Intelligence Services Act 1994

SCHEDULES

F1 SCHEDULE 1 U.K.

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Textual Amendments

F1 Sch. 1 repealed (2.10.2000) by 2000 c. 23, ss. 70(2)(b), 82(2), Sch. 5 (with s. 82(3)); S.I. 2000/2543, art. 3 (with transitional provisions in art. 6)

F6 SCHEDULE 2 U.K.

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Textual Amendments

F6 Sch. 2 repealed (2.10.2000) by 2000 c. 23, ss. 70(2)(b), 82(2), Sch. 5 (with s. 82(3)); S.I. 2000/2543, art. 3 (with transitional provisions in art. 6)

Section 10(4).

SCHEDULE 3 U.K. THE INTELLIGENCE AND SECURITY COMMITTEE

Tenure of office U.K.

1 (1) Subject to the provisions of this paragraph, a member of the Committee shall hold office for the duration of the Parliament in which he is appointed. U.K.

(2) A member of the Committee shall vacate office—

(a) if he ceases to be a member of the House of Commons;

(b) if he ceases to be a member of the House of Lords;

(c) if he becomes a Minister of the Crown; or

(d) if he is required to do so by the Prime Minister on the appointment, in accordance with section 10(3) of this Act, of another person as a member in his place.

(3) A member of the Committee may resign at any time by notice to the Prime Minister.

(4) Past service is no bar to appointment as a member of the Committee.

Commencement Information

I19 Sch. 3 para. 1 wholly in force at 15.12.1994; Sch. 3 para. 1 not in force at Royal Assent, see s. 12(2); Sch. 3 para. 1 in force at 2.11.1994 for certain purposes and wholly in force at 15.12.1994 by S.I. 1994/2734, art. 2

Procedure U.K.

2 (1) Subject to the following provisions of this Schedule, the Committee may determine their own procedure. U.K.

(2) If on any matter there is an equality of voting among the members of the Committee, the Chairman shall have a second or casting vote.

(3) The Chairman may appoint one of the members of the Committee to act, in his absence, as chairman at any meeting of the Committee, but sub-paragraph (2) above shall not apply to a chairman appointed under this sub-paragraph.

(4) The quorum of the Committee shall be three.

Commencement Information

I20 Sch. 3 para. 2 wholly in force at 15.12.1994; Sch. 3 para. 2 not in force at Royal Assent, see s. 12(2); Sch. 3 para. 2 in force at 2.11.1994 for certain purposes and wholly in force at 15.12.1994 by S.I. 1994/2734, art. 2

Access to information U.K.

3 (1) If the Director-General of the Security Service, the Chief of the Intelligence Service or the Director of GCHQ is asked by the Committee to disclose any information, then, as to the whole or any part of the information which is sought, he shall either— U.K.

(a) arrange for it to be made available to the Committee subject to and in accordance with arrangements approved by the Secretary of State; or

(b) inform the Committee that it cannot be disclosed either—

(i) because it is sensitive information (as defined in paragraph 4 below) which, in his opinion, should not be made available under paragraph (a) above; or

(ii) because the Secretary of State has determined that it should not be disclosed.

(2) The fact that any particular information is sensitive information shall not prevent its disclosure under sub-paragraph (1)(a) above if the Director-General, the Chief or the Director (as the case may require) considers it safe to disclose it.

(3) Information which has not been disclosed to the Committee on the ground specified in sub-paragraph (1)(b)(i) above shall be disclosed to them if the Secretary of State considers it desirable in the public interest.

(4) The Secretary of State shall not make a determination under sub-paragraph (1)(b)(ii) above with respect to any information on the grounds of national security alone and, subject to that, he shall not make such a determination unless the information appears to him to be of such a nature that, if he were requested to produce it before a Departmental Select Committee of the House of Commons, he would think it proper not to do so.

(5) The disclosure of information to the Committee in accordance with the preceding provisions of this paragraph shall be regarded for the purposes of the 1989 Act or, as the case may be, this Act as necessary for the proper discharge of the functions of the Security Service, the Intelligence Service or, as the case may require, GCHQ.

Commencement Information

I21 Sch. 3 para. 3 wholly in force at 15.12.1994; Sch. 3 para. 3 not in force at Royal Assent, see s. 12(2); Sch. 3 para. 3 in force at 2.11.1994 for certain purposes and wholly in force at 15.12.1994 by S.I. 1994/2734, art. 2

Sensitive information U.K.

