Freedom of Information Act 2000 (c. 36)2000 (c. 36)

5 (1) The Freedom of Information Act 2000 is amended as follows.

(2) In section 23 (information supplied by, or relating to, bodies dealing with
security matters), in subsection (3), at the end insert—

“(o) 5the Intelligence and Security Committee of Parliament.”

(3) In Part 1 of Schedule 1 (Public Authorities; General)—

(a) in paragraph 2, after paragraph (d) insert—

“(e) information held by the Intelligence and Security
Committee of Parliament.”;

(b) 10in paragraph 3, after paragraph (d) insert—

“(e) information held by the Intelligence and Security
Committee of Parliament.”

Equality Act 2006 (c. 3)2006 (c. 3)

6 In paragraph 14(1)(a) of Schedule 2 to the Equality Act 2006 (disregarding
15notice of the Commission for Equality and Human Rights where it requires
the disclosure of sensitive information) for “paragraph 4 of Schedule 3 to the
Intelligence Services Act 1994 (c. 13)1994 (c. 13)” substitute “paragraph 4 of Schedule 1
to the Justice and Security Act 2013”.

Part 2 20Closed material procedure

Judicature (Northern Ireland) Act 1978 (c. 23)1978 (c. 23)

7 (1) Section 62 of the Judicature (Northern Ireland) Act 1978 (trial with and
without jury) is amended as follows.

(2) In subsection (2)—

(a) 25at the end of paragraph (c), the word “or” is repealed, and

(b) after paragraph (c) insert—

“(ca) will involve section 6 proceedings; or”.

(3) After subsection (4) insert—

“(4A) An action in the High Court which by virtue of subsection (1) or (4)
30is being, or is to be, tried with a jury may, at any stage in the
proceedings, be tried without a jury if the court concerned—

(a) is of opinion that the action involves, or will involve, section
6 proceedings; and

(b) in its discretion orders the action to be tried without a jury.

(4B) 35Where the court makes an order under subsection (4A)(b), it may
make such other orders as it considers appropriate (including an
order dismissing the jury).”

(4) After subsection (7) insert—

“(8) In this section “section 6 proceedings” has the meaning given by
40section 12(1) of the Justice and Security Act 2013 (certain civil
proceedings in which closed material applications may be made).”

Senior Courts Act 1981 (c. 54)1981 (c. 54)

8 (1) Section 69 of the Senior Courts Act 1981 (trial by jury) is amended as follows.

(2) In subsection (1), at the end, insert “or unless the court is of opinion that the
trial will involve section 6 proceedings”.

(3) 5After subsection (3) insert—

“(3A) An action in the Queen’s Bench Division which by virtue of
subsection (1) or (3) is being, or is to be, tried with a jury may, at any
stage in the proceedings, be tried without a jury if the court
concerned—

(a) 10is of opinion that the action involves, or will involve, section
6 proceedings, and

(b) in its discretion orders the action to be tried without a jury.

(3B) Where the court makes an order under subsection (3A)(b), it may
make such other orders as it considers appropriate (including an
15order dismissing the jury).”

(4) In subsection (4) for “(3)” substitute “(3B)”.

(5) After subsection (5) insert—

“(6) In this section “section 6 proceedings” has the meaning given by
section 12(1) of the Justice and Security Act 2013 (certain civil
20proceedings in which closed material applications may be made).”

Special Immigration Appeals Commission Act 1997 (c. 68)1997 (c. 68)

9 (1) The Special Immigration Appeals Commission Act 1997 is amended as
follows.

(2) After section 6 (appointment of person to represent appellant’s interests)
25insert—

“6A Procedure in relation to jurisdiction under sections 2C and 2D

(1) Sections 5 and 6 apply in relation to reviews under section 2C or 2D
as they apply in relation to appeals under section 2 or 2B.

(2) Accordingly—

(a) 30references to appeals are to be read as references to reviews
(and references to appeals under section 2 or 2B are to be read
as references to reviews under section 2C or 2D), and

(b) references to an appellant are to be read as references to an
applicant under section 2C(2) or (as the case may be) 2D(2).”

