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Anti-terrorism, Crime and Security Act 2001 (c. 24)

(The document as of February, 2008)

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Anti-terrorism, Crime and Security Act 2001

2001 CHAPTER 24

CONTENTS

Content
  1. Part 1

    Terrorist Property

    1. 1. Forfeiture of terrorist cash

    2. 2. Amendments relating to section 1

    3. 3. Terrorist property: amendments

  2. Part 2

    Freezing Orders

    1. Orders

      1. 4. Power to make order

      2. 5. Contents of order

      3. 6. Contents: further provisions

      4. 7. Review of order

      5. 8. Duration of order

    2. Interpretation

      1. 9. Nationals and residents

    3. Orders: procedure etc.

      1. 10. Procedure for making freezing orders

      2. 11. Procedure for making certain amending orders

      3. 12. Procedure for revoking orders

      4. 13. De-hybridisation

      5. 14. Orders: supplementary

    4. Miscellaneous

      1. 15. The Crown

      2. 16. Repeals

  3. Part 3

    Disclosure of Information

    1. 17. Extension of existing disclosure powers

    2. 18. Restriction on disclosure of information for overseas purposes

    3. 19. Disclosure of information held by revenue departments

    4. 20. Interpretation of Part 3

  4. Part 4

    Immigration and Asylum

    1. Suspected international terrorists

      1. 21. Suspected international terrorist: certification

      2. 22. Deportation, removal, &c.

      3. 23. Detention

      4. 24. Bail

      5. 25. Certification: appeal

      6. 26. Certification: review

      7. 27. Appeal and review: supplementary

      8. 28. Review of sections 21 to 23

      9. 29. Duration of sections 21 to 23

      10. 30. Legal proceedings: derogation

      11. 31. Interpretation

      12. 32. Channel Islands and Isle of Man

    2. Refugee Convention

      1. 33. Certificate that Convention does not apply

      2. 34. Construction

    3. Special Immigration Appeals Commission

      1. 35. Status of Commission

    4. Fingerprints

      1. 36. Destruction of fingerprints

  5. Part 5

    Race and Religion

    1. 37. Meaning of racial hatred

    2. 38. Meaning of fear and hatred

    3. 39. Religiously aggravated offences

    4. 40. Racial hatred offences: penalties

    5. 41. Hatred and fear offences: penalties

    6. 42. Saving

  6. Part 6

    Weapons of Mass Destruction

    1. Amendment of the Biological Weapons Act 1974 and the Chemical Weapons Act 1996

      1. 43. Transfers of biological agents and toxins

      2. 44. Extraterritorial application of biological weapons offences

      3. 45. Customs and Excise prosecutions for biological weapons offences

      4. 46. Customs and Excise prosecutions for chemical weapons offences

    2. Nuclear weapons

      1. 47. Use etc. of nuclear weapons

      2. 48. Exceptions

      3. 49. Defences

    3. Assisting or inducing weapons-related acts overseas

      1. 50. Assisting or inducing certain weapons-related acts overseas

    4. Supplemental provisions relating to sections 47 and 50

      1. 51. Extraterritorial application

      2. 52. Powers of entry

      3. 53. Customs and Excise prosecutions

      4. 54. Offences

      5. 55. Consent to prosecutions

      6. 56. Interpretation of Part 6

    5. Extension of Part 6 to dependencies

      1. 57. Power to extend Part 6 to dependencies

  7. Part 7

    Security of Pathogens and Toxins

    1. 58. Pathogens and toxins in relation to which requirements under Part 7 apply

    2. 59. Duty to notify Secretary of State before keeping or using dangerous substances

    3. 60. Information about security of dangerous substances

    4. 61. Information about persons with access to dangerous substances

    5. 62. Directions requiring security measures

    6. 63. Directions requiring disposal of dangerous substances

    7. 64. Directions requiring denial of access

    8. 65. Powers of entry

    9. 66. Search warrants

    10. 67. Offences

    11. 68. Bodies corporate

    12. 69. Partnerships and unincorporated associations

    13. 70. Denial of access: appeals

    14. 71. Other appeals

    15. 72. Giving of directions or notices

    16. 73. Orders and regulations

    17. 74. Interpretation of Part 7

    18. 75. Power to extend Part 7 to animal or plant pathogens, pests or toxic chemicals

