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The National Security Act 2023 (Consequential Amendments of Primary Legislation) Regulations 2023

Sections38
2023 No. 1386

NATIONAL SECURITY

The National Security Act 2023 (Consequential Amendments of Primary Legislation) Regulations 2023

Made13th December 2023
Coming into force20th December 2023
The Secretary of State makes these Regulations in exercise of the powers conferred by section 95 of the National Security Act 20231.
In accordance with section 96(5) and (6)(e) of that Act, a draft of these Regulations was laid before Parliament and approved by resolution of each House of Parliament.

1 Citation, commencement and extent

1 These Regulations may be cited as the National Security Act 2023 (Consequential Amendments of Primary Legislation) Regulations 2023.
2 These Regulations come into force on 20th December 2023.
3 Subject to paragraph (4), these Regulations extend to England and Wales, Scotland and Northern Ireland.
4 An amendment made by the Schedule has the same extent within the United Kingdom as the provision amended.

2 Amendments of primary legislation

The Schedule contains amendments of primary legislation.

SCHEDULE 

Amendments of primary legislation

Regulation 2

1 Children and Young Persons Act 1933

In section 49(6) of the Children and Young Persons Act 19332—
a omit the “or” at the end of paragraph (ba)3;
b after paragraph (ba), insert—
.

2 Atomic Energy Authority Act 1954

In section 6(3) of the Atomic Energy Authority Act 19544—
a for the words before paragraph (a), substitute “Where any place belonging to or used for the purposes of the Authority is a prohibited place within the meaning of Part 1 of the National Security Act 2023, no person other than—”;
b in the words after paragraph (c), for the words from “any place” to “aforesaid” substitute “that place”.

3 Parliamentary Commissioner Act 1967

In section 11(2)(b)5 of the Parliamentary Commissioner Act 19676, after “1989” insert “or sections 1 to 4 or 18 of the National Security Act 2023”.

4 Local Government Act 1974

1 The Local Government Act 19747 is amended as follows.
2 In section 32(2)(b), after “1939” insert “or sections 1 to 4 or 18 of the National Security Act 2023”.
3 In section 34K(1)(d)8, after “1989” insert “or sections 1 to 4 or 18 of the National Security Act 2023”.

5 Senior Courts Act 1981

In paragraph 2 of Schedule 1 to the Senior Courts Act 19819, after paragraph (bf)10, insert—
.

6 Civil Aviation Act 1982

In section 18 of the Civil Aviation Act 198211—
a omit subsection (2);
b in subsection (3), for the words from “by virtue of subsection (2)” to the end, substitute
.

7 Police and Criminal Evidence Act 1984

1 The Police and Criminal Evidence Act 198412 is amended as follows.
2 In section 30(12)—
a omit the “or” at the end of paragraph (b);
b after paragraph (c)13, insert
.
3 In section 51, after paragraph (ba)14, insert—
.
4 In section 62, after subsection (13)15, insert—
.
5 In section 63, after subsection (10)16, insert—
.
6 In section 63PA(4)17—
a omit the “or” at the end of paragraph (b);
b after paragraph (c), insert—
.
7 In section 118(2)(a)18, after “2000” insert “or section 27 of the National Security Act 2023”.

8 Criminal Justice Act 1988

In section 133(5) of the Criminal Justice Act 198819, after paragraph (g)20, insert
.

9 Police and Criminal Evidence (Northern Ireland) Order 1989

1 The Police and Criminal Evidence (Northern Ireland) Order 198921 is amended as follows.
2 In Article 2(3)(a)22, after “2000” insert “or section 27 of the National Security Act 2023”.
3 In Article 32(15)—
a omit the “or” at the end of sub-paragraph (a);
b after sub-paragraph (b)23, insert
.
4 In Article 51, after sub-paragraph (ba)24, insert—
.
5 In Article 63D25—
a in paragraph (1)(a)(i)26, after “terrorism-related qualifying offence” insert “or a national security-related qualifying offence”;
b in paragraph (14), after the definition of “excluded offence” insert—
.
6 In Article 63DA27—
a in the heading after “offence” insert “or national security-related qualifying offence”;
b in paragraph (1)(a), after “terrorism-related qualifying offence” insert “or a national security-related qualifying offence”;
c in paragraph (4), after the definition of “excluded offence” insert—
.

10 Radioactive Substances Act 1993

In section 31(3) of the Radioactive Substances Act 199328, for the words from “have been declared” to the end substitute “are prohibited places within the meaning of Part 1 of the National Security Act 2023).”.

