Intelligence Services Act 1994
c. 13
13
Scii. 3
(d) if he is required to do so by the Prime Minister on the appointment, in
accordance with section 10(3) of this Act, of another person as a
member in his place.
(3) A member of the Committee may resign at any time by notice to the Prime
Minister.
(4) Past service is no bar to appointment as a member of the Committee.
Procedure
2.���(1) Subject to the following provisions of this Schedule, the Committee
may determine their own procedure.
(2) If on any matter there is an equality of voting among the members of the
Committee, the Chairman shall have a second or casting vote.
(3) The Chairman may appoint one of the members of the Committee to act,
in his absence, as chairman at any meeting of the Committee, but sub-paragraph
(2) above shall not apply to a chairman appointed under this sub-paragraph.
(4) The quorum of the Committee shall be three.
Access to information
3.—(I) If the Director-General of the Security Service, the Chief of the
Intelligence Service or the Director of GCHQ is asked by the Committee to
disclose any information, then, as to the whole or any part of the information
which is sought, he shall either—
(a) arrange for it to be made available to the Committee subject to and in
accordance with arrangements approved by the Secretary of State; or
(b) inform the Committee that it cannot be disclosed either—
(i) because it is sensitive information (as defined in paragraph 4
below) which, in his opinion, should not be made available under
paragraph (a) above; or
(ii) because the Secretary of State has determined that it should
not be disclosed.
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The fact that any particular information is sensitive information shall not
its disclosure under sub-paragraph (1 )(a) above if the Director-General,
Thief or the Director (as the case may require) considers it safe to disclose it.
Information which has not been disclosed to the Committee on the ground
in sub-paragraph (1)(b)(i) above shall be disclosed to them if the
retary of State considers it desirable in the public interest.
4)
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The Secretary of State shall not make a determination under subragraph (1 )(b)(ii) above with respect to any information on the grounds of
Ltional security alone and, subject to that, he shall not make such a
unless the information appears to him to be of such a nature that,
he were requested to produce it before a Departmental Select Committee of the
Louse of Commons, he would think it proper not to do so.
(5) The disclosure of information to the Committee in accordance with the
preceding provisions of this paragraph shall be regarded for the purposes of the
1989 Act or, as the case may be, this Act as necessary for the proper discharge of
the functions of the Security Service, the Intelligence Service or, as the case may
require, GCHQ.