Intelligence Services Act 1994

M-16

1994 CHAPTER 13

An Act to make provision about the Secret Intelligence Service and the Government Communications Headquarters, including provision for the issue of warrants and authorisations enabling certain actions to be taken and for the issue of such warrants and authorisations to be kept under review; to make further provision about warrants issued on applications by the Security Service; to establish a procedure for the investigation of complaints about the Secret Intelligence Service and the Government Communications Headquarters; to make provision for the establishment of an Intelligence and Security Committee to scrutinise all three of those bodies; and for connected purposes.

[26th May 1994]

BE 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:—

Introductory Text

The Secret Intelligence Service

1. The Secret Intelligence Service.

2. The Chief of the Intelligence Service.

GCHQ

3. The Government Communications Headquarters.

4. The Director of GCHQ.

Authorisation of certain actions

5. Warrants: general.

6. Warrants: procedure and duration, etc.

7. Authorisation of acts outside the British Islands.

The Commissioner, the Tribunal and the investigation of complaints

8. The Commissioner.

9. Investigation of complaints.

The Intelligence and Security Committee

10. The Intelligence and Security Committee.

Supplementary

11. Interpretation and consequential amendments.

12. Short title, commencement and extent.

SCHEDULES
SCHEDULE 1

Preliminary

1.Any person may complain to the Tribunal if he is…

References and investigations by the Tribunal

2.If and so far as the complaint alleges that anything…

3.Subject to paragraph 2 above and paragraph 4 below, the…

4.If, in the course of the investigation of a complaint…

Functions of the Commissioner in relation to complaints

5.(1) Where a reference is made to the Commissioner under…

Report of conclusions

6.(1) Where the Tribunal determine under paragraph 3 above that…

Special references by Tribunal to Commissioner

7.(1) If in any case investigated by the Tribunal—

Remedies

8.(1) Where the Tribunal give a complainant notice of such…

Supplementary

9.The persons who may complain to the Tribunal under this…

10.(1) No complaint shall be entertained under this Schedule if…

11.Any reference in this Schedule to a complainant’s property includes—…

SCHEDULE 2

Constitution of the Tribunal

1.(1) The Tribunal shall consist of not less than three…

President and Vice-President

2.(1) Her Majesty may by Royal Warrant appoint as President…

Procedure

3.The functions of the Tribunal in relation to any complaint…

4.(1) It shall be the duty of every member of…

Salaries and expenses

5.(1) The Secretary of State shall pay to the members…

Staff

6.(1) The Secretary of State may, after consultation with the…

Parliamentary disqualification

7.(1) In Part II of Schedule 1 to the House…

SCHEDULE 3

THE INTELLIGENCE AND SECURITY COMMITTEE

Tenure of office

1.(1) Subject to the provisions of this paragraph, a member…

Procedure

2.(1) Subject to the following provisions of this Schedule, the…

Access to information

3.(1) If the Director-General of the Security Service, the Chief…

Sensitive information

4.The following information is sensitive information for the purposes of…

SCHEDULE 4

CONSEQUENTIAL AMENDMENTS

The Security Service Act 1989

1.(1) In section 2 of the Security Service Act 1989…

2.In section 4(3) of that Act (Security Service Commissioner to…

3.In paragraph 4(1) of Schedule 1 to that Act (Security…

The Official Secrets Act 1989

4.In section 4 of the Official Secrets Act 1989 (disclosure…

The Official Secrets Act 1989 (Prescription) Order 1990

5.At the end of Schedule 3 to the Official Secrets…