4 U.K. The following information is sensitive information for the purposes of paragraph 3 above—

(a) information which might lead to the identification of, or provide details of, sources of information, other assistance or operational methods available to the Security Service, the Intelligence Service or GCHQ;

(b) information about particular operations which have been, are being or are proposed to be undertaken in pursuance of any of the functions of those bodies; and

(c) information provided by, or by an agency of, the Government of a territory outside the United Kingdom where that Government does not consent to the disclosure of the information.

Commencement Information

I22 Sch. 3 para. 4 wholly in force at 15.12.1994; Sch. 3 para. 4 not in force at Royal Assent, see s. 12(2); Sch. 3 para. 4 in force at 2.11.1994 for certain purposes and wholly in force at 15.12.1994 by S.I. 1994/2734, art. 2

Section 11(2).

SCHEDULE 4 U.K. CONSEQUENTIAL AMENDMENTS

The Security Service Act 1989 U.K.

1 (1) In section 2 of the M4 Security Service Act 1989 (duties of the Director-General of the Security Service) in subsection (2) after the words “serious crime ” there shall be inserted “ or for the purpose of any criminal proceedings ”. U.K.

(2) After subsection (3) of that section there shall be inserted the following subsection—

“(3A) Without prejudice to the generality of subsection (2)(a) above, the disclosure of information shall be regarded as necessary for the proper discharge of the functions of the Security Service if it consists of—

(a) the disclosure of records subject to and in accordance with the Public Records Act 1958; or

(b) the disclosure, subject to and in accordance with arrangements approved by the Secretary of State, of information to the Comptroller and Auditor General for the purposes of his functions.”

Commencement Information

I23 Sch. 4 para. 1 wholly in force at 15.12.1994; Sch. 4 para. 1 not in force at Royal Assent, see s. 12(2); Sch. 4 para. 1 in force at 2.11.1994 for certain purposes and wholly in force at 15.12.1994 by S.I. 1994/2734, art. 2

Marginal Citations

M4 1989 c. 5.

2 U.K. In section 4(3) of that Act (Security Service Commissioner to review exercise of powers by Secretary of State), for the words “powers under section 3 above ” there shall be substituted “ powers, so far as they relate to applications made by the Service, under sections 5 and 6 of the Intelligence Services Act 1994. ”

Commencement Information

I24 Sch. 4 para. 2 wholly in force at 15.12.1994; Sch. 4 para. 2 not in force at Royal Assent, see s. 12(2); Sch. 4 para. 2 in force at 2.11.1994 for certain purposes and wholly in force at 15.12.1994 by S.I. 1994/2734, art. 2

3 U.K. In paragraph 4(1) of Schedule 1 to that Act (Security Service Commissioner to investigate whether the Secretary of State acted properly in issuing or renewing warrant), after the words “section 3 of this Act ” there shall be inserted “ or section 5 of the Intelligence Services Act 1994 ”.

Commencement Information

I25 Sch. 4 para. 3 wholly in force at 15.12.1994; Sch. 4 para. 3 not in force at Royal Assent, see s. 12(2); Sch. 4 para. 3 in force at 2.11.1994 for certain purposes and wholly in force at 15.12.1994 by S.I. 1994/2734, art. 2

The Official Secrets Act 1989 U.K.

4 U.K. In section 4 of the M5 Official Secrets Act 1989 (disclosure of information which results in commission of an offence etc.) in subsection (3)(b) after the words “under section 3 of the Security Service Act 1989 ” there shall be inserted “ or under section 5 of the Intelligence Services Act 1994 or by an authorisation given under section 7 of that Act ”.

Commencement Information

I26 Sch. 4 para. 4 wholly in force at 15.12.1994; Sch. 4 para. 4 not in force at Royal Assent, see s. 12(2); Sch. 4 para. 4 in force at 2.11.1994 for certain purposes and wholly in force at 15.12.1994 by S.I. 1994/2734, art. 2

Marginal Citations

M5 1989 c. 6.

The Official Secrets Act 1989 (Prescription) Order 1990 U.K.

5 U.K. At the end of Schedule 3 to the M6 Official Secrets Act 1989 (Prescription) Order 1990 (bodies giving official authorisations etc.) there shall be added the following entry—

“The Tribunal established under section 9 of the Intelligence Services Act 1994.

Section 7(5)”.

Commencement Information

I27 Sch. 4 para. 5 wholly in force at 15.12.1994; Sch. 4 para. 5 not in force at Royal Assent, see s. 12(2); Sch. 4 para. 5 in force at 2.11.1994 for certain purposes and wholly in force at 15.12.1994 by S.I. 1994/2734, art. 2

Marginal Citations

M6 S.I. 1990/200.