  8. Part 8

    Security of Nuclear Industry

    1. 76. Atomic Energy Authority special constables

    2. 77. Regulation of security of civil nuclear industry

    3. 78. Repeals relating to security of civil nuclear installations

    4. 79. Prohibition of disclosures relating to nuclear security

    5. 80. Prohibition of disclosures of uranium enrichment technology

    6. 81. Part 8: supplementary

  9. Part 9

    Aviation Security

    1. 82. Arrest without warrant

    2. 83. Trespass on aerodrome: penalty

    3. 84. Removal of intruder

    4. 85. Aviation security services

    5. 86. Detention of aircraft

    6. 87. Air cargo agent: documents

    7. 88. Extent outside United Kingdom

  10. Part 10

    Police Powers

    1. Identification

      1. 89. Fingerprinting of terrorist suspects

      2. 90. Searches, examinations and fingerprinting: England and Wales

      3. 91. Searches, examinations and fingerprinting: Northern Ireland

      4. 92. Photographing of suspects etc.: England and Wales

      5. 93. Photographing of suspects etc.: Northern Ireland

      6. 94. Powers to require removal of disguises: England and Wales

      7. 95. Powers to require removal of disguises: Northern Ireland

    2. Powers of stop, search and seizure in Northern Ireland

      1. 96. Power to stop and search in anticipation of violence

      2. 97. Seized articles

    3. MoD and transport police

      1. 98. Jurisdiction of MoD police

      2. 99. Provision of assistance by MoD police

      3. 100. Jurisdiction of transport police

      4. 101. Further provisions about transport police and MoD police

  11. Part 11

    Retention of Communications Data

    1. 102. Codes and agreements about the retention of communications data

    2. 103. Procedure for codes of practice

    3. 104. Directions about retention of communications data

    4. 105. Lapsing of powers in section 104

    5. 106. Arrangements for payments

    6. 107. Interpretation of Part 11

  12. Part 12

    Bribery and Corruption

    1. 108. Bribery and corruption: foreign officers etc.

