Security Service Act 1989
c. 5
(7) In this section "working day" means any day other than a
Saturday, a Sunday, Christmas Day, Good Friday or a day which is a
bank holiday under the Banking and Financial Dealings Act 1971 in any
part of the United Kingdom.
3
1971 c. 80.
4.—(1) The Prime Minister shall appoint as a Commissioner for the The Security
purposes of this Act a person who holds or has held high judicial office Service
within the meaning of the Appellate Jurisdiction Act 1876.
(2) The Commissioner shall hold office in accordance with the terms of
his appointment and there shall be paid to him by the Secretary of State
such allowances as the Treasury may determine.
(3) In addition to his functions under the subsequent provisions of this
Act the Commissioner shall keep under review the exercise by the
Secretary of State of his powers under section 3 above.
(4) It shall be the duty of every member of the Service and of every
official of the department of the Secretary of State to disclose or give to
the Commissioner such documents or information as he may require for
the purpose of enabling him to discharge his functions.
(5) The Commissioner shall make an annual report on the discharge of
his functions to the Prme Minister and may at any time report to him on
any matter relating to his discharge of those functions.
(6) The Prime Minister shall lay before each House of Parliament a
copy of each annual report made by the Commissioner under subsection
(5) above together with a statement as to whether any matter has been
excluded from that copy in pursuance of subsection (7) below.
(7) If it appears to the Prime Minister, after consultation with the
Commissioner, that the publication of any matter in a report would be
prejudicial to the continued discharge of the functions of the Service, the
Prime Minister may exclude that matter from the copy of the report as
laid before each House of Parliament.
(8) The Secretary of State may, after consultation with the
Commissioner and with the approval of the Treasury as to numbers,
provide the Commissioner with such staff as the Secretary of State thinks
necessary for the discharge of his functions.
5.—(1) There shall be a Tribunal for the purpose of investigating Investigation of
complaints about the Service in the manner specified in Schedule 1 to this complaints.
Act.
(2) Schedule 2 to this Act shall have effect with respect to the
constitution, procedure and other matters relating to the Tribunal.
(3) The Commissioner shall have the functions conferred on him by
Schedule I to this Act and give the Tribunal all such assistance in
discharging their functions under that Schedule as they may require.
(4) The decisions of the Tribunal and the Commissioner under that
Schedule (including decisions as to their jurisdictions) shall not be subject
to appeal or liable to be questioned in any court.
6. Any expenses incurred by the Secretary of State under this Act shall Expenses.
be defrayed out of money provided by Parliament.