11 Health Service Commissioners Act 1993

In section 15(1)(b)(i) of the Health Service Commissioners Act 199329, after “1989” insert “or sections 1 to 4 or 18 of the National Security Act 2023”.

12 Statute Law (Repeals) Act 1993

In Schedule 2 to the Statute Law (Repeals) Act 199330, omit paragraph 21.

13 Pensions Act 1995

In section 92(4)(b) of the Pensions Act 199531—
a omit the “or” at the end of sub-paragraph (ii);
b after sub-paragraph (ii), insert—
.

14 Criminal Procedure (Scotland) Act 1995

In section 18G(1) of the Criminal Procedure (Scotland) Act 199532, in each of paragraphs (a) and (b)33, after “2019” insert “or paragraph 18 of Schedule 6 to the National Security Act 2023”.

15 Environment Act 1995

In section 108(8) of the Environment Act 199534, for the words from “have been declared” to the end substitute “are prohibited places within the meaning of Part 1 of the National Security Act 2023).”.

16 Letchworth Garden City Heritage Foundation Act 1995

In Schedule 2 to the Letchworth Garden City Heritage Foundation Act 199535, in paragraph 13(2)(b), after “1989” insert “or sections 1 to 4 or 18 of the National Security Act 2023”.

17 Pensions (Northern Ireland) Order 1995

In Article 90(4)(b) of the Pensions (Northern Ireland) Order 199536—
a omit the “or” at the end of paragraph (ii);
b after paragraph (ii), insert—
.

18 Police Act 1997

In the Police Act 199737, in the Schedule 8A inserted by the Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 Remedial (No. 2) Order 2015 (S.S.I. 2015/423)38, after paragraph 36, insert—
.

19 Terrorism Act 2000

1 Schedule 8 to the Terrorism Act 200039 is amended as follows.
2 In paragraph 20A(6)40, after paragraph (ea)41, insert—
.
3 In paragraph 20EA(3)(b)42—
a omit the “or” at the end of sub-paragraph (iv);
b omit the “or” at the end of sub-paragraph (v);
c after sub-paragraph (v), insert—
.

20 Anti-Terrorism, Crime and Security Act 2001

In the Anti-Terrorism, Crime and Security Act 200143,omit section 80A44.

21 Criminal Justice and Police Act 2001

1 The Criminal Justice and Police Act 200145 is amended as follows.
2 In section 55, after subsection (6), insert—
.
3 In section 59(7)(b)—
a omit the “or” at the end of sub-paragraph (iii);
b after sub-paragraph (iv), insert
.
4 In section 60—
a in subsection (6)—
i omit the “and” at the end of paragraph (d);
ii after paragraph (e), insert—
;
b after subsection (6), insert—
.
5 Omit section 66(3).
6 In Schedule 1—
a omit paragraph 3 and the italic heading before it;
b after paragraph 73U46, insert—
;
c after paragraph 83A47, insert—
;
d omit paragraph 86 and the italic heading before it;
e after paragraph 11348, insert—
.

22 Justice (Northern Ireland) Act 2002

In Schedule 7 to the Justice (Northern Ireland) Act 200249, omit paragraph 24.

23 Police Reform Act 2002

In paragraph 6 of Schedule 3B to the Police Reform Act 200250, for “the Official Secrets Acts 1911 to 1989” substitute “the National Security Act 2023”.

24 Communications Act 2003

In Schedule 17 to the Communications Act 200351, omit paragraph 2 and the italic heading before it.

25 Armed Forces Act 2006

In paragraph 12 of Schedule 2 to the Armed Forces Act 200652, after paragraph (az)53, insert—
.

26 Serious Crime Act 2007

In Schedule 3 to the Serious Crime Act 200754—
a omit paragraph 7;
b at the end of Part 1, insert—
.

27 Energy Act 2008

In the Energy Act 200855, omit section 101.

28 Counter-Terrorism Act 2008

In section 18(8) of the Counter-Terrorism Act 200856, after paragraph (k)57, insert—
.

29 Terrorism Prevention and Investigation Measures Act 2011

1 Schedule 6 to the Terrorism Prevention and Investigation Measures Act 201158 is amended as follows.
2 In paragraph 5, after paragraph (db)59, insert—
.
3 In paragraph 11A(3)(b)60—
a omit the “or” at the end of sub-paragraph (iv);
b omit the “or” at the end of sub-paragraph (v);
c after sub-paragraph (v), insert—
.

30 Public Services Ombudsman Act (Northern Ireland) 2016

In section 49(2)(f) of the Public Services Ombudsman Act (Northern Ireland) 201661, after “1989” insert “or sections 1 to 4 or 18 of the National Security Act 2023”.

