Search Legislation

Justice and Security Act 2013

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

Justice and Security Act 2013, SCHEDULE 2 is up to date with all changes known to be in force on or before 27 April 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

Section 19(1)

SCHEDULE 2E+W+S+N.I.Consequential provision

This schedule has no associated Explanatory Notes

Part 1 E+W+S+N.I.Oversight of intelligence and security activities

Intelligence Services Act 1994 (c. 13)E+W+S+N.I.

1The following provisions of the Intelligence Services Act 1994 are repealed—E+W+S+N.I.

(a)section 10 (the Intelligence and Security Committee),

(b)section 11(1)(c) (the definition of “Minister of the Crown”), and

(c)Schedule 3 (further provision about the Intelligence and Security Committee).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I1Sch. 2 para. 1 in force at 25.6.2013 by S.I. 2013/1482, art. 2 (with arts. 3, 4)

Data Protection Act 1998 (c. 29)E+W+S+N.I.

2In section 63A of the Data Protection Act 1998 (application to Parliament)—E+W+S+N.I.

(a)in subsection (2), after “Commons,” insert “ other than where they are determined by or on behalf of the Intelligence and Security Committee of Parliament, ”, and

(b)in subsection (3), after “Lords,” insert “ other than where they are determined by or on behalf of the Intelligence and Security Committee of Parliament, ”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I2Sch. 2 para. 2 in force at 25.6.2013 by S.I. 2013/1482, art. 2 (with arts. 3, 4)

Northern Ireland Act 1998 (c. 47)E+W+S+N.I.

3In section 69B(1)(a) of the Northern Ireland Act 1998 (disregarding notice of the Northern Ireland Human Rights Commission where it requires the disclosure of sensitive information)—E+W+S+N.I.

(a)for “paragraph 4 of Schedule 3 to the Intelligence Services Act 1994 (c. 13)” substitute “ paragraph 5 of Schedule 1 to the Justice and Security Act 2013 ”, and

(b)after “Committee” insert “ of Parliament ”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I3Sch. 2 para. 3 in force at 25.6.2013 by S.I. 2013/1482, art. 2 (with arts. 3, 4)

Regulation of Investigatory Powers Act 2000 (c. 23)E+W+S+N.I.

4In section 60(1) of the Regulation of Investigatory Powers Act 2000 (duty to disclose documents and provide information to the Intelligence Services Commissioner) for “section 59” substitute “ sections 59 and 59A ”.E+W+S+N.I.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I4Sch. 2 para. 4 in force at 25.6.2013 by S.I. 2013/1482, art. 2 (with arts. 3, 4)

Freedom of Information Act 2000 (c. 36)E+W+S+N.I.

5(1)The Freedom of Information Act 2000 is amended as follows.E+W+S+N.I.

(2)In section 23 (information supplied by, or relating to, bodies dealing with security matters), in subsection (3), at the end insert—

(o)the Intelligence and Security Committee of Parliament.

(3)In Part 1 of Schedule 1 (Public Authorities; General)—

(a)in paragraph 2, after paragraph (d) insert—

(e)information held by the Intelligence and Security Committee of Parliament., and

(b)in paragraph 3, after paragraph (d) insert—

(e)information held by the Intelligence and Security Committee of Parliament.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I5Sch. 2 para. 5 in force at 25.6.2013 by S.I. 2013/1482, art. 2 (with arts. 3, 4)

Equality Act 2006 (c. 3)E+W+S

6In paragraph 14(1)(a) of Schedule 2 to the Equality Act 2006 (disregarding notice of the Commission for Equality and Human Rights where it requires the disclosure of sensitive information)—E+W+S

(a)for “paragraph 4 of Schedule 3 to the Intelligence Services Act 1994 (c. 13)” substitute “ paragraph 5 of Schedule 1 to the Justice and Security Act 2013 ”, and

(b)after “Committee” insert “ of Parliament ”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I6Sch. 2 para. 6 in force at 25.6.2013 by S.I. 2013/1482, art. 2 (with arts. 3, 4)

Part 2 E+W+S+N.I.Closed material procedure

Judicature (Northern Ireland) Act 1978 (c. 23)E+W+S+N.I.

7(1)Section 62 of the Judicature (Northern Ireland) Act 1978 (trial with and without jury) is amended as follows.E+W+S+N.I.

(2)In subsection (2)—

(a)at the end of paragraph (c), the word “or” is repealed, and

(b)after paragraph (c) insert—

(ca)will involve section 6 proceedings; or.

(3)After subsection (4) insert—

(4A)An action in the High Court which by virtue of subsection (1) or (4) is being, or is to be, tried with a jury may, at any stage in the proceedings, be tried without a jury if the court concerned—

(a)is of opinion that the action involves, or will involve, section 6 proceedings; and

(b)in its discretion orders the action to be tried without a jury.

(4B)Where the court makes an order under subsection (4A)(b), it may make such other orders as it considers appropriate (including an order dismissing the jury).

(4)After subsection (7) insert—

(8)In this section “section 6 proceedings” has the meaning given by section 14(1) of the Justice and Security Act 2013 (certain civil proceedings in which closed material applications may be made).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I7Sch. 2 para. 7 in force at 25.6.2013 by S.I. 2013/1482, art. 2 (with arts. 3, 4)

Senior Courts Act 1981 (c. 54)E+W

8(1)Section 69 of the Senior Courts Act 1981 (trial by jury) is amended as follows.E+W

(2)In subsection (1), at the end, insert “ or unless the court is of opinion that the trial will involve section 6 proceedings ”.

