# Justice and Security Act 2013

        - Previous
        - Next

U.K.

# Justice and Security Act 2013

# 2013 CHAPTER 18

An Act to provide for oversight of the Security Service, the Secret Intelligence Service, the Government Communications Headquarters                        and other activities relating to intelligence or security matters; to make provision about closed material procedure in relation                        to certain civil proceedings; to prevent the making of certain court orders for the disclosure of sensitive information; and                        for connected purposes.                     

[25th April 2013]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons,                           in this present Parliament assembled, and by the authority of the same, as follows:—                        

## **Part 1**U.K.Oversight of intelligence and security activities

### Oversight by the Intelligence and Security Committee of ParliamentU.K.

#### No commentary item could be found for this reference M_I_4e4a293d-70ce-49b1-d655-cc1c7fe6d5411The Intelligence and Security Committee of ParliamentU.K.

(1)There is to be a body known as the Intelligence and Security Committee of Parliament (in this Part referred to as “the ISC”).                  

(2)The ISC is to consist of nine members who are to be drawn both from the members of the House of Commons and from the members                        of the House of Lords.                  

(3)Each member of the ISC is to be appointed by the House of Parliament from which the member is to be drawn.                  

(4)A person is not eligible to become a member of the ISC unless the person—                  

(a)is nominated for membership by the Prime Minister, and                  

(b)is not a Minister of the Crown.                  

(5)Before deciding whether to nominate a person for membership, the Prime Minister must consult the Leader of the Opposition.                  

(6)A member of the ISC is to be the Chair of the ISC chosen by its members.                  

(7)Schedule 1 (which makes further provision about the ISC) has effect.                  

#### 2Main functions of the ISCU.K.

(1)The ISC may examine or otherwise oversee the expenditure, administration, policy and operations of—                  

(a)the Security Service,                  

(b)the Secret Intelligence Service, and                  

(c)the Government Communications Headquarters.                  

(2)The ISC may examine or otherwise oversee such other activities of Her Majesty's Government in relation to intelligence or                        security matters as are set out in a memorandum of understanding.                  

(3)The ISC may, by virtue of subsection (1) or (2), consider any particular operational matter but only so far as—                  

(a)the ISC and the Prime Minister are satisfied that the matter—                  

(i)is not part of any ongoing intelligence or security operation, and                  

(ii)is of significant national interest,                  

(b)the Prime Minister has asked the ISC to consider the matter, or                  

(c)the ISC's consideration of the matter is limited to the consideration of information provided voluntarily to the ISC (whether                        or not in response to a request by the ISC) by—                  

(i)the Security Service,                  

(ii)the Secret Intelligence Service,                  

(iii)the Government Communications Headquarters, or                  

(iv)a government department.                  

(4)The ISC's consideration of a particular operational matter under subsection (3)(a) or (b) must, in the opinion of the ISC                        and the Prime Minister, be consistent with any principles set out in, or other provision made by, a memorandum of understanding.                  

(5)A memorandum of understanding under this section—                  

(a)may include other provision about the ISC or its functions which is not of the kind envisaged in subsection (2) or (4),                  

(b)must be agreed between the Prime Minister and the ISC, and                  

(c)may be altered (or replaced with another memorandum) with the agreement of the Prime Minister and the ISC.                  

(6)The ISC must publish a memorandum of understanding under this section and lay a copy of it before Parliament.                  

Commencement Information

I1S. 2 in force at 25.6.2013 by S.I. 2013/1482, **art. 2** (with arts. 3, 4)

#### 3Reports of the ISCU.K.

(1)The ISC must make an annual report to Parliament on the discharge of its functions.                  

(2)The ISC may make such other reports to Parliament as it considers appropriate concerning any aspect of its functions.                  

(3)Before making a report to Parliament, the ISC must send it to the Prime Minister.                  

(4)The ISC must exclude any matter from any report to Parliament if the Prime Minister, after consultation with the ISC, considers                        that the matter would be prejudicial to the continued discharge of the functions of the Security Service, the Secret Intelligence                        Service, the Government Communications Headquarters or any person carrying out activities falling within section 2(2).                  

(5)A report by the ISC to Parliament must contain a statement as to whether any matter has been excluded from the report by virtue                        of subsection (4).                  

(6)The ISC must lay before Parliament any report made by it to Parliament.                  

(7)The ISC may make a report to the Prime Minister in relation to matters which would be excluded by virtue of subsection (4)                        if the report were made to Parliament.                  