    2. 109. Bribery and corruption committed outside the UK

    3. 110. Presumption of corruption not to apply

  13. Part 13

    Miscellaneous

    1. Third pillar of the European Union

      1. 111. Implementation of the third pillar

      2. 112. Third pillar: supplemental

    2. Dangerous substances

      1. 113. Use of noxious substances or things to cause harm and intimidate

      2. 114. Hoaxes involving noxious substances or things

      3. 115. Sections 113 and 114: supplementary

    3. Intelligence Services Act 1994

      1. 116. Amendments of Intelligence Services Act 1994

    4. Terrorism Act 2000

      1. 117. Information about acts of terrorism

      2. 118. Port and airport controls for domestic travel

      3. 119. Passenger information

      4. 120. Weapons training for terrorists

      5. 121. Crown Court judges: Northern Ireland

  14. Part 14

    Supplemental

    1. 122. Review of Act

    2. 123. Effect of report

    3. 124. Consequential and supplementary provision

    4. 125. Repeals and revocation

    5. 126. Expenses

    6. 127. Commencement

    7. 128. Extent

    8. 129. Short title

    1. Schedule 1

      Forfeiture of terrorist cash

      1. Part 1

        Introductory

      2. Part 2

        Seizure and detention

      3. Part 3

        Forfeiture

      4. Part 4

        Miscellaneous

      5. Part 5

        Property earmarked as terrorist property

      6. Part 6

        Interpretation

    2. Schedule 2

      Terrorist property: amendments

      1. Part 1

        Account monitoring orders

      2. Part 2

        Restraint orders

      3. Part 3

        Disclosure of information

      4. Part 4

        Financial information orders

    3. Schedule 3

      Freezing orders

    4. Schedule 4

      Extension of existing disclosure powers

      1. Part 1

        Enactments to which section 17 applies

      2. Part 2

        Northern Ireland legislation to which section 17 applies

    5. Schedule 5

      Pathogens and toxins

    6. Schedule 6

      The Pathogens Access Appeal Commission

    7. Schedule 7

      Transport police and MoD police: further provisions

    8. Schedule 8

      Repeals and revocation

      1. Part 1

        Terrorist property

      2. Part 2

        Freezing orders

      3. Part 3

        Immigration and asylum

      4. Part 4

        Race and religion

      5. Part 5

        Civil nuclear security

      6. Part 6

        Police powers

      7. Part 7

        Miscellaneous

An Act to amend the Terrorism Act 2000; to make further provision about terrorism and security; to provide for the freezing of assets; to make provision about immigration and asylum; to amend or extend the criminal law and powers for preventing crime and enforcing that law; to make provision about the control of pathogens and toxins; to provide for the retention of communications data; to provide for implementation of Title VI of the Treaty on European Union; and for connected purposes.

[14th December 2001]

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:--



Part 1 Terrorist Property

1 Forfeiture of terrorist cash

(1) Schedule 1 (which makes provision for enabling cash which--

(a) is intended to be used for the purposes of terrorism,

(b) consists of resources of an organisation which is a proscribed organisation, or

(c) is, or represents, property obtained through terrorism,

to be forfeited in civil proceedings before a magistrates' court or (in Scotland) the sheriff) is to have effect.

(2) The powers conferred by Schedule 1 are exercisable in relation to any cash whether or not any proceedings have been brought for an offence in connection with the cash.

(3) Expressions used in this section have the same meaning as in Schedule 1.

(4) Sections 24 to 31 of the Terrorism Act 2000 (c. 11) (seizure of terrorist cash) are to cease to have effect.

(5) An order under section 127 bringing Schedule 1 into force may make any modifications of any code of practice then in operation under Schedule 14 to the Terrorism Act 2000 (exercise of officers' powers) which the Secretary of State thinks necessary or expedient.

2 Amendments relating to section 1

(1) In Schedule 2 to the Access to Justice Act 1999 (c. 22) (services excluded from the Community Legal Service), paragraph 2 (exclusion of advocacy: exceptions) is amended as follows.

(2) In paragraph 2(2) (Crown Court), after paragraph (c) insert-- " or

(d) which relate to an order under paragraph 6 of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 " ,

and omit the "or" at the end of paragraph (b).

(3) In paragraph 2(3) (magistrates' courts), in paragraph (j), after "1998" insert-- " or

(k) for an order or direction under paragraph 3, 5, 6, 9 or 10 of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 " ,

and omit the "or" at the end of paragraph (i).

(4) Schedule 14 to the Terrorism Act 2000 (exercise of officers' powers) is amended as follows.

(5) In paragraph 1--

(a) in paragraph (a), for "section 24" substitute "the terrorist cash provisions", and

(b) after paragraph (b) insert--

" and "the terrorist cash provisions" means Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 " .

(6) In paragraphs 2, 3 and 6(1), at the end insert "or the terrorist cash provisions".

(7) In paragraph 5, after "Act" insert "or the terrorist cash provisions".

(8) In Part I of Schedule 1 to the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981 (S.I.1981/228 (N.I.8)) (proceedings for which legal aid may be given under Part II of the Order), in paragraph 3 (courts of summary jurisdiction) after sub-paragraph (h) insert--

" (i) proceedings under paragraphs 3, 5, 6, 9 and 10 of Schedule 1 to the Anti-terrorism, Crime and Security Act 2001 " .

3 Terrorist property: amendments

Schedule 2 contains amendments to the Terrorism Act 2000.



Part 2 Freezing Orders

Orders

4 Power to make order

(1) The Treasury may make a freezing order if the following two conditions are satisfied.

(2) The first condition is that the Treasury reasonably believe that--

(a) action to the detriment of the United Kingdom's economy (or part of it) has been or is likely to be taken by a person or persons, or

(b) action constituting a threat to the life or property of one or more nationals of the United Kingdom or residents of the United Kingdom has been or is likely to be taken by a person or persons.

(3) If one person is believed to have taken or to be likely to take the action the second condition is that the person is--

(a) the government of a country or territory outside the United Kingdom, or

(b) a resident of a country or territory outside the United Kingdom.

