Intelligence Services Act 1994

Contents

Gchq

3The Government Communications Headquarters.#

(1)There shall continue to be a Government Communications Headquarters under the authority of the Secretary of State; and, subject to subsection (2) below, its functions shall be—

(a)to monitor , make use of or interfere with electromagnetic, acoustic and other emissions and any equipment producing such emissions and to obtain and provide information derived from or related to such emissions or equipment and from encrypted material; and

(b)to provide advice and assistance about—

(i)languages, including terminology used for technical matters, and

(ii)cryptography and other matters relating to the protection of information and other material,

to the armed forces of the Crown, to Her Majesty’s Government in the United Kingdom or to a Northern Ireland Department or, in such cases as it considers appropriate, to other organisations or persons, or to the general public, in the United Kingdom or elsewhere.

(2)The functions referred to in subsection (1)(a) above shall be exercisable only—

(a)in the interests of national security, with particular reference to the defence and foreign policies of Her Majesty’s Government in the United Kingdom; or

(b)in the interests of the economic well-being of the United Kingdom in relation to the actions or intentions of persons outside the British Islands; or

(c)in support of the prevention or detection of serious crime.

(3)In this Act the expression “GCHQ” refers to the Government Communications Headquarters and to any unit or part of a unit of the armed forces of the Crown which is for the time being required by the Secretary of State to assist the Government Communications Headquarters in carrying out its functions.

4The Director of GCHQ.#

(1)The operations of GCHQ shall continue to be under the control of a Director appointed by the Secretary of State.

(2)The Director shall be responsible for the efficiency of GCHQ and it shall be his duty to ensure—

(a)that there are arrangements for securing that no information is obtained by GCHQ except so far as necessary for the proper discharge of its functions and that no information is disclosed by it except so far as necessary for that purpose or for the purpose of any criminal proceedings; and

(b)that GCHQ does not take any action to further the interests of any United Kingdom political party.

(3)Without prejudice to the generality of subsection (2)(a) above, the disclosure of information shall be regarded as necessary for the proper discharge of the functions of GCHQ if it consists of—

(a)the disclosure of records subject to and in accordance with the Public Records Act 1958; or

(b)the disclosure, subject to and in accordance with arrangements approved by the Secretary of State, of information to the Comptroller and Auditor General for the purposes of his functions.

(4)The Director shall make an annual report on the work of GCHQ to the Prime Minister and the Secretary of State and may at any time report to either of them on any matter relating to its work.

Supplementary

11Interpretation and consequential amendments.#

(1)In this Act—

(a) “the 1989 Act ” means the ^noteSecurity Service Act 1989;

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) “senior official ” has the same meaning as in the Regulation of Investigatory Powers Act 2000;

(e) “wireless telegraphy ” has the same meaning as in the Wireless Telegraphy Act 2006 and, in relation to wireless telegraphy, “interfere ” has the same meaning as in that Act;

(f) “working day ” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the ^noteBanking and Financial Dealings Act 1971 in any part of the United Kingdom.

(1A)Section 81(5) of the Regulation of Investigatory Powers Act 2000 (meaning of “prevention ” and “detection ”), so far as it relates to serious crime, shall apply for the purposes of this Act as it applies for the purposes of that Act, except that for the purposes of section 3 above it shall not include a reference to gathering evidence for use in any legal proceedings (within the meaning of that Act).

(2)In consequence of the preceding provisions of this Act, the 1989 Act, the ^noteOfficial Secrets Act 1989 and the ^noteOfficial Secrets Act 1989 (Prescription) Order 1990 shall have effect subject to the amendments in Schedule 4 to this Act.

12Short title, commencement and extent.#

(1)This Act may be cited as the Intelligence Services Act 1994.

(2)This Act shall come into force on such day as the Secretary of State may by an order made by statutory instrument appoint, and different days may be so appointed for different provisions or different purposes.

(3)This Act extends to Northern Ireland.

(4)Her Majesty may by Order in Council direct that any of the provisions of this Act specified in the Order shall extend, with such exceptions, adaptations and modifications as appear to Her to be necessary or expedient, to the Isle of Man, any of the Channel Islands or any colony.

Authorisation of certain actions

5Warrants: general.#

(1)No entry on or interference with property or with wireless telegraphy shall be unlawful if it is authorised by a warrant issued by the Secretary of State under this section.

(2)The Secretary of State may, on an application made by the Security Service, the Intelligence Service or GCHQ, issue a warrant under this section authorising the taking ^note... of such action as is specified in the warrant in respect of any property so specified or in respect of wireless telegraphy so specified if the Secretary of State—

(a)thinks it necessary for the action to be taken for the purpose of assisting, as the case may be,—

(i)the Security Service in carrying out any of its functions under the 1989 Act; or

(ii)the Intelligence Service in carrying out any of its functions under section 1 above; or

(iii)GCHQ in carrying out any function which falls within section 3(1)(a) above; and

(b)is satisfied that the taking of the action is proportionate to what the action seeks to achieve;

(c)is satisfied that satisfactory arrangements are in force under section 2(2)(a) of the 1989 Act (duties of the Director-General of the Security Service), section 2(2)(a) above or section 4(2)(a) above with respect to the disclosure of information obtained by virtue of this section and that any information obtained under the warrant will be subject to those arrangements.

(2A)The matters to be taken into account in considering whether the requirements of subsection (2)(a) and (b) are satisfied in the case of any warrant shall include whether what it is thought necessary to achieve by the conduct authorised by the warrant could reasonably be achieved by other means.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3A)A warrant issued on the application of the Security Service for the purposes of the exercise of their function under section 1(4) of the ^noteSecurity Service Act 1989 , or on the application of the Intelligence Service or GCHQ for the purposes of the exercise of their functions by virtue of section 1(2)(c) or 3(2)(c), may not relate to property in the British Islands unless it authorises the taking of action in relation to conduct within subsection (3B) below.

(3B)Conduct is within this subsection if it constitutes (or, if it took place in the United Kingdom, would constitute) one or more offences, and either—

(a)it involves the use of violence, results in substantial financial gain or is conduct by a large number of persons in pursuit of a common purpose; or

(b)the offence or one of the offences is an offence for which a person who has attained the age of twenty-one and has no previous convictions could reasonably be expected to be sentenced to imprisonment for a term of three years or more.

(4)Subject to subsection (5) below, the Security Service may make an application under subsection (2) above for a warrant to be issued authorising that Service (or a person acting on its behalf) to take such action as is specified in the warrant on behalf of the Intelligence Service or GCHQ and, where such a warrant is issued, the functions of the Security Service shall include the carrying out of the action so specified, whether or not it would otherwise be within its functions.

(5)The Security Service may not make an application for a warrant by virtue of subsection (4) above except where the action proposed to be authorised by the warrant—

(a)is action in respect of which the Intelligence Service or, as the case may be, GCHQ could make such an application; and

(b)is to be taken otherwise than in support of the prevention or detection of serious crime.

6Warrants: procedure and duration, etc.#

(1)A warrant shall not be issued except—

(a)under the hand of the Secretary of State or in the case of a warrant by the Scottish Minister (by virtue of provision made under section 63 of the Scotland Act 1998), a member of the Scottish Executive ; or

(b)in an urgent case where the Secretary of State has expressly authorised its issue and a statement of that fact is endorsed on it, under the hand of a senior official ^note. . . ; or

(c)in an urgent case where, the Scottish Ministers have (by virtue of provision made under section 63 of the Scotland Act 1998) expressly authorised its issue and a statement of that fact is endorsed thereon, under the hand of a member of the staff of the Scottish Administration who is in the Senior Civil Service and is designated by the Scottish Ministers as a person under whose hand a warrant may be issued in such a case.or

(d)in an urgent case where the Secretary of State has expressly authorised the issue of warrants in accordance with this paragraph by specified senior officials and a statement of that fact is endorsed on the warrant, under the hand of any of the specified officials.

(1A)But a warrant issued in accordance with subsection (1)(d) may authorise the taking of an action only if the action is an action in relation to property which, immediately before the issue of the warrant, would, if done outside the British Islands, have been authorised by virtue of an authorisation under section 7 that was in force at that time.”

(1B)A senior official who issues a warrant in accordance with subsection (1)(d) must inform the Secretary of State about the issue of the warrant as soon as practicable after issuing it.

(2)A warrant shall, unless renewed under subsection (3) below, cease to have effect—

(a)if the warrant was under the hand of the Secretary of State or, in the case of a warrant issued by the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998), a member of the Scottish Executive, at the end of the period of six months beginning with the day on which it was issued; and

(b)in any other case, at the end of the period ending with the fifth working day following that day.

(3)If at any time before the day on which a warrant would cease to have effect the Secretary of State considers it necessary for the warrant to continue to have effect for the purpose for which it was issued, he may by an instrument under his hand renew it for a period of six months beginning with that day.

(4)The Secretary of State shall cancel a warrant if he is satisfied that the action authorised by it is no longer necessary.

(5)In the preceding provisions of this section “warrant ” means a warrant under section 5 above.

(6)As regards the Security Service, this section and section 5 above have effect in place of section 3 (property warrants) of the 1989 Act, and accordingly—

(a)a warrant issued under that section of the 1989 Act and current when this section and section 5 above come into force shall be treated as a warrant under section 5 above, but without any change in the date on which the warrant was in fact issued or last renewed; and

(b)section 3 of the 1989 Act shall cease to have effect.

7Authorisation of acts outside the British Islands.#

(1)If, apart from this section, a person would be liable in the United Kingdom for any act done outside the British Islands, he shall not be so liable if the act is one which is authorised to be done by virtue of an authorisation given by the Secretary of State under this section.

(2)In subsection (1) above “liable in the United Kingdom ” means liable under the criminal or civil law of any part of the United Kingdom.

(3)The Secretary of State shall not give an authorisation under this section unless he is satisfied—

(a)that any acts which may be done in reliance on the authorisation or, as the case may be, the operation in the course of which the acts may be done will be necessary for the proper discharge of a function of the Intelligence Service or GCHQ; and

(b)that there are satisfactory arrangements in force to secure—

(i)that nothing will be done in reliance on the authorisation beyond what is necessary for the proper discharge of a function of the Intelligence Service or GCHQ; and

(ii)that, in so far as any acts may be done in reliance on the authorisation, their nature and likely consequences will be reasonable, having regard to the purposes for which they are carried out; and

(c)that there are satisfactory arrangements in force under section 2(2)(a) or 4(2)(a)above with respect to the disclosure of information obtained by virtue of this section and that any information obtained by virtue of anything done in reliance on the authorisation will be subject to those arrangements.

(4)Without prejudice to the generality of the power of the Secretary of State to give an authorisation under this section, such an authorisation—

(a)may relate to a particular act or acts, to acts of a description specified in the authorisation or to acts undertaken in the course of an operation so specified;

(b)may be limited to a particular person or persons of a description so specified; and

(c)may be subject to conditions so specified.

(5)An authorisation shall not be given under this section except—

(a)under the hand of the Secretary of State; or

(b)in an urgent case where the Secretary of State has expressly authorised it to be given and a statement of that fact is endorsed on it, under the hand of a senior official ^note. . ..

(6)An authorisation shall, unless renewed under subsection (7) below, cease to have effect—

(a)if the authorisation was given under the hand of the Secretary of State, at the end of the period of six months beginning with the day on which it was given;

(b)in any other case, at the end of the period ending with the fifth working day following the day on which it was given.

(7)If at any time before the day on which an authorisation would cease to have effect the Secretary of State considers it necessary for the authorisation to continue to have effect for the purpose for which it was given, he may by an instrument under his hand renew it for a period of six months beginning with that day.

(8)The Secretary of State shall cancel an authorisation if he is satisfied that any act authorised by it is no longer necessary.

(9)For the purposes of this section the reference in subsection (1) to an act done outside the British Islands includes a reference to any act which—

(a)is done in the British Islands; but

(b)is or is intended to be done in relation to apparatus that is believed to be outside the British Islands, or in relation to anything appearing to originate from such apparatus;

and in this subsection “apparatus ” has the same meaning as in the Regulation of Investigatory Powers Act 2000 (c. 23).

(10)Where—

(a)a person is authorised by virtue of this section to do an act outside the British Islands in relation to property,

(b)the act is one which, in relation to property within the British Islands, is capable of being authorised by a warrant under section 5,

(c)a person authorised by virtue of this section to do that act outside the British Islands, does the act in relation to that property while it is within the British Islands, and

(d)the act is done in circumstances falling within subsection (11) or (12),

this section shall have effect as if the act were done outside the British Islands in relation to that property.

(11)An act is done in circumstances falling within this subsection if it is done in relation to the property at a time when it is believed to be outside the British Islands.

(12)An act is done in circumstances falling within this subsection if it —

(a)is done in relation to property which was mistakenly believed to be outside the British Islands either when the authorisation under this section was given or at a subsequent time or which has been brought within the British Islands since the giving of the authorisation; but

(b)is done before the end of the fifth working day after the day on which the presence of the property in the British Islands first becomes known.