Commencement Information

I2S. 3 in force at 25.6.2013 by S.I. 2013/1482, **art. 2** (with arts. 3, 4)

#### 4Sections 1 to 3 and Schedule 1: interpretationU.K.

In sections 1 to 3 and Schedule 1—
          -  “government department” means a department of Her Majesty's Government but does not include—                          (a)
the Security Service,
(b)
the Secret Intelligence Service, or
(c)
the Government Communications Headquarters,
 
          -  “Her Majesty's forces” has the same meaning as in the Armed Forces Act 2006,                         
          -  “Her Majesty's Government” means Her Majesty's Government in the United Kingdom,                         
          -  “Leader of the Opposition” has the same meaning as in the Ministerial and other Salaries Act 1975,                         
          -  “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975,                         
          -  “notice” means notice in writing.                         

Commencement Information

I3S. 4 in force at 25.6.2013 by S.I. 2013/1482, **art. 2** (with arts. 3, 4)

### Oversight by the Intelligence Services CommissionerU.K.

#### 5Additional review functions of the CommissionerU.K.

After section 59 of the Regulation of Investigatory Powers Act 2000 (Intelligence Services Commissioner) insert—

##### “59AAdditional functions of the Intelligence Services Commissioner

(1)So far as directed to do so by the Prime Minister and subject to subsection (2), the Intelligence Services Commissioner must                           keep under review the carrying out of any aspect of the functions of—                  

(a)an intelligence service,                  

(b)a head of an intelligence service, or                  

(c)any part of Her Majesty's forces, or of the Ministry of Defence, so far as engaging in intelligence activities.                  

(2)Subsection (1) does not apply in relation to anything which is required to be kept under review by the Interception of Communications                           Commissioner or under section 59.                  

(3)The Prime Minister may give a direction under this section at the request of the Intelligence Services Commissioner or otherwise.                  

(4)Directions under this section may, for example, include directions to the Intelligence Services Commissioner to keep under                           review the implementation or effectiveness of particular policies of the head of an intelligence service regarding the carrying                           out of any of the functions of the intelligence service.                  

(5)The Prime Minister must publish, in a manner which the Prime Minister considers appropriate, any direction under this section                           (and any revocation of such a direction) except so far as it appears to the Prime Minister that such publication would be                           contrary to the public interest or prejudicial to—                  

(a)national security,                  

(b)the prevention or detection of serious crime,                  

(c)the economic well-being of the United Kingdom, or                  

(d)the continued discharge of the functions of any public authority whose activities include activities that are subject to review                           by the Intelligence Services Commissioner.                  

(6)In this section “head”, in relation to an intelligence service, means—                  

(a)in relation to the Security Service, the Director-General,                  

(b)in relation to the Secret Intelligence Service, the Chief, and                  

(c)in relation to GCHQ, the Director.”                  

Commencement Information

I4S. 5 in force at 25.6.2013 by S.I. 2013/1482, **art. 2** (with arts. 3, 4)

## **Part 2**U.K.Disclosure of sensitive material

### Closed material procedure: generalU.K.

#### 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

#### 7Review and revocation of declaration under section 6U.K.

#### 8Determination by court of applications in section 6 proceedingsU.K.

#### 9Appointment of special advocateU.K.

#### 10Saving for normal disclosure rulesU.K.

#### 11General provision about section 6 proceedingsU.K.

#### 12Reports on use of closed material procedureU.K.

#### 13Review of sections 6 to 11U.K.

#### 14Sections 6 to 13: interpretationU.K.

### Closed material procedure: immigrationU.K.

#### 15Certain exclusion, naturalisation and citizenship decisionsU.K.

### Closed material procedure: employmentU.K.

#### 16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

###  “Norwich Pharmacal” and similar jurisdictionsU.K.

#### 17Disclosure proceedingsU.K.

#### 18Review of certificationU.K.

## **Part 3**U.K.General

### 19Consequential and transitional etc. provisionU.K.

(1)Schedules 2 and 3 (which make consequential and transitional provision) have effect.                  

(2)The Secretary of State may by order made by statutory instrument make such transitional, transitory or saving provision as                        the Secretary of State considers appropriate in connection with the coming into force of any provision of this Act.                  

