SCHEDULES
C1C3C2SCHEDULE 3Border security
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)
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).
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))