c. 13
14
Scii.
Intelligence Services Act 1994
3
Sensitive information
4. The following information is sensitive information for the purposes of
paragraph 3 above—
(a) information which might lead to the identification of, or provide details
of, sources of information, other assistance or operational methods
available to the Security Service, the Intelligence Service or GCHQ
(b) information about particular operations which have been, are being or
are proposed to be undertaken in pursuance of any of the functions of
those bodies; and
information
provided by, or by an agency of, the Government of a
(c)
territory outside the United Kingdom where that Government does not
consent to the disclosure of the information.
Section 11(2).
SCHEDULE 4
CONSEQUENTIAL AMENDMENTS
The Security Service Act 1989
1989 c. 5.
1.—(I) In section 2 of the Security Service Act 1989 (duties of the DirectorGeneral of the Security Service) in subsection (2) after the words "serious crime"
there shall be inserted "or for the purpose of any criminal proceedings".
(2) After subsection (3) of that section there shall be.inserted the following
subsection—
"(3A) Without prejudice to the generality of subsection (2)(a) above, the
disclosure of information shall be regarded as necessary for the proper
discharge of the functions of the Security Service if it consists of—
(a) the disclosure of records subject to and in accordance with the
Public Records Act 1958; or
(b) the disclosure, subject to and in accordance with arrangements
approved by the Secretary of State, of information to the
Comptroller and Auditor General for the purposes of his
functions."
2. In section 4(3) of that Act (Security Service Commissioner to review exercise
of powers by Secretary of State), for the words "powers under section 3 above"
there shall be substituted "powers, so far as they relate to applications made by
the Service, under sections 5 and 6 of the Intelligence Services Act 1994."
3. In paragraph 4(1) of Schedule 1 to that Act (Security Service Commissioner
to investigate whether the Secretary of State acted properly in issuing or
renewing warrant), after the words "section 3 of this Act" there shall be inserted
"or section 5 of the Intelligence Services Act 1994".
The Official Secrets Act 1989
1989 c. 6.
4. In section 4 of the Official Secrets Act 1989 (disclosure of information which
results in commission of an offence etc.) in subsection (3)(b) after the words
"under section 3 of the Security Service Act 1989" there shall be inserted "or
under section 5 of the Intelligence Services Act 1994 or by an authorisation given
under section 7 of that Act".