(3) 35After section 7(2) (appeals from the Commission) insert—

“(2A) Where the Commission has made a final determination of a review
under section 2C or 2D, any party to the review may bring an appeal
against that determination to the appropriate appeal court.”

Race Relations (Northern Ireland) Order 1997 (S.I. 1997/869 (N.I.6)S.I. 1997/869 (N.I.6))

10 40In Article 54A of the Race Relations (Northern Ireland) Order 1997 (claims

under Article 20A in immigration cases), at the end, insert—

“(6) This Article applies in relation to reviews under section 2D of the
1997 Act as it applies in relation to appeals under that Act.”

Regulation of Investigatory Powers Act 2000 (c. 23)2000 (c. 23)

11 (1) 5Section 18 of the Regulation of Investigatory Powers Act 2000 (exclusion of
intercepted communications etc. from legal proceedings: exceptions) is
amended as follows.

(2) In subsection (1)—

(a) at the end of paragraph (e), the word “or” is repealed, and

(b) 10after paragraph (f) insert “, or

(g) any section 6 proceedings within the meaning given
by section 12(1) of the Justice and Security Act 2013
(certain civil proceedings in which closed material
applications may be made).”

(3) 15In subsection (2)—

(a) in the opening words, for “(f)” substitute “(g)”,

(b) in paragraph (a)—

(i) in sub-paragraph (i), after “appellant” insert “or (as the case
may be) applicant”,

(ii) 20in sub-paragraph (ii), after “appellant” insert “or applicant”,
and

(iii) at the end, the word “or” is repealed, and

(c) after paragraph (b) insert—

“(c) in the case of proceedings falling within paragraph
25(g) where the only relevant person is the Secretary of
State, to—

(i) a person, other than the Secretary of State,
who is or was a party to the proceedings; or

(ii) any person who for the purposes of the
30proceedings (but otherwise than by virtue of
appointment as a special advocate) represents
a person falling within sub-paragraph (i); or

(d) in the case of proceedings falling within paragraph
(g) where the Secretary of State is not the only
35relevant person or is not a relevant person but is a
party to the proceedings, to—

(i) a person, other than the relevant person
concerned or the Secretary of State, who is or
was a party to the proceedings; or

(ii) 40any person who for the purposes of the
proceedings (but otherwise than by virtue of
appointment as a special advocate) represents
a person falling within sub-paragraph (i).”

(4) After subsection (2) insert—

“(2A) 45In subsection (2)(c) and (d) “relevant person”, in relation to
proceedings falling within subsection (1)(g), has the meaning given
by section 12(1) of the Justice and Security Act 2013.”

Equality Act 2010 (c. 15)2010 (c. 15)

12 In section 115 of the Equality Act 2010 (immigration cases), at the end,
insert—

“(8) This section applies in relation to reviews under section 2D of the
5Special Immigration Appeals Commission Act 1997 as it applies in
relation to appeals under the immigration provisions.”

Section 17(1)

SCHEDULE 3 Transitional provision

Part 1 10Oversight of intelligence and security activities

1 (1) The persons who, immediately before the coming into force of section 1(1),
were members of the previous Intelligence and Security Committee become,
on the coming into force of section 1(1), members of the new Intelligence and
Security Committee.

(2) 15The person who, immediately before the coming into force of section 1(1),
was the Chairman of the previous Intelligence and Security Committee
becomes, on the coming into force of section 1(1), the Chair of the new
Intelligence and Security Committee.

(3) The new Intelligence and Security Committee may have access to
20documents or other information provided or belonging to the previous
Intelligence and Security Committee.

(4) In this paragraph—

• “the new Intelligence and Security Committee” means the Intelligence
  and Security Committee of Parliament established under section 1 of
  25this Act,

• “the previous Intelligence and Security Committee” means the
  Intelligence and Security Committee established under section 10 of
  the Intelligence Services Act 1994.

