Legislation – National Security Act 2023

“50AExtra-territorial offences: defence for intelligence services and armed forces

(1)

This section applies where a person is charged with an offence under this Part by reason of a provision of Schedule 4 (extra-territorial jurisdiction).

(2)

It is a defence for the person to show that their act was necessary for—

(a)

the proper exercise of a function of an intelligence service, or

(b)

the proper exercise of a function of the armed forces relating to intelligence.

(3)

A person is taken to have shown that their act was so necessary if—

(a)

sufficient evidence of that fact is adduced to raise an issue with respect to it, and

(b)

the contrary is not proved beyond reasonable doubt.

(4)

The head of each intelligence service must ensure that the service has in place arrangements designed to ensure that acts of a member of the service to which a provision of Schedule 4 applies are necessary for the proper exercise of a function of the service.

(5)

The Defence Council must ensure that the armed forces have in place arrangements designed to ensure that acts of—

(a)

a member of the armed forces, or

(b)

a civilian subject to service discipline when working in support of a member of the armed forces,

to which a provision of Schedule 4 applies are necessary for the proper exercise of a function of the armed forces relating to intelligence.

(6)

The arrangements which must be in place by virtue of subsection (4) or (5) must be arrangements which the Secretary of State considers to be satisfactory.

(7)

In this section—

“armed forces” means His Majesty’s forces (within the meaning of the Armed Forces Act 2006);

“civilian subject to service discipline” has the same meaning as in the Armed Forces Act 2006;

“GCHQ” has the meaning given by section 3(3) of the Intelligence Services Act 1994;

“head” means—

(a)

in relation to the Security Service, the Director General of the Security Service,

(b)

in relation to the Secret Intelligence Service, the Chief of the Secret Intelligence Service, and

(c)

in relation to GCHQ, the Director of GCHQ;

“intelligence service” means the Security Service, the Secret Intelligence Service or GCHQ.”