Legislation – National Security Act 2023

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Part 2Prevention and investigation measures

Supplementary provisions

62Interpretation etc

(1)

In this Part—

“act” and “conduct” include omissions and statements;

“condition A”, “condition B”, “condition C”, “condition D” or “condition E” means that condition as set out in section 40;

“court” means—

(a)

in the case of proceedings relating to an individual whose principal place of residence is in Scotland, the Outer House of the Court of Session;

(b)

in the case of proceedings relating to an individual whose principal place of residence is in Northern Ireland, the High Court in Northern Ireland;

(c)

in any other case, the High Court in England and Wales;

“decision relating to a Part 2 notice” has the meaning given in section 53;

“enactment” includes—

(a)

an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978);

(b)

an enactment comprised in, or in an instrument made under, a Measure or Act of Senedd Cymru;

(c)

an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;

(d)

an enactment comprised in, or in an instrument made under, Northern Ireland legislation;

(e)

retained direct EU legislation;

“foreign power threat activity” and “involvement” (in relation to such activity) have the same meaning as in Part 1 (see section 33);

“measures” means prevention and investigation measures (which has the meaning given in section 39);

“notice” means a notice in writing;

“Part 2 notice” has the meaning given in section 39(1);

“relevant proceedings” means—

(a)

proceedings on an application for permission under section 42;

(b)

proceedings on a reference under Schedule 8;

(c)

proceedings on a directions hearing held in accordance with directions under section 44(2);

(d)

proceedings on a review hearing held in accordance with directions under section 44(4);

(e)

proceedings on an appeal under section 52;

(f)

proceedings by virtue of section 53(2);

(g)

proceedings on an application made by virtue of rules of court made under paragraph 6 of Schedule 10 (application for order requiring anonymity);

(h)

any other proceedings for questioning a decision relating to a Part 2 notice (including any claim for damages or other relief arising out of such a decision).

(2)

In a case where—

(a)

a Part 2 notice has come into force in relation to an individual, and

(b)

by virtue of the coming into force of that Part 2 notice, foreign power threat activity which occurred before the coming into force of that notice has ceased to be new foreign power threat activity (within the meaning of section 40(7)) in relation to that individual for the purposes of that section,

the Secretary of State is not prevented from taking account of that activity for the purposes of the continued imposition, or subsequent imposition, of measures on that individual.

(3)

For the purposes of the definition of “new foreign power threat activity” in section 40(7), if a Part 2 notice is revived under section 49(6), a reference to the notice coming into force is a reference to it coming into force by virtue of section 41(1) (and not to it coming back into force by virtue of section 49(9)).

(4)

For the purpose of determining what measures may be imposed on an individual, it is immaterial whether the involvement in foreign power threat activity to be prevented or restricted by the measures is connected with matters to which the Secretary of State’s belief for the purpose of condition A relates.

This is subject to section 40(6).

(5)

A failure by the Secretary of State to consider an application by an individual for—

(a)

the revocation of a Part 2 notice, or

(b)

the variation of measures specified in a Part 2 notice,

is to be treated as a decision by the Secretary of State not to revoke, or not to vary, the Part 2 notice.

(6)

Subsections (2) to (5) apply for the purposes of this Part.