Intelligence Services Act 1994
c. 13
3
(ii) cryptography and other matters relating to the
protection of information and other material,
to the armed forces of the Crown, to Her Majesty's Government
in the United Kingdom or to a Northern Ireland Department or
to any other organisation which is determined for the purposes
of this section in such manner as may be specified by the Prime
Minister.
(2) The functions referred to in subsection (1)(a) above shall be
exercisable only—
(a) in the interests of national security, with particular reference to
the defence and foreign policies of Her Majesty's Government
in the United Kingdom; or
(b) in the interests of the economic well-being of the United
Kingdom in relation to the actions or intentions of persons
outside the British Islands; or
(c) in support of the prevention or detection of serious crime.
(3) In this Act the expression "GCHQ" refers to the Government
Communications Headquarters and to any unit or part of a unit of the
armed forces of the Crown which is for the time being required by the
Secretary of State to assist the Government Communications
Headquarters in carrying out its functions.
4.—(l) The operations of GCHQ shall continue to be under the control
of a Director appointed by the Secretary of State.
(2) The Director shall be responsible for the efficiency of GCHQ and it
shall be his duty to ensure—
(a) that there are arrangements for securing that no information is
obtained by GCHQ except so far as necessary for the proper
discharge of its functions and that no information is disclosed
by it except so far as necessary for that purpose or for the
purpose of any criminal proceedings; and
(b) that GCHQ does not take any action to further the interests of
any United Kingdom political party.
(3) 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 GCHQ 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
The Director of
GCHQ.
1958 c. 51.
functions.
(4) The Director shall make an annual report on the work of GCHQ
to the Prime Minister and the Secretary of State and may at any time
report to either of them on any matter relating to its work.
Authorisation of certain actions
5.—( 1) No entry on or interference with property or with wireless Warrants: general.
telegraphy shall be unlawful if it is authorised by a warrant issued by the
Secretary of State under this section.