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Justice and Security Act 2013 (c. 18)

Justice and Security Act 2013 2013 CHAPTER 18 An Act to provide for oversight of the Security Service, the Secret Intelligence Service, the Government Communications Headquarters and other activities relating to intelligence or security matters; to make provision about closed material procedure in relation to certain civil proceedings; to prevent the making of certain court orders for the disclosure of sensitive information; and for connected purposes. [25th April 2013] B e it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Legislation

Table of Content

1. The Intelligence and Security Committee of Parliament U.K.

2. Main functions of the ISC U.K.

3. Reports of the ISC U.K.

4. Oversight by the Intelligence Services Commissioner U.K.

5. Closed material procedure: general U.K.

6. Declaration permitting closed material applications in proceedings U.K.

7. Review and revocation of declaration under section 6 U.K.

8. Determination by court of applications in section 6 proceedings U.K.

9. Appointment of special advocate U.K.

10. Saving for normal disclosure rules U.K.

11. General provision about section 6 proceedings U.K.

12. Reports on use of closed material procedure U.K.

13. Review of sections 6 to 11 U.K.

14. Closed material procedure: immigration U.K.

15. Jurisdiction: review of certain exclusion decisions

2. Closed material procedure: employment U.K.

16. “Norwich Pharmacal” and similar jurisdictions U.K.

17. Disclosure proceedings U.K.

18. Review of certification U.K.

19. Consequential and transitional etc. provision U.K.

20. Equality Act 2010 (c. 15) E+W+S

1. The Intelligence and Security Committee of Parliament U.K.

2. Main functions of the ISC U.K.

3. Reports of the ISC U.K.

4. Oversight by the Intelligence Services Commissioner U.K.

5. Closed material procedure: general U.K.

6. Declaration permitting closed material applications in proceedings U.K.

7. Review and revocation of declaration under section 6 U.K.

8. Determination by court of applications in section 6 proceedings U.K.

9. Appointment of special advocate U.K.

10. Saving for normal disclosure rules U.K.

11. General provision about section 6 proceedings U.K.

12. Reports on use of closed material procedure U.K.

13. Review of sections 6 to 11 U.K.

14. Closed material procedure: immigration U.K.

15. Jurisdiction: review of certain exclusion decisions

2. Closed material procedure: employment U.K.

16. “Norwich Pharmacal” and similar jurisdictions U.K.

17. Disclosure proceedings U.K.

18. Review of certification U.K.

19. Consequential and transitional etc. provision U.K.

20. Equality Act 2010 (c. 15) E+W+S

Section 1

1. The Intelligence and Security Committee of Parliament U.K.

(1) There is to be a body known as the Intelligence and Security Committee of Parliament (in this Part referred to as “ the ISC ”). (2) The ISC is to consist of nine members who are to be drawn both from the members of the House of Commons and from the members of the House of Lords. (3) Each member of the ISC is to be appointed by the House of Parliament from which the member is to be drawn. (4) A person is not eligible to become a member of the ISC unless the person— (a) is nominated for membership by the Prime Minister, and (b) is not a Minister of the Crown. (5) Before deciding whether to nominate a person for membership, the Prime Minister must consult the Leader of the Opposition. (6) A member of the ISC is to be the Chair of the ISC chosen by its members. (7) Schedule 1 (which makes further provision about the ISC) has effect. Commencement Information I1 S. 1 in force at 25.6.2013 by S.I. 2013/1482 , art. 2 (with arts. 3 , 4 )

Section 2

2. Closed material procedure: employment U.K.

(1) Subsection (2) applies in relation to any decision of the Secretary of State which— (a) is either— (i) a refusal to issue a certificate of naturalisation under section 6 of the British Nationality Act 1981 to an applicant under that section, or (ii) a refusal to grant an application of the kind mentioned in section 41A of that Act (applications to register an adult or young person as a British citizen etc. ), and (b) is certified by the Secretary of State as a decision that was made wholly or partly in reliance on information which, in the opinion of the Secretary of State, should not be made public— (i) in the interests of national security, (ii) in the interests of the relationship between the United Kingdom and another country, or (iii) otherwise in the public interest. (2) The applicant to whom the decision relates may apply to the Special Immigration Appeals Commission to set aside the decision. (3) In determining whether the decision should be set aside, the Commission must apply the principles which would be applied in judicial review proceedings. (4) If the Commission decides that the decision should be set aside, it may make any such order, or give any such relief, as may be made or given in judicial review proceedings. ” Commencement Information I14 S. 15 in force at 25.6.2013 by S.I. 2013/1482 , art. 2 (with arts. 3 , 4 )