31 Counter-Terrorism and Border Security Act 2019

1 Schedule 3 to the Counter-Terrorism and Border Security Act 201962 is amended as follows.
2 In paragraph 43(6), after paragraph (f), insert—
.
3 In paragraph 47(3)(b)—
a omit the “or” at the end of sub-paragraph (iv);
b omit the “or” at the end of sub-paragraph (v);
c after sub-paragraph (v), insert—
.

32 Public Services Ombudsman (Wales) Act 2019

In section 69(2)(g) of the Public Services Ombudsman (Wales) Act 201963, after “1989 (c. 6)” insert “, or under sections 1 to 4 or 18 of the National Security Act 2023 (c. 32)”.

33 Disclosure (Scotland) Act 2020

In Schedule 2 to the Disclosure (Scotland) Act 202064, after paragraph 70, insert—
.

34 Nationality and Borders Act 2022

In section 63(3) of the Nationality and Borders Act 202265, after paragraph (d), insert—
.

Footnotes

  1. 1
    2023 c. 32.
  2. 2
    1933 c. 12. Section 49 was substituted by section 49 of the Criminal Justice and Public Order Act 1994 (c. 33).
  3. 3
    Section 49(6)(ba) was inserted by section 23(1) of, and paragraph 1(a)(ii) of Schedule 4 to, the Counter-Terrorism and Border Security Act 2019 (c. 3).
  4. 4
    1954 c. 32. Section 6(3)(bb) was inserted by section 2(3)(a) of the Nuclear Safeguards and Electricity (Finance) Act 1978 (c. 25), and amended by section 11(1) of the Nuclear Safeguards Act 2000 (c. 5). Section 6(3)(c) was amended by Paragraph 28 of Schedule 2 to the Scotland Act 1998 (Consequential Modifications) (No. 2) Order 1999/1820.
  5. 5
    Section 11(2)(b) was subject to relevant amendment by section 16(3) of, and paragraph 1(a) of Schedule 1 to, the Official Secrets Act 1989 (c. 6).
  6. 6
    1967 c. 13.
  7. 7
    1974 c. 7.
  8. 8
    Section 34K was inserted by section 35 of, and paragraph 2 of Schedule 5 to, the Health Act 2009 (c. 21).
  9. 9
    1981 c. 54. The Supreme Court Act 1981 (c. 54) may be cited as the Senior Courts Act 1981 by virtue of section 59(5) of, and paragraph 1(1) of Schedule 11 to, the Constitutional Reform Act 2005 (c. 4).
  10. 10
    Paragraph 2(bf) was inserted by section 59(4) of, and paragraph 2 of Schedule 3 to, the Sanctions and Anti-Money Laundering Act 2018 (c. 13).
  11. 11
    1982 c. 16.
  12. 12
    1984 c. 60.
  13. 13
    Section 30(12)(c) was substituted by section 125(1) of, and paragraph 5(2) of Schedule 15 to, the Terrorism Act 2000 (c. 11).
  14. 14
    Section 51(ba) was inserted by section 23(1) of, and paragraph 18(2)(b) of Schedule 4 to, the Counter-Terrorism and Border Security Act 2019 (c. 3).
  15. 15
    Section 62(13) was inserted by section 23(1) of, and paragraph 18(7) of Schedule 4 to, the Counter-Terrorism and Border Security Act 2019 (c. 3).
  16. 16
    Section 63(10) was substituted by section 125(1) of, and paragraph 5(9) of Schedule 15 to, the Terrorism Act 2000 (c. 11).
  17. 17
    Section 63PA was inserted by section 19 of, and paragraph 4 of Schedule 2 to, the Counter-Terrorism and Border Security Act 2019 (c. 3).
  18. 18
    Section 118(2)(a) was substituted by section 125 of, and paragraph 5(12) of Schedule 15 to, the Terrorism Act 2000 (c. 11).
  19. 19
    1988 c. 33.
  20. 20
    Section 133(5)(g) was inserted by section 15(2)(b) of the Counter-Terrorism and Security Act 2015 (c. 6).
  21. 21
    S.I. 1989/1341 (N.I. 12).
  22. 22
    Article 2(3)(a) was subject to relevant amendment by section 125 of, and paragraph 8(3) of Schedule 15 to, the Terrorism Act 2000 (c. 11).
  23. 23
    Article 32(15)(b) was substituted by section 125 of, and paragraph 8(7) of Schedule 15 to, the Terrorism Act 2000 (c. 11).