Commencement Information

I5S. 19 partly in force; s. 19(1) in force for specified purposes and s. 19(2) in force at Royal Assent, see s. 20(1)(c)(2)(a)(c)

### 20Commencement, extent and short titleU.K.

(1)The following provisions—                  

(a)section 1 and Schedule 1,                  

(b)sections 2 to 18,                  

(c)section 19(1) (except so far as relating to paragraph 4 of Schedule 3),                  

(d)Schedule 2, and                  

(e)Schedule 3 (other than paragraph 4 of that Schedule),                  

come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days                     may be appointed for different purposes.                  

(2)The following provisions—                  

(a)section 19(1) so far as relating to paragraph 4 of Schedule 3,                  

(b)paragraph 4 of Schedule 3,                  

(c)section 19(2), and                  

(d)this section,                  

come into force on the day on which this Act is passed.

(3)Subject to subsections (4) to (6), this Act extends to England and Wales, Scotland and Northern Ireland.                  

(4)In Schedule 2—                  

(a)the amendments of the Senior Courts Act 1981 extend to England and Wales only,                  

(b)the amendments of the Equality Act 2006 and the Equality Act 2010 extend to England and Wales and Scotland only, and                  

(c)the amendment of the Race Relations (Northern Ireland) Order 1997 extends to Northern Ireland only.                  

(5)Her Majesty may by Order in Council provide for section 15 and paragraph 9 of Schedule 2 to extend, with or without modifications,                        to any of the Channel Islands or to the Isle of Man.                  

(6)An Order under subsection (5) may, in particular, include (with or without modifications) transitional provision of the kind                        permitted by paragraph 4 of Schedule 3.                  

(7)This Act may be cited as the Justice and Security Act 2013.                  

# SCHEDULES

 Section 1(7)

## SCHEDULE 1U.K.The Intelligence and Security Committee of Parliament

### Tenure of officeU.K.

1(1)Subject as follows, a person appointed as a member of the ISC during a Parliament holds office for the duration of that Parliament.U.K.

(2)A member of the ISC vacates office if—

(a)the person ceases to be a member of the House of Parliament by virtue of which the person is a member of the ISC,

(b)the person becomes a Minister of the Crown, or

(c)a resolution for the person's removal is passed in the House of Parliament by virtue of which the person is a member of the                        ISC.

(3)A member of the ISC may resign at any time by notice given to—

(a)the Chair of the ISC, or

(b)in the case of the member who is the Chair of the ISC, the Speaker of the House of Parliament by virtue of which the person                        is a member of the ISC.

(4)A person who ceases to be a member of the ISC is eligible for reappointment.

(5)Section 1(2) does not affect the validity of anything done between the occurrence of a vacancy and the vacancy being filled.

(6)Anything which, immediately before the end of a Parliament, is in the process of being done or omitted to be done by or in                        relation to the ISC may be continued by or in relation to the ISC in the new Parliament.

(7)Anything done or omitted to be done by or in relation to the ISC in a Parliament (or treated as so done or omitted) is, if                        in force or effective immediately before the end of that Parliament, to have effect as if done or omitted by or in relation                        to the ISC in the new Parliament so far as that is required for continuing its effect in that Parliament.

### ProcedureU.K.

2(1)The ISC may determine its own procedure; but this is subject to sub-paragraphs (2) to (5).U.K.

(2)If on any matter there is an equality of voting among the members of the ISC, the Chair of the ISC has a second or casting                        vote.

(3)The Chair of the ISC may appoint another member of the ISC to act, in the Chair's absence, as the chair of the ISC at any                        meeting of it.

(4)A person appointed under sub-paragraph (3) does not enjoy the right conferred on the Chair of the ISC by sub-paragraph (2).

(5)The quorum of the ISC is three.

(6)The ISC may take evidence on oath, and for that purpose may administer oaths.

### Funding and other resourcesU.K.

3U.K.A Minister of the Crown—

(a)may make payments to either House of Parliament in respect of any expenditure incurred, or to be incurred, by either House                        in relation to the ISC,

(b)may provide staff, accommodation or other resources to either House of Parliament for the purposes of the ISC,

(c)may make payments, or provide staff, accommodation or other resources, to the ISC, or

(d)may otherwise make payments, or provide staff, accommodation or other resources, to any person for the purposes of the ISC.

### Access to informationU.K.

4(1)This paragraph applies to information requested by the ISC in the exercise of its functions that—U.K.

(a)does not relate to any particular operational matter, or

(b)relates to a particular operational matter that the ISC is considering under section 2(3)(a) or (b).

