Part 6: General Provisions Section 94 and Schedule 18: Minor and consequential amendments
This section introduces schedule 18, which makes minor and consequential amendments to other legislation.
	Paragraphs 1-3 of schedule 18 repeal the Official Secrets Acts 1911, 1920 and 1939.
	Paragraph 4 provides for the amendments needed to the Police and Criminal Evidence Act 1984 (PACE) as a result of the provisions within section 21 and schedule 3. This paragraph amends PACE to make certain National Security Act offences ‘qualifying offences’ by adding them to section 65A PACE. Certain periods of retention of biometric data (fingerprints and DNA profiles) apply in relation to qualifying offences. If someone is arrested and charged with one of these offences but not convicted, their biometric data is automatically retained for 3 years. The amendments also mean if a suspect is arrested for a national security-related qualifying offence but not charged, the biometric data can be retained for 3 years. ‘National security-related qualifying offence’ is defined by reference to section 34(3)(a) of the National Security Act. Paragraph 5 provides for the equivalent amendments to the Police and Criminal Evidence (Northern Ireland) Order 1989.
	Paragraph 6 makes consequential amendments to the Official Secrets Act 1989 following the repeal of the Official Secrets Acts 1911 and 1920.
	It amends section 5(6) of that Act so that the offence of disclosing information obtained by espionage applies to the relevant offences in this legislation that replace the offence in section 1 of the 1911 Act.
	The paragraph also provides that the search and seizure powers in schedule 2 to this Act are available in relation to specified offences in the Official Secrets Act 1989 following the repeal of the search power in section 9 of the Official Secrets Act 1911. It also makes direct provision for the public to be excluded from proceedings under the Act, in the interests of national security, in place of previous reliance on provision under the Official Secrets Act 1920.
	Paragraph 7 amends the Criminal Procedure (Scotland) Act 1995 in relation to the restrictions on the use of biometric data, to include investigating foreign power threat activity. It makes equivalent provision for Scotland as is contained in paragraph 25 of schedule 3.
	Paragraph 8 amends the Protection of Freedoms Act 2012 to add to the statutory functions of the Biometrics Commissioner, to provide for the Commissioner to review the retention of material under this Act and every national security determination made under this Act.
	Paragraph 9 amends the Modern Slavery Act 2015 to provide that the defence set out in section 45 of that Act is not available in the case of certain offences in this Act. Subsection (1) amends Schedule 4 of the Modern Slavery Act 2015 (offences to which defence in section 45 does not apply). Subsection 2 lists the relevant offences to be added to Schedule 4 and therefore exempted from the section 45 defence.
	Paragraph 10 amends Schedule 3 to the Investigatory Powers Act 2016 (IPA). That schedule provides exemptions to section 56 of the IPA which excludes from legal proceedings any material that has come from interception or any material that suggests intercepted-related conduct has occurred. Schedule 3 to the IPA lists a number of exceptions to section 56. Paragraph 10(2) of this schedule adds an exception for proceedings under Part 2 of this Act (Prevention and Investigation Measures). Paragraph 10(3) adds the offences under sections 1, 3 and 12 and 19 (in relation to offences under section 1 and 12) of this Act to the list of offences to which section 56(1) of the IPA does not apply.
	Paragraph 11 amends paragraph 62 of Schedule 3 to the Counter Terrorism and Border Security Act 2019, which currently provides for the operation of Schedule 3 of that Act to be reviewed by the Investigatory Powers Commissioner. Those powers will be covered by the independent reviewer appointed under Part 3 of the National Security Act. Therefore this paragraph removes the relevant provisions of paragraph 62 that cover reviews by the Investigatory Powers Commissioner.