Part 2 30Closed material procedure

2 Sections 6 to 12, and paragraphs 7, 8 and 11 of Schedule 2 (other than
paragraph 11(3)(b)(i) and (ii)), apply in relation to proceedings begun, but
not finally determined, before the coming into force of section 6 (in addition
to proceedings begun on or after the coming into force of that section).

3 (1) 35The first time after the passing of this Act that rules of court are made in
exercise of the powers conferred by sections 6 to 12 in relation to proceedings
in England and Wales or in Northern Ireland before a court of a particular
description, the rules (together with any related rules of court) may be made
by the Lord Chancellor instead of by the person who would otherwise make
40them.

(2) Sub-paragraph (1) does not apply to rules of court in relation to proceedings
before the Supreme Court.

(3) Before making rules of court under sub-paragraph (1), the Lord Chancellor
must consult—

(a) 5in relation to rules applicable to proceedings in England and Wales,
the Lord Chief Justice of England and Wales, and

(b) in relation to rules applicable to proceedings in Northern Ireland, the
Lord Chief Justice of Northern Ireland.

(4) But the Lord Chancellor is not required to undertake any other consultation
10before making the rules.

(5) A requirement to consult under sub-paragraph (3) may be satisfied by
consultation that took place wholly or partly before the passing of this Act.

(6) Rules of court made by the Lord Chancellor under sub-paragraph (1)—

(a) must be laid before Parliament, and

(b) 15if not approved by a resolution of each House before the end of 40
days beginning with the day on which they were made, cease to have
effect at the end of that period.

(7) In determining that period of 40 days no account is to be taken of any time
during which Parliament is dissolved or prorogued or during which both
20Houses are adjourned for more than 4 days.

(8) If rules cease to have effect in accordance with sub-paragraph (6)—

(a) that does not affect anything done in previous reliance on the rules,
and

(b) sub-paragraph (1) applies again as if the rules had not been made.

(9) 25The following provisions do not apply to rules of court made by the Lord
Chancellor under this paragraph—

(a) section 3(6) of the Civil Procedure Act 1997 (Parliamentary
procedure for civil procedure rules),

(b) section 56(1), (2) and (4) of the Judicature (Northern Ireland) Act 1978
30(statutory rules procedure).

(10) Until the coming into force of section 85 of the Courts Act 2003, the reference
in sub-paragraph (9)(a) to section 3(6) of the Civil Procedure Act 1997 is to
be read as a reference to section 3(2) of that Act.

(11) In this paragraph “related rules of court” means rules of court that—

(a) 35are contained in the same instrument as the rules mentioned in sub-
paragraph (1), and

(b) relate specifically to the same kind of proceedings as those rules.

4 (1) An order under section 17(2) may, in particular, make provision about the
application of section 13, and paragraphs 9, 10 and 12 of Schedule 2, to any
40direction or decision of the Secretary of State which—

(a) is of a kind falling within section 2C(1)(a) and (b) or (as the case may
be) 2D(1)(a) of the Special Immigration Appeals Commission Act
1997, and

(b) was made before the section 13 commencement day.

(2) 45Provision of the kind mentioned in sub-paragraph (1) may, in particular,
provide for—

(a) the Secretary of State to certify under section 2C(1)(c) or (as the case
may be) 2D(1)(b) of the Special Immigration Appeals Commission
Act 1997, on or after the section 13 commencement day, any direction
or decision falling within sub-paragraph (1),

(b) 5the termination of any judicial review proceedings, or proceedings
on appeal from such proceedings, which relate to a direction or
decision which is so certified (whether such proceedings began
before, on or after the section 13 commencement day).

(3) In this paragraph “the section 13 commencement day” means the day on
10which section 13 comes into force.

Part 3 “Norwich Pharmacal” and similar jurisdictions

5 Sections 15 and 16 apply in relation to proceedings begun, but not finally
determined, before the coming into force of section 15 (in addition to
15proceedings begun on or after the coming into force of that section).