Investigatory Powers Bill (HC Bill 2)

(3) In this paragraph “TPIM proceedings” has the same meaning as in the
Terrorism Prevention and Investigation Measures Act 2011.

TEO proceedings

9 (1) Section 48(1) does not apply in relation to—

(a) 5any TEO proceedings, or

(b) any proceedings arising out of any TEO proceedings.

(2) But sub-paragraph (1) does not permit the disclosure of anything to—

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

(b) 10any person who—

(i) represents such a person for the purposes of the proceedings,
and

(ii) does so otherwise than by virtue of appointment as a special
advocate under Schedule 3 to the Counter-Terrorism and
15Security Act 2015.

(3) In this paragraph “TEO proceedings” has the meaning given by paragraph
1 of Schedule 3 to the Counter-Terrorism and Security Act 2015 (temporary
exclusion orders: proceedings).

Proceedings relating to freezing of terrorist assets etc.

10 (1) 20Section 48(1) does not apply in relation to—

(a) any financial restrictions proceedings, or

(b) any proceedings arising out of such proceedings.

(2) In this paragraph “financial restrictions proceedings” has the meaning given
by section 65 of the Counter-Terrorism Act 2008.

11 25Section 48(1) does not apply in relation to any proceedings—

(a) on an appeal under section 26, or an application under section 27, of
the Terrorist Asset-Freezing etc. Act 2010 (appeals and reviews by
the court), or

(b) on a claim arising from any matter to which such an appeal or
30application relates,

or any proceedings arising out of such proceedings.

12 But neither paragraph 10 nor paragraph 11 permits the disclosure of
anything to—

(a) any person, other than the Treasury, who is or was a party to the
35proceedings, or

(b) any person who—

(i) represents such a person for the purposes of the proceedings,
and

(ii) does so otherwise than by virtue of appointment as a special
40advocate.

Proceedings relating to release of prisoners etc. in Northern Ireland

13 (1) Section 48(1) does not apply in relation to—

(a) any proceedings before—

(i) the Parole Commissioners for Northern Ireland, or

(ii) any Sentence Review Commissioners appointed under
section 1 of the Northern Ireland (Sentences) Act 1998, or

(b) any proceedings arising out of such proceedings.

(2) 5But sub-paragraph (1) does not permit the disclosure of anything to—

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

(b) any person who—

(i) represents such a person for the purposes of the proceedings,
10and

(ii) does so otherwise than by virtue of appointment as a special
advocate.

Employment or industrial tribunal proceedings

14 (1) Section 48(1) does not apply in relation to any proceedings before an
15employment tribunal where the applicant, or the applicant’s
representatives, are excluded for all or part of the proceedings pursuant to—

(a) a direction to the tribunal by virtue of section 10(5)(b) or (c) of the
Employment Tribunals Act 1996 (exclusion from Crown
employment proceedings by direction of Minister in interests of
20national security), or

(b) a determination of the tribunal by virtue of section 10(6) of that Act
(determination by tribunal in interests of national security).

(2) Section 48(1) does not apply in relation to any proceedings before an
industrial tribunal in Northern Ireland where the applicant, or the
25applicant’s representatives, are excluded for all or part of the proceedings
pursuant to—

(a) a direction to the tribunal by virtue of Article 12(5)(b) or (c) of the
Industrial Tribunals (Northern Ireland) Order 1996 (S.I. 1996/1921S.I. 1996/1921
(N.I. 18)) (exclusion from Crown employment proceedings by
30direction of Minister in interests of national security), or

(b) a determination of the tribunal by virtue of Article 12(6) of that Order
(determination by tribunal in interests of national security).

(3) Section 48(1) does not apply in relation to any proceedings arising out of
proceedings within sub-paragraph (1) or (2).

15 35But paragraph 14 does not permit the disclosure of anything to—

(a) the person who is or was the applicant in the proceedings before the
employment or industrial tribunal, or

(b) any person who—

(i) represents that person for the purposes of any proceedings
40within paragraph 14, and

(ii) does so otherwise than by virtue of appointment as a special
advocate.

Proceedings relating to dismissal for certain offences

16 Section 48(1) does not prohibit anything done in, for the purposes of, or in
45connection with, so much of any legal proceedings as relates to the fairness
or unfairness of a dismissal on the following grounds—

(a) any conduct constituting an offence under section 2(1), 36(7) or 51;

(b) any conduct taking place before the coming into force of this
paragraph and constituting—

(i) an offence under section 1(1) or (2), 11(7) or 19 of the
5Regulation of Investigatory Powers Act 2000, or

(ii) an offence under section 1 of the Interception of
Communications Act 1985.

