SCHEDULES

C1C3C2SCHEDULE 3Border security

Annotations:
Modifications etc. (not altering text)
C1

Sch. 3 modified by S.I. 1993/1813, Sch. 4 para. 7 (as inserted (12.2.2019 for specified purposes; 13.8.2020 in so far as not already in force) by Counter Terrorism and Border Security Act 2019 (c. 3), s. 27(1)(g), Sch. 3 para. 63(1) (with s. 25(9), Sch. 3 para. 63(2)); S.I. 2020/792, reg. 2(g))

C3

Sch. 3 modified by S.I. 1994/1405, art. 7 (as amended (coming into force in accordance with art. 1(3) of the amending S.I.) by The Channel Tunnel (International Arrangements and Miscellaneous Provisions) (Amendment) Order 2020 (S.I. 2020/915), arts. 1(3), 11)

C2

Sch. 3 modified (30.9.2020 immediately after the amendments by S.I. 2020/915, art. 5 come into force) by The Channel Tunnel (Arrangements with the Kingdom of the Netherlands) Order 2020 (S.I. 2020/916), arts. 1(3), 6

C1PART 1Powers

Power to make and retain copies

I1I2C118

1

This paragraph applies in relation to a copy consisting of or including confidential material that is retained by virtue of paragraph 17(3)(d) or (e), other than a copy in respect of which an authorisation is granted under paragraph 20.

2

The Investigatory Powers Commissioner (“the Commissioner”) must be informed of the copy's retention as soon as is reasonably practicable.

3

The Commissioner may authorise the retention and use of the copy if both of the following two conditions are met.

4

The first condition is that it appears to the Commissioner that there are reasonable grounds to believe that it is necessary to retain the copy—

a

in the interests of national security,

b

in the interests of the economic well-being of the United Kingdom so far as those interests are also relevant to the interests of national security,

c

for the purpose of preventing or detecting an act of serious crime, or

d

for the purpose of preventing death or significant injury.

5

The second condition is that the Commissioner is satisfied that—

a

arrangements are in place that are sufficient for ensuring that any confidential material contained in the copy is retained securely, and

b

the material will be used only so far as necessary and proportionate for a relevant purpose.

6

If the Commissioner does not proceed under sub-paragraph (3) in relation to a copy, the Commissioner must (subject to sub-paragraph (7)) direct that the copy is destroyed.

7

Sub-paragraph (6) does not apply if the copy is further retained under a power conferred by paragraph 17(3)(b) or (c).

8

In authorising the retention and use of a copy under sub-paragraph (3) the Commissioner may impose whatever conditions the Commissioner thinks appropriate in relation to its retention and use.

9

For the purposes of sub-paragraph (5)(b), the use of material is necessary for a relevant purpose if it is necessary—

a

in the interests of national security,

b

in the interests of the economic well-being of the United Kingdom so far as those interests are also relevant to the interests of national security,

c

for the purpose of preventing or detecting serious crime, or

d

for the purpose of preventing death or significant injury.

10

In this paragraph “confidential material” has the meaning given by paragraph 12(10) and (11).