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

Police and Criminal Evidence (Northern Ireland) Order 1989

9.—(1) The Police and Criminal Evidence (Northern Ireland) Order 1989(1) is amended as follows.

(2) In Article 2(3)(a)(2), 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)(3), insert “; or

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

(4) In Article 51, after sub-paragraph (ba)(4), insert—

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

(5) In Article 63D(5)—

(a) in paragraph (1)(a)(i)(6), 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—

(a)

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

(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 63DA(7)—

(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—

(a)

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

(b)

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

(1)

S.I. 1989/1341 (N.I. 12).

(2)

Article 2(3)(a) was subject to relevant amendment by section 125 of, and paragraph 8(3) of Schedule 15 to, the Terrorism Act 2000 (c. 11).

(3)

Article 32(15)(b) was substituted by section 125 of, and paragraph 8(7) of Schedule 15 to, the Terrorism Act 2000 (c. 11).

(4)

Paragraph (ba) was inserted by section 23(1) of, and paragraph 20(2) of Schedule 4 to, the Counter-Terrorism and Border Security Act 2019 (c. 3).

(5)

Article 63D was inserted by section 9(1) of, and paragraph 1 of Schedule 2 to, the Criminal Justice (Northern Ireland) Act 2013 (c. 7) (Article 63D is not yet in force).

(6)

Article 63D(1)(a) was substituted by section 19 of, and paragraph 5(2)(a) of Schedule 2 to, the Counter-Terrorism and Border Security Act 2019 (c. 3).

(7)

Article 63DA was inserted by section 19 of, and paragraph 5(3) of Schedule 2 to, the Counter-Terrorism and Border Security Act 2019 (c. 3) (Article 63DA is not yet in force).