(13)In subsection (12) the reference to the day on which the presence of the property in the British Islands first becomes known is a reference to the day on which it first appears to a member of the Intelligence Service or of GCHQ, after the relevant time—

(a)that the belief that the property was outside the British Islands was mistaken; or

(b)that the property is within those Islands.

(14)In subsection (13) ‘the relevant time’ means, as the case may be—

(a)the time of the mistaken belief mentioned in subsection (12)(a); or

(b)the time at which the property was, or was most recently, brought within the British Islands.

The Commissioner, the Tribunal and the investigation of complaints

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The Intelligence and Security Committee

10The Intelligence and Security Committee.#

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The Secret Intelligence Service

1The Secret Intelligence Service.#

(1)There shall continue to be a Secret Intelligence Service (in this Act referred to as “the Intelligence Service ”) under the authority of the Secretary of State; and, subject to subsection (2) below, its functions shall be—

(a)to obtain and provide information relating to the actions or intentions of persons outside the British Islands; and

(b)to perform other tasks relating to the actions or intentions of such persons.

(2)The functions of the Intelligence Service shall be exercisable only—

(a)in the interests of national security, with particular reference to the defence and foreign policies of Her Majesty’s Government in the United Kingdom; or

(b)in the interests of the economic well-being of the United Kingdom; or

(c)in support of the prevention or detection of serious crime.

2The Chief of the Intelligence Service.#

(1)The operations of the Intelligence Service shall continue to be under the control of a Chief of that Service appointed by the Secretary of State.

(2)The Chief of the Intelligence Service shall be responsible for the efficiency of that Service and it shall be his duty to ensure—

(a)that there are arrangements for securing that no information is obtained by the Intelligence Service except so far as necessary for the proper discharge of its functions and that no information is disclosed by it except so far as necessary—

(i)for that purpose;

(ii)in the interests of national security;

(iii)for the purpose of the prevention or detection of serious crime; or

(iv)for the purpose of any criminal proceedings; and

(b)that the Intelligence Service does not take any action to further the interests of any United Kingdom political party.

(3)Without prejudice to the generality of subsection (2)(a) above, the disclosure of information shall be regarded as necessary for the proper discharge of the functions of the Intelligence Service if it consists of—

(a)the disclosure of records subject to and in accordance with the Public Records Act 1958; or

(b)the disclosure, subject to and in accordance with arrangements approved by the Secretary of State, of information to the Comptroller and Auditor General for the purposes of his functions.

(4)The Chief of the Intelligence Service shall make an annual report on the work of the Intelligence Service to the Prime Minister and the Secretary of State and may at any time report to either of them on any matter relating to its work.

Schedule 1

Preliminary

(1)Any person may complain to the Tribunal if he is aggrieved by anything which he believes the Intelligence Service or GCHQ has done in relation to him or to any property of his; and, unless the Tribunal consider that the complaint is frivolous or vexatious, they shall deal with it in accordance with this Schedule.

References and investigations by the Tribunal

(2)If and so far as the complaint alleges that anything has been done in relation to any property of the complainant, the Tribunal shall refer the complaint to the Commissioner.

(3)Subject to paragraph 2 above and paragraph 4 below, the Tribunal shall investigate—

(a)whether the Intelligence Service or, as the case may be, GCHQ has obtained or provided information or performed any other tasks in relation to the actions or intentions of the complainant; and

(b)if so, whether, applying the principles applied by a court on an application for judicial review, the Intelligence Service or GCHQ had reasonable grounds for doing what it did.

(4)If, in the course of the investigation of a complaint by the Tribunal, the Tribunal consider that it is necessary to establish whether an authorisation was given under section 7 of this Act to the doing of any act, they shall refer so much of the complaint as relates to the doing of that act to the Commissioner.

Functions of the Commissioner in relation to complaints

(5)

(1)Where a reference is made to the Commissioner under paragraph 2 or paragraph 4 above, the Commissioner shall investigate, as the case may require,—

(a)whether a warrant was issued under section 5 of this Act in relation to the property concerned; or

(b)whether an authorisation was given under section 7 of this Act to the doing of the act in question.

(2)If the Commissioner finds that a warrant was issued or an authorisation was given, he shall, applying the principles applied by a court on an application for judicial review, determine whether the Secretary of State was or, in the case of a warrant issued by them (by virtue of provision made under section 63 of the Scotland Act 1998, the Scottish Ministers were acting properly in issuing or renewing the warrant or, as the case may be, in giving or renewing the authorisation.