(4) If two or more persons are believed to have taken or to be likely to take the action the second condition is that each of them falls within paragraph (a) or (b) of subsection (3); and different persons may fall within different paragraphs.

5 Contents of order

(1) A freezing order is an order which prohibits persons from making funds available to or for the benefit of a person or persons specified in the order.

(2) The order must provide that these are the persons who are prohibited--

(a) all persons in the United Kingdom, and

(b) all persons elsewhere who are nationals of the United Kingdom or are bodies incorporated under the law of any part of the United Kingdom or are Scottish partnerships.

(3) The order may specify the following (and only the following) as the person or persons to whom or for whose benefit funds are not to be made available--

(a) the person or persons reasonably believed by the Treasury to have taken or to be likely to take the action referred to in section 4;

(b) any person the Treasury reasonably believe has provided or is likely to provide assistance (directly or indirectly) to that person or any of those persons.

(4) A person may be specified under subsection (3) by--

(a) being named in the order, or

(b) falling within a description of persons set out in the order.

(5) The description must be such that a reasonable person would know whether he fell within it.

(6) Funds are financial assets and economic benefits of any kind.

6 Contents: further provisions

Schedule 3 contains further provisions about the contents of freezing orders.

7 Review of order

The Treasury must keep a freezing order under review.

8 Duration of order

A freezing order ceases to have effect at the end of the period of 2 years starting with the day on which it is made.



Interpretation

9 Nationals and residents

(1) A national of the United Kingdom is an individual who is--

(a) a British citizen, a British Dependent Territories citizen, a British National (Overseas) or a British Overseas citizen,

(b) a person who under the British Nationality Act 1981 (c. 61) is a British subject, or

(c) a British protected person within the meaning of that Act.

(2) A resident of the United Kingdom is--

(a) an individual who is ordinarily resident in the United Kingdom,

(b) a body incorporated under the law of any part of the United Kingdom, or

(c) a Scottish partnership.

(3) A resident of a country or territory outside the United Kingdom is--

(a) an individual who is ordinarily resident in such a country or territory, or

(b) a body incorporated under the law of such a country or territory.

(4) For the purposes of subsection (3)(b) a branch situated in a country or territory outside the United Kingdom of--

(a) a body incorporated under the law of any part of the United Kingdom, or

(b) a Scottish partnership,

is to be treated as a body incorporated under the law of the country or territory where the branch is situated.

(5) This section applies for the purposes of this Part.



Orders: procedure etc.

10 Procedure for making freezing orders

(1) A power to make a freezing order is exercisable by statutory instrument.

(2) A freezing order--

(a) must be laid before Parliament after being made;

(b) ceases to have effect at the end of the relevant period unless before the end of that period the order is approved by a resolution of each House of Parliament (but without that affecting anything done under the order or the power to make a new order).

(3) The relevant period is a period of 28 days starting with the day on which the order is made.

(4) In calculating the relevant period no account is to be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days.

(5) If the Treasury propose to make a freezing order in the belief that the condition in section 4(2)(b) is satisfied, they must not make the order unless they consult the Secretary of State.

11 Procedure for making certain amending orders

(1) This section applies if--

(a) a freezing order is made specifying by description (rather than by name) the person or persons to whom or for whose benefit funds are not to be made available,

(b) it is proposed to make a further order which amends the freezing order only so as to make it specify by name the person or persons (or any of the persons) to whom or for whose benefit funds are not to be made available, and

(c) the Treasury reasonably believe that the person or persons named fall within the description contained in the freezing order and the further order contains a statement of the Treasury's belief.

(2) This section also applies if--

(a) a freezing order is made specifying by name the person or persons to whom or for whose benefit funds are not to be made available,

(b) it is proposed to make a further order which amends the freezing order only so as to make it specify by name a further person or further persons to whom or for whose benefit funds are not to be made available, and

(c) the Treasury reasonably believe that the further person or persons fall within the same description as the person or persons specified in the freezing order and the further order contains a statement of the Treasury's belief.

(3) This section also applies if--

(a) a freezing order is made, and

(b) it is proposed to make a further order which amends the freezing order only so as to make it specify (whether by name or description) fewer persons to whom or for whose benefit funds are not to be made available.