Proceedings on appeals relating to claims of discrimination in Northern Ireland

17 (1) Section 48(1) does not apply in relation to any proceedings on an appeal
10under Article 80(2) of the Fair Employment and Treatment (Northern
Ireland) Order 1998 (S.I. 1998/3162 (N.I. 21)S.I. 1998/3162 (N.I. 21)) where—

(a) the appeal relates to a claim of discrimination in contravention of
Part 3 of that Order (employment cases) and to a certificate of the
Secretary of State that the act concerned was justified for the purpose
15of safeguarding national security, and

(b) a party to the appeal, or the party’s representatives, are excluded for
all or part of the proceedings by virtue of section 91(4)(b) of the
Northern Ireland Act 1998.

(2) Section 48(1) does not apply in relation to any proceedings arising out of
20proceedings within sub-paragraph (1).

18 But paragraph 17 does not permit the disclosure of anything to—

(a) any person who is or was excluded from all or part of the
proceedings mentioned in paragraph 17(1), or

(b) any person who—

(i) 25represents such a person for the purposes of any proceedings
within paragraph 17, and

(ii) does so otherwise than by virtue of appointment as a special
advocate.

Civil proceedings for enforcement of duty to assist with implementation of warrants

19 30Section 48(1) does not apply in relation to any civil proceedings under
section 36(8) of this Act or section 11(8) of the Regulation of Investigatory
Powers Act 2000 (enforcement of duty of operators to assist with
implementation of warrants).

Proceedings for certain offences

20 (1) 35Section 48(1) does not apply in relation to any proceedings for a relevant
offence.

(2) “Relevant offence” means—

(a) an offence under any provision of this Act;

(b) an offence under section 1 of the Interception of Communications
40Act 1985;

(c) an offence under any provision of the Regulation of Investigatory
Powers Act 2000;

(d) an offence under section 47 or 48 of the Wireless Telegraphy Act
2006;

(e) 45an offence under section 83 or 84 of the Postal Services Act 2000;

(f) an offence under section 4 of the Official Secrets Act 1989 relating to
any such information, document or article as is mentioned in
subsection (3)(a) or (c) of that section;

(g) an offence under section 1 or 2 of the Official Secrets Act 1911 relating
5to any sketch, plan, model, article, note, document or information
which—

(i) incorporates, or relates to, the content of any intercepted
communication or any secondary data obtained from a
communication, or

(ii) 10tends to suggest that any interception-related conduct has or
may have occurred or may be going to occur;

(h) an offence of perjury committed in the course of any relevant
proceedings;

(i) an offence of attempting or conspiring to commit an offence falling
15within any of paragraphs (a) to (h);

(j) an offence under Part 2 of the Serious Crime Act 2007 in relation to
an offence falling within any of those paragraphs;

(k) an offence of aiding, abetting, counselling or procuring the
commission of an offence falling within any of those paragraphs;

(l) 20contempt of court committed in the course of, or in relation to, any
relevant proceedings.

(3) In this paragraph—

• “intercepted communication” and “interception-related conduct” have
  the same meaning as in section 48;

• 25“relevant proceedings” means any proceedings mentioned in
  paragraphs 4 to 19.

Disclosures to prosecutors and judges

21 (1) Nothing in section 48(1) prohibits—

(a) a disclosure to a person (“P”) conducting a criminal prosecution that
30is made for the purpose only of enabling P to determine what is
required of P by P’s duty to secure the fairness of the prosecution, or

(b) a disclosure to a relevant judge in a case in which the judge has
ordered the disclosure to be made to the judge alone.

(2) A relevant judge may order a disclosure under sub-paragraph (1)(b) only if
35the judge considers that the exceptional circumstances of the case make the
disclosure essential in the interests of justice.

(3) Where in any criminal proceedings—

(a) a relevant judge orders a disclosure under sub-paragraph (1)(b), and

(b) in consequence of that disclosure, the judge considers that there are
40exceptional circumstances requiring the judge to make a direction
under this sub-paragraph,

the judge may direct the person conducting the prosecution to make for the
purposes of the proceedings any admission of fact which the judge considers
essential in the interests of justice.

(4) 45But nothing in any direction under sub-paragraph (3) may authorise or
require anything to be done in contravention of section 48(1).

(5) In this paragraph “relevant judge” means—

(a) any judge of the High Court or of the Crown Court or any Circuit
judge,

(b) any judge of the High Court of Justiciary or any sheriff,

(c) in relation to proceedings before the Court Martial, the judge
5advocate for those proceedings, or

(d) any person holding a judicial office that entitles the person to
exercise the jurisdiction of a judge falling within paragraph (a) or (b).