(3)After subsection (3) insert—

(3A)An action in the Queen's Bench Division which by virtue of subsection (1) or (3) is being, or is to be, tried with a jury may, at any stage in the proceedings, be tried without a jury if the court concerned—

(a)is of opinion that the action involves, or will involve, section 6 proceedings, and

(b)in its discretion orders the action to be tried without a jury.

(3B)Where the court makes an order under subsection (3A)(b), it may make such other orders as it considers appropriate (including an order dismissing the jury).

(4)In subsection (4) for “(3)” substitute “ (3B) ”.

(5)After subsection (5) insert—

(6)In this section “section 6 proceedings” has the meaning given by section 14(1) of the Justice and Security Act 2013 (certain civil proceedings in which closed material applications may be made).

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I8Sch. 2 para. 8 in force at 25.6.2013 by S.I. 2013/1482, art. 2 (with arts. 3, 4)

Special Immigration Appeals Commission Act 1997 (c. 68)E+W+S+N.I.

9(1)The Special Immigration Appeals Commission Act 1997 is amended as follows.E+W+S+N.I.

(2)After section 6 (appointment of person to represent appellant's interests) insert—

6AProcedure in relation to jurisdiction under sections 2C and 2D

(1)Sections 5 and 6 apply in relation to reviews under section 2C or 2D as they apply in relation to appeals under section 2 or 2B.

(2)Accordingly—

(a)references to appeals are to be read as references to reviews (and references to appeals under section 2 or 2B are to be read as references to reviews under section 2C or 2D), and

(b)references to an appellant are to be read as references to an applicant under section 2C(2) or (as the case may be) 2D(2).

(3)After section 7(1) (appeals from the Commission) insert—

(1A)Where the Commission has made a final determination of a review under section 2C or 2D, any party to the review may bring an appeal against that determination to the appropriate appeal court.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I9Sch. 2 para. 9 in force at 25.6.2013 by S.I. 2013/1482, art. 2 (with arts. 3, 4)

Race Relations (Northern Ireland) Order 1997 (S.I. 1997/869 (N.I. 6))N.I.

10In Article 54A of the Race Relations (Northern Ireland) Order 1997 (claims under Article 20A in immigration cases), at the end, insert—N.I.

(6)This Article applies in relation to reviews under section 2D of the 1997 Act as it applies in relation to appeals under that Act.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I10Sch. 2 para. 10 in force at 25.6.2013 by S.I. 2013/1482, art. 2 (with arts. 3, 4)

Regulation of Investigatory Powers Act 2000 (c. 23)E+W+S+N.I.

11(1)Section 18 of the Regulation of Investigatory Powers Act 2000 (exclusion of intercepted communications etc. from legal proceedings: exceptions) is amended as follows.E+W+S+N.I.

(2)In subsection (1)—

(a)at the end of paragraph (e), the word “or” is repealed, and

(b)after paragraph (f) insert , or

(g)any section 6 proceedings within the meaning given by section 14(1) of the Justice and Security Act 2013 (certain civil proceedings in which closed material applications may be made).

(3)In subsection (2)—

(a)in the opening words, for “(f)” substitute “ (g) ”,

(b)in paragraph (a)—

(i)in sub-paragraph (i), after “appellant” insert “ or (as the case may be) applicant ”,

(ii)in sub-paragraph (ii), after “appellant” insert “ or applicant ”, and

(iii)at the end, the word “or” is repealed, and

(c)after paragraph (b) insert—

(c)in the case of proceedings falling within paragraph (g) where the only relevant person is the Secretary of State, to—

(i)a person, other than the Secretary of State, who is or was a party to the proceedings; or

(ii)any person who for the purposes of the proceedings (but otherwise than by virtue of appointment as a special advocate) represents a person falling within sub-paragraph (i); or

(d)in the case of proceedings falling within paragraph (g) where the Secretary of State is not the only relevant person or is not a relevant person but is a party to the proceedings, to—

(i)a person, other than the relevant person concerned or the Secretary of State, who is or was a party to the proceedings; or

(ii)any person who for the purposes of the proceedings (but otherwise than by virtue of appointment as a special advocate) represents a person falling within sub-paragraph (i).

(4)After subsection (2) insert—

(2A)In subsection (2)(c) and (d) “relevant person”, in relation to proceedings falling within subsection (1)(g), has the meaning given by section 14(1) of the Justice and Security Act 2013.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I11Sch. 2 para. 11 in force at 25.6.2013 by S.I. 2013/1482, art. 2 (with arts. 3, 4)

Equality Act 2010 (c. 15)E+W+S

12In section 115 of the Equality Act 2010 (immigration cases), at the end, insert—E+W+S

(8)This section applies in relation to reviews under section 2D of the Special Immigration Appeals Commission Act 1997 as it applies in relation to appeals under the immigration provisions.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I12Sch. 2 para. 12 in force at 25.6.2013 by S.I. 2013/1482, art. 2 (with arts. 3, 4)

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources