Justice and Security Act 2013 Explanatory Notes

1. Introduction

2. Summary

3. Background

   1. General

   2. Background on the oversight of intelligence and security activities

   3. Background on closed material procedures

   4. Background on “Norwich Pharmacal” and similar jurisdictions

4. Territoral Extent and Application of the Act

5. Commentary on Sections

   1. Part 1: Oversight of intelligence and security activities

      1. Section 1: The Intelligence and Security Committee of Parliament

      2. Schedule 1: The Intelligence and Security Committee

         1. Tenure of office

         2. Procedure

         3. Funding and other resources

         4. Access to information

         5. Sensitive information

         6. Publication of information received in private

         7. Protection for Witnesses

      3. Section 2: Main functions of the ISC

      4. Section 3: Reports of the ISC

      5. Section 5: Additional review functions of the Commissioner

   2. Part 2: Disclosure of sensitive material

      1. Section 6: Declaration permitting closed material applications in proceedings

      2. Section 7: Review and revocation of declaration under section 6

      3. Section 8: Determination by court of applications in section 6 proceedings

      4. Section 9: Appointment of special advocate

      5. Section 10: Saving for normal disclosure rules

      6. Section 11: General provision about section 6 proceedings

      7. Section 12: Reports on the use of closed material procedure

      8. Section 13: Review of sections 6 to 11

      9. Section 14: Sections 6 to 13: interpretation

      10. Section 15: Certain exclusion, naturalisation and citizenship decisions

      11. Section 16: Use of intercept evidence in employment cases involving national security

      12. Section 17: Disclosure proceedings

      13. Section 18: Review of certification

   3. Part 3: General

      1. Section 19: Consequential and transitional etc provision

   4. Schedule 2: Consequential Provision:

      1. Part 1: Oversight of intelligence and security activities

      2. Part 2: Closed material procedure

   5. Schedule 3: Transitional provision

      1. Part 1: Oversight of intelligence and security activities

      2. Part 2: Closed material procedure

   6. Part 3: “Norwich Pharmacal” and similar jurisdictions

      1. Section 20: Commencement, extent and short title

6. Key Documents

7. Hansard References