Disclosures to inquiries and inquests

22 (1) Nothing in section 48(1) prohibits—

(a) 10a disclosure to the panel of an inquiry held under the Inquiries Act
2005, or

(b) a disclosure to a person appointed as legal adviser to such an inquiry,

where, in the course of the inquiry, the panel has ordered the disclosure to
be made to the panel alone or (as the case may be) to the panel and any
15person appointed as legal adviser to the inquiry.

(2) The panel of an inquiry may order a disclosure under sub-paragraph (1)
only if it considers that the exceptional circumstances of the case make the
disclosure essential to enable the inquiry to fulfil its terms of reference.

(3) Any reference in this paragraph to a person appointed as legal adviser to an
20inquiry is a reference to a person appointed as solicitor or counsel to the
inquiry.

23 (1) Section 48(1) does not apply in relation to any restricted proceedings of an
inquiry held under the Inquiries Act 2005.

(2) Proceedings of an inquiry held under that Act are “restricted proceedings”
25for the purposes of this paragraph if any restrictions imposed under section
19 of that Act on attendance at the inquiry are in force in relation to the
proceedings.

(3) But sub-paragraph (1) does not permit any disclosure which has not been
made in accordance with paragraph 22(1) above.

24 (1) 30Nothing in section 48(1) prohibits—

(a) a disclosure to a person (the “nominated person”) nominated under
paragraph 3(1) of Schedule 10 to the Coroners and Justice Act 2009
(investigation by judge or former judge) to conduct an investigation
into a person’s death, or

(b) 35a disclosure to a person appointed as legal adviser to an inquest
forming part of an investigation conducted by the nominated person,

where, in the course of the investigation, the nominated person has ordered
the disclosure to be made to the nominated person alone or (as the case may
be) to the nominated person and any person appointed as legal adviser to
40the inquest.

(2) The nominated person may order a disclosure under sub-paragraph (1) only
if the person considers that the exceptional circumstances of the case make
the disclosure essential in the interests of justice.

(3) Nothing in section 48(1) prohibits a disclosure to any other person
45conducting an investigation under Part 1 of the Coroners and Justice Act

2009 into a person’s death that there is intercepted material in existence
which is, or may be, relevant to the investigation.

(4) Any reference in this paragraph to a person appointed as legal adviser to an
inquest is a reference to a person appointed as solicitor or counsel to the
5inquest.

Section 61(1)

SCHEDULE 4 Relevant public authorities and designated senior officers

Part 1 Table of authorities and officers

45Part 2 Interpretation of table

1 In the table in Part 1 of this Schedule—

• “ambulance trust in England” means—

  Investigatory Powers BillPage 209

  (a)

  an NHS trust all or most of whose hospitals, establishments
  and facilities are in England and which provides ambulance
  services, or

  an NHS foundation trust which provides such services,

• 5“entity data” means any communications data which is entity data.

Section 74(5)

SCHEDULE 5 Transfer and agency arrangements with public authorities: further
provisions

Particular safeguards in connection with operation of section 60

1 (1) 10The following provisions apply where the functions of the Secretary of State
under section 58 are exercisable by a public authority by virtue of
regulations under section 74(1).

(2) The measures adopted or arrangements made by the public authority for the
purpose of complying with the requirements of section 60 must be such as
15are approved by the Secretary of State.

(3) Any report required by section 60(6)(b) or (8) must be made to the Secretary
of State as well as to the Investigatory Powers Commissioner.

Requirement for public authority to provide reports to Secretary of State

2 (1) A public authority, when exercising functions by virtue of regulations under
20section 74(1), must at least once in each calendar year make a report to the
Secretary of State on—

(a) the discharge of the functions, and

(b) such other matters as the Secretary of State may by regulations
require.

(2) 25Regulations under section 74(1) may, in particular, modify sub-paragraph
(1) as it has effect in relation to the calendar year in which the regulations
come into force or are revoked.

(3) The Secretary of State may agree to a report under this paragraph being
combined with any other report which the public authority concerned is
30required to, or may, make to the Secretary of State.

Transfer schemes in connection with transfer of functions

3 (1) The Secretary of State may, in connection with regulations under section
74(1), make a scheme for the transfer of property, rights or liabilities.

(2) The things that may be transferred under a transfer scheme include—

(a) 35property, rights and liabilities which could not otherwise be
transferred,

(b) property acquired, and rights and liabilities arising, after the making
of the scheme.

(3) A transfer scheme may make consequential, supplementary, incidental,
40transitional, transitory or saving provision and may, in particular—