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Justice and Security Act 2013

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This is the original version (as it was originally enacted).

Oversight by the Intelligence Services Commissioner

5Additional review functions of the Commissioner

Explanatory NotesShow EN

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.”

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