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Official Secrets Act 1989
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- 1989 c. 6
- Section 11
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Official Secrets Act 1989, Section 11 is up to date with all changes known to be in force on or before 10 October 2023. 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.
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Changes and effects yet to be applied to Section 11:
- s. 11(3) substituted for s. 11(3)(3A) by 2023 c. 32 Sch. 18 para. 6(3)(a)
- s. 11(4) substituted by 2023 c. 32 Sch. 18 para. 6(3)(b)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 11(4A) inserted by 2023 c. 32 Sch. 18 para. 6(3)(c)
11 Arrest, search and trial.U.K.
F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
(3)Section 9(1) of the M1Official Secrets Act 1911 (search warrants) shall have effect as if references to offences under that Act included references to offences under any provision of this Act other than section 8(1), (4) or (5); and the following provisions of the Police and Criminal Evidence Act 1984, that is to say—
(a)section 9(2) (which excludes items subject to legal privilege and certain other material from powers of search conferred by previous enactments); and
(b)paragraph 3(b) of Schedule 1 (which prescribes access conditions for the special procedure laid down in that Schedule),
shall apply to section 9(1) of the said Act of 1911 as extended by this subsection as they apply to that section as originally enacted.
[F3(3A)In the application of subsection (3) above to Northern Ireland—
(a)the reference to the Police and Criminal Evidence Act 1984 shall be construed as a reference to the Police and Criminal Evidence (Northern Ireland) Order 1989;
(b)the reference to section 9(2) of that Act shall be construed as a reference to Article 11(2) of that Order; and
(c)the reference to paragraph 3(b) of Schedule 1 to that Act shall be construed as a reference to paragraph 3(b) of Schedule 1 to that Order.]
(4)Section 8(4) of the M2Official Secrets Act 1920 (exclusion of public from hearing on grounds of national safety) shall have effect as if references to offences under that Act included references to offences under any provision of this Act other than section 8(1), (4) or (5).
(5)Proceedings for an offence under this Act may be taken in any place in the United Kingdom.
Textual Amendments
F1S. 11(1) repealed (1.10.2002) by 2002 c. 30, s. 107, Sch. 8; S.I. 2002/2306, art. 2(g)(iii)(b)
F2S. 11(2) repealed by S.I. 1989/1341 (N.I. 12), art. 90(1)(2), Schs. 6, 7
F3S. 11(3A) inserted by S.I. 1989/1341 (N.I. 12), art. 90(1), Sch. 6 para. 18(b)
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