(2)If the Director-General of the Security Service, the Chief of the Secret Intelligence Service or the Director of the Government                        Communications Headquarters is asked by the ISC to disclose the information, then, as to the whole or any part of the information                        which is sought, that person must either—

(a)arrange for it to be made available to the ISC subject to and in accordance with a memorandum of understanding under section                        2, or

(b)inform the ISC that the information cannot be disclosed because the Secretary of State has decided that it should not be disclosed.

(3)If the ISC asks a government department or any part of a government department to disclose the information, then, as to the                        whole or any part of the information which is sought, the relevant Minister of the Crown must either—

(a)arrange for it to be made available to the ISC subject to and in accordance with a memorandum of understanding under section                        2, or

(b)inform the ISC that the information cannot be disclosed because the Secretary of State has decided that it should not be disclosed.

(4)The Secretary of State may decide under sub-paragraph (2)(b) or (3)(b) that information should not be disclosed only if the                        Secretary of State considers that—

(a)it is—

(i)sensitive information (as defined in paragraph 5), and

(ii)information which, in the interests of national security, should not be disclosed to the ISC, or

(b)it is information of such a nature that, if the Secretary of State were requested to produce it before a Departmental Select                        Committee of the House of Commons, the Secretary of State would consider (on grounds which were not limited to national security)                        it proper not to do so.

(5)In deciding for the purposes of sub-paragraph (4)(b) whether it would be proper not to disclose information, the Secretary                        of State must have regard to any guidance issued by a Minister of the Crown or a government department concerning the provision                        of evidence by civil servants to Select Committees.

(6)The disclosure of information to the ISC in accordance with sub-paragraph (2) is to be regarded for the purposes of the Security                        Service Act 1989 or the Intelligence Services Act 1994 as necessary for the proper discharge of the functions of the Security                        Service, the Secret Intelligence Service or (as the case may be) the Government Communications Headquarters.

(7)In this paragraph “relevant Minister of the Crown”, in relation to a request for information, means—

(a)such Minister of the Crown as is identified, for the purposes of requests of that description, in a memorandum of understanding                        under section 2, or

(b)if no Minister of the Crown is so identified, any Minister of the Crown.

### Sensitive informationU.K.

5U.K.The following information is sensitive information for the purposes of paragraph 4(4)(a)—

(a)information which might lead to the identification of, or provide details of, sources of information, other assistance or                        operational methods available to—

(i)the Security Service,

(ii)the Secret Intelligence Service,

(iii)the Government Communications Headquarters, or

(iv)any part of a government department, or any part of Her Majesty's forces, which is engaged in intelligence or security activities,

(b)information about particular operations which have been, are being or are proposed to be undertaken in pursuance of any of                        the functions of the persons mentioned in paragraph (a)(i) to (iv),

(c)information provided by, or by an agency of, the Government of a country or territory outside the United Kingdom where that                        Government does not consent to the disclosure of the information.

### Publication of information received in privateU.K.

6(1)This paragraph applies to information received by the ISC in private in connection with the exercise of its functions.U.K.

(2)The ISC—

(a)may only publish the information by way of a report under section 3, and

(b)must not otherwise disclose the information to any person if the ISC considers that there is a risk that the person will publish                        it.

(3)The restrictions on publication and disclosure of information in sub-paragraph (2) do not apply if—

(a)the ISC and the Prime Minister are satisfied that publication or disclosure would not be prejudicial to the continued discharge                        of the functions of the Security Service, the Secret Intelligence Service, the Government Communications Headquarters or any                        person carrying out activities falling within section 2(2),

(b)publication or disclosure is necessary for the ISC to comply with any enactment or rule of law, or

(c)the information has on an earlier occasion been disclosed to the public, in circumstances which do not contravene—

(i)sub-paragraph (2), or

(ii)any other enactment or rule of law prohibiting or restricting the disclosure of information.

### Protection for witnessesU.K.

7(1)Evidence given by a person who is a witness before the ISC may not be used in any civil or disciplinary proceedings, unless                        the evidence was given in bad faith.U.K.

(2)Evidence given by a person who is a witness before the ISC may not be used against the person in any criminal proceedings,                        unless the evidence was given in bad faith.

 Section 19(1)

## SCHEDULE 2U.K.Consequential provision

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

 Section 19(1)

## SCHEDULE 3U.K.Transitional provision

### **Part 1**U.K.Oversight of intelligence and security activities

1(1)The persons who, immediately before the coming into force of section 1(1), were members of the previous Intelligence and Security                        Committee become, on the coming into force of section 1(1), members of the new Intelligence and Security Committee.U.K.