(4) If this section applies, a statutory instrument containing the further order is subject to annulment in pursuance of a resolution of either House of Parliament.

12 Procedure for revoking orders

A statutory instrument containing an order revoking a freezing order (without re-enacting it) is subject to annulment in pursuance of a resolution of either House of Parliament.

13 De-hybridisation

If apart from this section an order under this Part would be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.

14 Orders: supplementary

(1) Where this Part confers a power to make provision, different provision may be made for different purposes.

(2) An order under this Part may include supplementary, incidental, saving or transitional provisions.

(3) Nothing in this Part affects the generality of subsection (2).



Miscellaneous

15 The Crown

(1) A freezing order binds the Crown, subject to the following provisions of this section.

(2) No contravention by the Crown of a provision of a freezing order makes the Crown criminally liable; but the High Court or in Scotland the Court of Session may, on the application of a person appearing to the Court to have an interest, declare unlawful any act or omission of the Crown which constitutes such a contravention.

(3) Nothing in this section affects Her Majesty in her private capacity; and this is to be construed as if section 38(3) of the Crown Proceedings Act 1947 (c. 44) (meaning of Her Majesty in her private capacity) were contained in this Act.

16 Repeals

(1) These provisions shall cease to have effect--

(a) section 2 of the Emergency Laws (Re-enactments and Repeals) Act 1964 (c. 60) (Treasury's power to prohibit action on certain orders as to gold etc);

(b) section 55 of the Finance Act 1968 (c. 44) (meaning of security in section 2 of 1964 Act).

(2) Subsection (1) does not affect a reference which--

(a) is to a provision referred to in that subsection, and

(b) is contained in a provision made under an Act.



Part 3 Disclosure of Information

17 Extension of existing disclosure powers

(1) This section applies to the provisions listed in Schedule 4, so far as they authorise the disclosure of information.

(2) Each of the provisions to which this section applies shall have effect, in relation to the disclosure of information by or on behalf of a public authority, as if the purposes for which the disclosure of information is authorised by that provision included each of the following--

(a) the purposes of any criminal investigation whatever which is being or may be carried out, whether in the United Kingdom or elsewhere;

(b) the purposes of any criminal proceedings whatever which have been or may be initiated, whether in the United Kingdom or elsewhere;

(c) the purposes of the initiation or bringing to an end of any such investigation or proceedings;

(d) the purpose of facilitating a determination of whether any such investigation or proceedings should be initiated or brought to an end.

(3) The Treasury may by order made by statutory instrument add any provision contained in any subordinate legislation to the provisions to which this section applies.

(4) The Treasury shall not make an order under subsection (3) unless a draft of it has been laid before Parliament and approved by a resolution of each House.

(5) No disclosure of information shall be made by virtue of this section unless the public authority by which the disclosure is made is satisfied that the making of the disclosure is proportionate to what is sought to be achieved by it.

(6) Nothing in this section shall be taken to prejudice any power to disclose information which exists apart from this section.

(7) The information that may be disclosed by virtue of this section includes information obtained before the commencement of this section.

18 Restriction on disclosure of information for overseas purposes

(1) Subject to subsections (2) and (3), the Secretary of State may give a direction which--

(a) specifies any overseas proceedings or any description of overseas proceedings; and

(b) prohibits the making of any relevant disclosure for the purposes of those proceedings or, as the case may be, of proceedings of that description.

(2) In subsection (1) the reference, in relation to a direction, to a relevant disclosure is a reference to a disclosure authorised by any of the provisions to which section 17 applies which--

(a) is made for a purpose mentioned in subsection (2)(a) to (d) of that section; and

(b) is a disclosure of any such information as is described in the direction.

(3) The Secretary of State shall not give a direction under this section unless it appears to him that the overseas proceedings in question, or that overseas proceedings of the description in question, relate or would relate--

(a) to a matter in respect of which it would be more appropriate for any jurisdiction or investigation to be exercised or carried out by a court or other authority of the United Kingdom, or of a particular part of the United Kingdom;

(b) to a matter in respect of which it would be more appropriate for any jurisdiction or investigation to be exercised or carried out by a court or other authority of a third country; or

(c) to a matter that would fall within paragraph (a) or (b)--

(i) if it were appropriate for there to be any exercise of jurisdiction or investigation at all; and

(ii) if (where one does not exist) a court or other authority with the necessary jurisdiction or functions existed in the United Kingdom, in the part of the United Kingdom in question or, as the case may be, in the third country in question.