(3)The Commissioner shall inform the Tribunal of his conclusion on any reference made to him under paragraph 2 or paragraph 4 above.

Report of conclusions

(6)

(1)Where the Tribunal determine under paragraph 3 above that the Intelligence Service or, as the case may be, GCHQ did not have reasonable grounds for doing what it did, they shall—

(a)give notice to the complainant that they have made a determination in his favour; and

(b)make a report of their findings to the Secretary of State or, in the case of a warrant issued by them (by virtue of provision under section 63 of the Scotland Act 1998), the Scottish Ministers and to the Commissioner.

(2)The Tribunal shall also give notice to the complainant of any determination in his favour by the Commissioner under paragraph 5 above.

(3)Where in the case of any complaint no such determination as is mentioned in sub-paragraph (1) or sub-paragraph (2) above is made by the Tribunal or the Commissioner, the Tribunal shall give notice to the complainant that no determination in his favour has been made on his complaint.

Special references by Tribunal to Commissioner

(7)

(1)If in any case investigated by the Tribunal—

(a)the Tribunal’s conclusions on the matters which they are required to investigate are such that no determination is made by them in favour of the complainant; but

(b)it appears to the Tribunal from the allegations made by the complainant that it is appropriate for there to be an investigation into whether the Intelligence Service or GCHQ has in any other respect acted unreasonably in relation to the complainant or his property,

they shall refer that matter to the Commissioner.

(2)The Commissioner may report any matter referred to him under sub-paragraph (1) above to the Secretary of State or, in any case which relates to a warrant which was issued by them (by virtue of provision made under section 63 of the Scotland Act 1998), to the Scottish Ministers.

Remedies

(8)

(1)Where the Tribunal give a complainant notice of such a determination as is mentioned in paragraph 6(1) above, the Tribunal may do either or both of the following, namely,—

(a)direct that the obtaining and provision of information in relation to the complainant or, as the case may be, the conduct of other activities in relation to him or to any property of his shall cease and that any records relating to such information so obtained or provided or such other activities shall be destroyed;

(b)direct the Secretary of State or, if the determination relates to activities in respect of which a warrant was issued under section 5 of this Act by them (by virtue of provision made under section 63 of the Scotland Act 1998), the Scottish Ministers to pay to the complainant such sum by way of compensation as may be specified by the Tribunal.

(2)Where the Tribunal give a complainant notice of such a determination as is mentioned in paragraph 6(2) above, the Tribunal may do either or both of the following, namely,—

(a)quash any warrant or authorisation which the Commissioner has found to have been improperly issued, renewed or given and which he considers should be quashed;

(b)direct the Secretary of State to pay to the complainant such sum by way of compensation as may be specified by the Commissioner.

(3)Where the Secretary of State receives a report under paragraph 7(2) above, he may take such action in the light of the report as he thinks fit, including any action which the Tribunal have power to take or direct under the preceding provisions of this paragraph.

Supplementary

(9)The persons who may complain to the Tribunal under this Schedule include any organisation and any association or combination of persons.

(10)

(1)No complaint shall be entertained under this Schedule if and so far as it relates to anything done before the date on which this Schedule comes into force.

(2)Where any activities in relation to any person or his property were instituted before that date and no decision had been taken before that date to discontinue them, paragraphs 2 and 3 above shall have effect as if they had been instituted on that date.

(11)Any reference in this Schedule to a complainant’s property includes—

(a)a reference to any wireless telegraphy transmission originated or received or intended to be received by him; and

(b)a reference to any place where the complainant resides or works.

Schedule 2

Constitution of the Tribunal

(1)

(1)The Tribunal shall consist of not less than three or more than five members each of whom shall be—

(a)a person who has a 10 year general qualification within the meaning of section 71 of the ^noteCourts and Legal Services Act 1990;

(b)an advocate or solicitor in Scotland of at least ten years’ standing; or

(c)a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 10 years’ standing.

(2)The members of the Tribunal shall be appointed by Her Majesty by Royal Warrant.

(3)A member of the Tribunal shall vacate office at the end of the period of five years beginning with the day of his appointment but shall be eligible for re-appointment.

(4)A member of the Tribunal may be relieved of office by Her Majesty at his own request.

(5)A member of the Tribunal may be removed from office by Her Majesty on an Address presented to Her by both Houses of Parliament.