(2)The person who, immediately before the coming into force of section 1(1), was the Chairman of the previous Intelligence and                        Security Committee becomes, on the coming into force of section 1(1), the Chair of the new Intelligence and Security Committee.

(3)The new Intelligence and Security Committee may have access to documents or other information provided or belonging to the                        previous Intelligence and Security Committee.

(4)In this paragraph—
          -  “the new Intelligence and Security Committee” means the Intelligence and Security Committee of Parliament established under section 1 of this Act,                         
          -  “the previous Intelligence and Security Committee” means the Intelligence and Security Committee established under section 10 of the Intelligence Services Act 1994.                         

### **Part 2**U.K.Closed material procedure

2U.K.Sections 6 to 14, and paragraphs 7, 8 and 11 of Schedule 2 (other than paragraph 11(3)(b)(i) and (ii)), apply in relation                        to proceedings begun, but not finally determined, before the coming into force of section 6 (in addition to proceedings begun                        on or after the coming into force of that section).

3(1)The first time after the passing of this Act that rules of court are made in exercise of the powers conferred by sections                        6 to 14 in relation to proceedings in England and Wales or in Northern Ireland before a court of a particular description,                        the rules (together with any related rules of court) may be made by the Lord Chancellor instead of by the person who would                        otherwise make them.U.K.

(2)Sub-paragraph (1) does not apply to rules of court in relation to proceedings before the Supreme Court.

(3)Before making rules of court under sub-paragraph (1), the Lord Chancellor must consult—

(a)in relation to rules applicable to proceedings in England and Wales, the Lord Chief Justice of England and Wales, and

(b)in relation to rules applicable to proceedings in Northern Ireland, the Lord Chief Justice of Northern Ireland.

(4)But the Lord Chancellor is not required to undertake any other consultation before making the rules.

(5)A requirement to consult under sub-paragraph (3) may be satisfied by consultation that took place wholly or partly before                        the passing of this Act.

(6)Rules of court made by the Lord Chancellor under sub-paragraph (1)—

(a)must be laid before Parliament, and

(b)if not approved by a resolution of each House before the end of 40 days beginning with the day on which they were made, cease                        to have effect at the end of that period.

(7)In determining that period of 40 days no account is to be taken of any time during which Parliament is dissolved or prorogued                        or during which both Houses are adjourned for more than 4 days.

(8)If rules cease to have effect in accordance with sub-paragraph (6)—

(a)that does not affect anything done in previous reliance on the rules, and

(b)sub-paragraph (1) applies again as if the rules had not been made.

(9)The following provisions do not apply to rules of court made by the Lord Chancellor under this paragraph—

(a)section 3(6) of the Civil Procedure Act 1997 (Parliamentary procedure for civil procedure rules),

(b)section 56(1), (2) and (4) of the Judicature (Northern Ireland) Act 1978 (statutory rules procedure).

(10)Until the coming into force of section 85 of the Courts Act 2003, the reference in sub-paragraph (9)(a) to section 3(6) of                        the Civil Procedure Act 1997 is to be read as a reference to section 3(2) of that Act.

(11)In this paragraph “related rules of court” means rules of court that—

(a)are contained in the same instrument as the rules mentioned in sub-paragraph (1), and

(b)relate specifically to the same kind of proceedings as those rules.

4(1)An order under section 19(2) may, in particular, make provision about the application of section 15, and paragraphs 9, 10                        and 12 of Schedule 2, to any direction or decision of the Secretary of State which—U.K.

(a)is of a kind falling within section 2C(1)(a) and (b) or (as the case may be) 2D(1)(a) of the Special Immigration Appeals Commission                        Act 1997, and

(b)was made before the section 15 commencement day.

(2)Provision of the kind mentioned in sub-paragraph (1) may, in particular, provide for—

(a)the Secretary of State to certify under section 2C(1)(c) or (as the case may be) 2D(1)(b) of the Special Immigration Appeals                        Commission Act 1997, on or after the section 15 commencement day, any direction or decision falling within sub-paragraph (1),

(b)the termination of any judicial review proceedings, or proceedings on appeal from such proceedings, which relate to a direction                        or decision which is so certified (whether such proceedings began before, on or after the section 15 commencement day).

(3)In this paragraph “the section 15 commencement day” means the day on which section 15 comes into force.

### **Part 3**U.K.“Norwich Pharmacal” and similar jurisdictions

5U.K.Sections 17 and 18 apply in relation to proceedings begun, but not finally determined, before the coming into force of section                        17 (in addition to proceedings begun on or after the coming into force of that section).