  24. 24
    Paragraph (ba) was inserted by section 23(1) of, and paragraph 20(2) of Schedule 4 to, the Counter-Terrorism and Border Security Act 2019 (c. 3).
  25. 25
    Article 63D was inserted by section 9(1) of, and paragraph 1 of Schedule 2 to, the Criminal Justice (Northern Ireland) Act 2013 (c. 7) (Article 63D is not yet in force).
  26. 26
    Article 63D(1)(a) was substituted by section 19 of, and paragraph 5(2)(a) of Schedule 2 to, the Counter-Terrorism and Border Security Act 2019 (c. 3).
  27. 27
    Article 63DA was inserted by section 19 of, and paragraph 5(3) of Schedule 2 to, the Counter-Terrorism and Border Security Act 2019 (c. 3) (Article 63DA is not yet in force).
  28. 28
    1993 c. 12.
  29. 29
    1993 c. 46.
  30. 30
    1993 c. 50.
  31. 31
    1995 c. 26.
  32. 32
    1995 c. 46. Section 18G was inserted by section 19 of, and paragraph 6(3) of Schedule 1 to, the Protection of Freedoms Act 2012 (c. 9).
  33. 33
    Section 18G(1)(a) and (b) was subject to relevant amendment by section 23(1) of, and paragraph 22(2)(a) and (b) respectively of Schedule 4 to, the Counter-Terrorism and Border Security Act 2019 (c. 3).
  34. 34
    1995 c. 25.
  35. 35
    1995 c. ii.
  36. 36
    S.I. 1995/3213 (N.I. 22).
  37. 37
    1997 c. 50.
  38. 38
    Schedule 8A was inserted by Article 3(8) of the Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 Remedial (No. 2) Order 2015 (S.S.I. 2015/423) (Schedule 8A is not currently in force).
  39. 39
    2000 c. 11.
  40. 40
    Paragraph 20A was inserted by section 19 of, and paragraph 1(4) of Schedule 1 to, the Protection of Freedoms Act 2012 (c. 9).
  41. 41
    Paragraph 20A(6)(ea) was inserted by section 23(1) of, and paragraph 23(3) of Schedule 4 to, the Counter-Terrorism and Border Security Act 2019 (c. 3).
  42. 42
    Paragraph 20EA was inserted by was inserted by section 19 of, and paragraph 11 of Schedule 2 to, the Counter-Terrorism and Border Security Act 2019 (c. 3).
  43. 43
    2001 c. 24.
  44. 44
    Section 80A was inserted by section 101 of the Energy Act 2008 (c. 32).
  45. 45
    2001 c. 16.
  46. 46
    Paragraph 73U was inserted by section 57 of the Police, Crime, Sentencing and Courts Act 2022 (c. 32).
  47. 47
    Paragraph 83A was inserted by section 165(3) of the Extradition Act 2003 (c. 41).
  48. 48
    Paragraph 113 was inserted by section 28(6)(b) of the Terrorism Act 2006 (c. 11).
  49. 49
    2002 c. 26.
  50. 50
    2002 c. 30. Schedule 3B was inserted by section 38(11) of, and Schedule 10 to, the Policing and Crime Act 2017 (c. 3).
  51. 51
    2003 c. 21.
  52. 52
    2006 c. 52.
  53. 53
    Paragraph 12(az) was inserted by section 67(1) of, and paragraph 28 of Schedule 12 to, the Space Industry Act 2018 (c. 5).
  54. 54
    2007 c. 27.
  55. 55
    2008 c. 32.
  56. 56
    2008 c. 28. Section 18 was substituted by section 19 of, and paragraph 4 of Schedule 1 to, the Protection of Freedoms Act 2012 (c. 9).
  57. 57
    Section 18(8)(k) was inserted by section 23(1) of, and paragraph 26 of Schedule 4 to, the Counter-Terrorism and Border Security Act 2019 (c. 3).
  58. 58
    2011 c. 23.
  59. 59
    Paragraph 5(db) was inserted by section 23(1) of, and paragraph 28 of Schedule 4 to, the Counter-Terrorism and Border Security Act 2019 (c. 3).
  60. 60
    Paragraph 11A was inserted by section 19 of, and paragraph 17 of Schedule 2 to, the Counter-Terrorism and Border Security Act 2019 (c. 3).
  61. 61
    2016 c. 4.
  62. 62
    2019 c. 3.
  63. 63
    2019 anaw 3.
  64. 64
    2020 asp 13 (Schedule 2 is not yet in force).
  65. 65
    2022 c. 36.