(4) A direction under this section shall not have the effect of prohibiting--

(a) the making of any disclosure by a Minister of the Crown or by the Treasury; or

(b) the making of any disclosure in pursuance of a Community obligation.

(5) A direction under this section--

(a) may prohibit the making of disclosures absolutely or in such cases, or subject to such conditions as to consent or otherwise, as may be specified in it; and

(b) must be published or otherwise issued by the Secretary of State in such manner as he considers appropriate for bringing it to the attention of persons likely to be affected by it.

(6) A person who, knowing of any direction under this section, discloses any information in contravention of that direction shall be guilty of an offence and liable--

(a) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both;

(b) on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum or to both.

(7) The following are overseas proceedings for the purposes of this section--

(a) criminal proceedings which are taking place, or will or may take place, in a country or territory outside the United Kingdom;

(b) a criminal investigation which is being, or will or may be, conducted by an authority of any such country or territory.

(8) References in this section, in relation to any proceedings or investigation, to a third country are references to any country or territory outside the United Kingdom which is not the country or territory where the proceedings are taking place, or will or may take place or, as the case may be, is not the country or territory of the authority which is conducting the investigation, or which will or may conduct it.

(9) In this section "court" includes a tribunal of any description.

19 Disclosure of information held by revenue departments

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(1) This section applies to information which is held by or on behalf of the Commissioners of Inland Revenue or by or on behalf of the Commissioners of Customs and Excise, including information obtained before the coming into force of this section.

(2) No obligation of secrecy imposed by statute or otherwise prevents the disclosure, in accordance with the following provisions of this section, of information to which this section applies if the disclosure is made--

(a) for the purpose of facilitating the carrying out by any of the intelligence services of any of that service's functions;

(b) for the purposes of any criminal investigation whatever which is being or may be carried out, whether in the United Kingdom or elsewhere;

(c) for the purposes of any criminal proceedings whatever which have been or may be initiated, whether in the United Kingdom or elsewhere;

(d) for the purposes of the initiation or bringing to an end of any such investigation or proceedings; or

(e) for the purpose of facilitating a determination of whether any such investigation or proceedings should be initiated or brought to an end.

(3) No disclosure of information to which this section applies shall be made by virtue of this section unless the person by whom the disclosure is made is satisfied that the making of the disclosure is proportionate to what is sought to be achieved by it.

(4) Information to which this section applies shall not be disclosed by virtue of this section except by the Commissioners by or on whose behalf it is held or with their authority.

(5) Information obtained by means of a disclosure authorised by subsection (2) shall not be further disclosed except--

(a) for a purpose mentioned in that subsection; and

(b) with the consent of the Commissioners by whom or with whose authority it was initially disclosed;

and information so obtained otherwise than by or on behalf of any of the intelligence services shall not be further disclosed (with or without such consent) to any of those services, or to any person acting on behalf of any of those services, except for a purpose mentioned in paragraphs (b) to (e) of that subsection.

(6) A consent for the purposes of subsection (5) may be given either in relation to a particular disclosure or in relation to disclosures made in such circumstances as may be specified or described in the consent.

(7) Nothing in this section authorises the making of any disclosure which is prohibited by any provision of the Data Protection Act 1998 (c. 29).

(8) References in this section to information which is held on behalf of the Commissioners of Inland Revenue or of the Commissioners of Customs and Excise include references to information which--

(a) is held by a person who provides services to the Commissioners of Inland Revenue or, as the case may be, to the Commissioners of Customs and Excise; and

(b) is held by that person in connection with the provision of those services.

(9) In this section "intelligence service" has the same meaning as in the Regulation of Investigatory Powers Act 2000 (c. 23).

(10) Nothing in this section shall be taken to prejudice any power to disclose information which exists apart from this section.

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