part of the Regulations)

These Regulations make various amendments of subordinate 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.