President and Vice-President

(2)

(1)Her Majesty may by Royal Warrant appoint as President or Vice-President of the Tribunal a person who is, or by virtue of that Warrant will be, a member of the Tribunal.

(2)If at any time the President of the Tribunal is temporarily unable to carry out the functions of the President under this Schedule, the Vice-President shall carry out those functions.

(3)A person shall cease to be President or Vice-President of the Tribunal if he ceases to be a member of the Tribunal.

Procedure

(3)The functions of the Tribunal in relation to any complaint shall be capable of being carried out, in any place in the United Kingdom, by any two or more members of the Tribunal designated for the purpose by their President; and different members of the Tribunal may carry out functions in relation to different complaints at the same time.

(4)

(1)It shall be the duty of every member of the Intelligence Service or, as the case may be, GCHQ to disclose or give to the Tribunal such documents or information as they may require for the purpose of enabling them to carry out their functions under this Act.

(2)Subject to paragraph 6(2) below, the Tribunal shall carry out their functions under this Act in such a way as to secure that no document or information disclosed or given to the Tribunal by any person is disclosed without his consent to any complainant, to any person (other than the Commissioner) holding office under the Crown or to any other person; and accordingly the Tribunal shall not, except in reports under paragraph 6(1)(b) of Schedule 1 to this Act, give any reasons for a determination notified by them to a complainant.

(3)Subject to sub-paragraph (2) above, the Tribunal may determine their own procedure.

Salaries and expenses

(5)

(1)The Secretary of State shall pay to the members of the Tribunal such remuneration and allowances as he may with the approval of the Treasury determine.

(2)The Secretary of State shall defray such expenses of the Tribunal as he may with the approval of the Treasury determine.

Staff

(6)

(1)The Secretary of State may, after consultation with the Tribunal and with the approval of the Treasury as to numbers, provide the Tribunal with such staff as he thinks necessary for the proper discharge of their functions.

(2)The Tribunal may authorise any member of their staff to obtain any documents or information on the Tribunal’s behalf.

Parliamentary disqualification

(7)

(1)In Part II of Schedule 1 to the ^noteHouse of Commons Disqualification Act 1975 (bodies whose members are disqualified) there shall be inserted at the appropriate place—

(2)The same amendment shall be made in Part II of Schedule 1 to the ^noteNorthern Ireland Assembly Disqualification Act 1975.

“The Tribunal established under section 9 of the Intelligence Services Act 1994”

Schedule 3 · The intelligence and security committee

Tenure of office

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Procedure

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Access to information

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Sensitive information

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (repealed)

Schedule 4 · Consequential amendments

The Security Service Act 1989

(1)

(1)In section 2 of the ^noteSecurity Service Act 1989 (duties of the Director-General of the Security Service) in subsection (2) after the words “serious crime ” there shall be inserted “ or for the purpose of any criminal proceedings ”.

(2)After subsection (3) of that section there shall be inserted the following subsection—“3A Without prejudice to the generality of subsection (2)(a) above, the disclosure of information shall be regarded as necessary for the proper discharge of the functions of the Security Service if it consists of—a the disclosure of records subject to and in accordance with the Public Records Act 1958; orb the disclosure, subject to and in accordance with arrangements approved by the Secretary of State, of information to the Comptroller and Auditor General for the purposes of his functions.”

(2)In section 4(3) of that Act (Security Service Commissioner to review exercise of powers by Secretary of State), for the words “powers under section 3 above ” there shall be substituted “ powers, so far as they relate to applications made by the Service, under sections 5 and 6 of the Intelligence Services Act 1994. ”

(3)In paragraph 4(1) of Schedule 1 to that Act (Security Service Commissioner to investigate whether the Secretary of State acted properly in issuing or renewing warrant), after the words “section 3 of this Act ” there shall be inserted “ or section 5 of the Intelligence Services Act 1994 ”.

The Official Secrets Act 1989

(4)In section 4 of the ^noteOfficial Secrets Act 1989 (disclosure of information which results in commission of an offence etc.) in subsection (3)(b) after the words “under section 3 of the Security Service Act 1989 ” there shall be inserted “ or under section 5 of the Intelligence Services Act 1994 or by an authorisation given under section 7 of that Act ”.

The Official Secrets Act 1989 (Prescription) Order 1990

(5)At the end of Schedule 3 to the ^noteOfficial Secrets Act 1989 (Prescription) Order 1990 (bodies giving official authorisations etc.) there shall be added the following entry—“”

Contains public sector information licensed under the Open Government Licence v3.0.