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(1)It shall be the duty of—
(a)every member of an intelligence service,
(b)every official of the department of the Secretary of State [F1and every member of staff of the Scottish Administration (by virtue of provision under section 63 of the Scotland Act 1998)], and
(c)every member of Her Majesty’s forces,
to disclose or provide to the Intelligence Services Commissioner all such documents and information as he may require for the purpose of enabling him to carry out his functions under section 59.
(2)As soon as practicable after the end of each calendar year, the Intelligence Services Commissioner shall make a report to the Prime Minister with respect to the carrying out of that Commissioner’s functions.
(3)The Intelligence Services Commissioner may also, at any time, make any such other report to the Prime Minister on any matter relating to the carrying out of the Commissioner’s functions as the Commissioner thinks fit.
[F2(3A)The Intelligence Services Commissioner may also, at any time, make any such other report to the First Minister on any matter relating to the carrying out of the Commissioner’s functions so far as they relate to the exercise by the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998) of their powers under sections 5 and 6(3) and (4) of the Intelligence Services Act 1994 F3 or under Parts I and II of this Act, as the Commissioner thinks fit.]
(4)The Prime Minister shall lay before each House of Parliament a copy of every annual report made by the Intelligence Services Commissioner under subsection (2), together with a statement as to whether any matter has been excluded from that copy in pursuance of subsection (5).
[F4(4A)The Prime Minister shall send a copy of every annual report made by the Intelligence Services Commissioner under subsection (2) which he lays in terms of subsection (4), together with a copy of the statement referred to in subsection (4), to the First Minister who shall forthwith lay that copy report and statement before the Scottish Parliament.]
(5)If it appears to the Prime Minister, after consultation with the Intelligence Services Commissioner [F5and, if it appears relevant to do so, with the First Minister], that the publication of any matter in an annual report would be contrary to the public interest or prejudicial to—
(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 that Commissioner,
the Prime Minister may exclude that matter from the copy of the report as laid before each House of Parliament.
(6)Subsection (7) of section 41 shall apply for the purposes of this section as it applies for the purposes of that section.
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