S C H E D U L E S

SCHEDULE 1

1.—(1) This paragraph applies in the case of protected information falling within
section 10(1)(a) or (b) where the statutory power in question is one exercised, or to be
exercised, in accordance with—

(a) a warrant issued by the Secretary of State or a person holding judicial
office; or

(2) Subject to sub-paragraphs (3) to (5) and paragraph 4, a person has the
appropriate permission in relation to that protected information if—

(a) the warrant or, as the case may be, the authorisation contained the relevant
authority’s permission for the giving of section 10 notices in relation to
protected information to be obtained under the warrant or authorisation; or

(3) Only persons holding office under the Crown, the police and customs and
excise shall be capable of having the appropriate permission in relation to protected
information obtained, or to be obtained, under a warrant issued by the Secretary of
State.

(4) Only a person who—

(a) was entitled to exercise the power conferred by the warrant, or

(b) is of the description of persons on whom the power conferred by the
warrant was, or could have been, conferred,

shall be capable of having the appropriate permission in relation to protected
information obtained, or to be obtained, under a warrant issued by a person holding
judicial office.

(6) In this paragraph "the relevant authority"—

(a) in relation to a warrant issued by the Secretary of State, means the
Secretary of State;

(b) in relation to a warrant issued by a person holding judicial office, means any
person holding any judicial office that would have entitled him to issue the
warrant; and

(c) in relation to protected information obtained under an authorisation under
Part III of the Police Act 1997, means (subject to sub-paragraph (7)) an
authorising officer within the meaning of section 93 of that Act.

(7) Section 94 of the Police Act 1997 (power of other persons to grant
authorisations in urgent cases) shall apply in relation to—

(a) an application for permission for the giving of section 10 notices in
relation to protected information obtained, or to be obtained, under an
authorisation under Part III of that Act, and

(b) the powers of any authorising officer (within the meaning of section 93 of that
Act) to grant such a permission,

as it applies in relation to an application for an authorisation under section 93 of that Act
and the powers of such an officer under that section.

(8) References in this paragraph to a person holding judicial office are
references to—

(a) any judge of the Crown Court or of the High Court of Justiciary;

(b) any sheriff;

(c) any justice of the peace; or

(9) Protected information that comes into a person’s possession by means of the
exercise of any statutory power which—

(a) is exercisable without a warrant, but

(b) is so exercisable in the course of, or in connection with, the exercise of
another statutory power for which a warrant is required,

2.—(1) This paragraph applies—

(a) in the case of protected information falling within section 10(1)(a) or (b)
which is not information in the case of which paragraph 1 applies; and

(b) in the case of protected information falling within section 10(1)(c).

(2) Subject to paragraph 4, where—

(a) the statutory power was exercised by the police, the customs and excise or a
member of Her Majesty’s forces, or

(b) the information was provided or disclosed to the police, the customs and
excise or a member of Her Majesty’s forces, or

(c) the information is in the possession of the police, the customs and excise or a
member of Her Majesty’s forces,

the police, the customs and excise or, as the case may be, members of Her
Majesty’s forces have the appropriate permission in relation to the protected
information.

(3) In any other case a person has the appropriate permission if—

(a) he is a person falling within sub-paragraph (4); and

(b) written permission for the giving of section 10 notices in relation to that
information has been granted—

(i) in England and Wales, by a Circuit judge;

(ii) in Scotland, by the sheriff; or

(iii) in Northern Ireland, by a county court judge.

(4) A person falls within this sub-paragraph if, as the case may be—

(a) he is the person who exercised the statutory power or is of the description of
persons who would have been entitled to exercise it; or

3.—(1) This paragraph applies in the case of protected information falling within
section 10(1)(d).

(2) Subject to paragraph 4, a person has the appropriate permission in relation to that
protected information if written permission for the giving of section 10 notices in
relation to that information has been granted—

(a) in the case of information which is in the possession of an intelligence
agency, by the Secretary of State; and

(b) in the case of information which is in the possession of the police or the
customs and excise—

(i) in England and Wales, by a Circuit judge;

(ii) in Scotland, by the sheriff; or

(iii) in Northern Ireland, by a county court judge.

(3) Where the protected information is in the possession both of an intelligence
agency and of the police or the customs and excise, permission may be granted
under sub-paragraph (2) either—

(a) by the Secretary of State, on the application of a person holding office
under the Crown; or

(b) by a Circuit judge, the sheriff or a county court judge, on the application of the
police or the customs and excise.

4.—(1) A person does not have the appropriate permission in relation to any
protected information unless he is either—

(a) a person who has the protected information in his possession or, in the case of
information falling within section 10(1)(a) or (b), has it in his possession or is
likely to acquire it; or

(2) Subject to sub-paragraph (3), a constable does not have the appropriate
permission in relation to any protected information unless—

(a) he is of or above the rank of superintendent; or

(3) In the case of protected information that has come into the police’s
possession by means of the exercise of powers conferred by section 13A or 13B of the
Prevention of Terrorism (Temporary Provisions) Act 1989 (powers to stop and
search vehicles and pedestrians), the permission required by sub-paragraph (2) shall not
be granted by any person below the rank mentioned in section 13A(1) of that Act.

(4) A person commissioned by the Commissioners of Customs and Excise does not
have the appropriate permission in relation to any protected information unless
permission to give a section 10 notice in relation to that information has been
granted—

(a) by those Commissioners themselves; or

(b) by an official of their department of or above such level as they may
designate for the purposes of this sub-paragraph by order made by
statutory instrument.

(5) A member of Her Majesty’s forces does not have the appropriate permission in
relation to any protected information unless—

(a) he is of or above the rank of lieutenant colonel or its equivalent; or

(b) permission to give a section 10 notice in relation to that information has
been granted by a person holding the rank of lieutenant colonel or its
equivalent, or by a person holding a rank higher than lieutenant colonel or its
equivalent.

(6) A statutory instrument containing an order under sub-paragraph (4) shall be
subject to annulment in pursuance of a resolution of either House of Parliament.

5.—(1) A permission granted by any person under any provision of this
Schedule shall not entitle any person to give a section 10 notice at any time after the
permission has ceased to have effect.

(2) Such a permission, once granted, shall continue to have effect
(notwithstanding the cancellation, expiry or other discharge of any warrant or
authorisation in which it is contained or to which it relates) until such time as it—

(a) expires in accordance with any limitation on its duration that was
contained in its terms; or

(b) is withdrawn by the person who granted it or by a person holding any
office or other position that would have entitled him to grant it.

6. A permission for the purposes of any provision of this Schedule shall not be
granted by the Secretary of State except—

(a) under his hand; or

SCHEDULE 2

1.—(1) The Tribunal shall consist of five members each of whom shall be—

(a) a person who has a ten year general qualification, within the meaning of
section 71 of the Courts and Legal Services Act 1990;

(b) an advocate or solicitor in Scotland of at least ten years’ standing; or

(c) a member of the Bar of Northern Ireland or solicitor of the Supreme Court of
Northern Ireland of at least ten years’ standing.

(2) The members of the Tribunal—

(a) shall be such persons as Her Majesty may by Letters Patent appoint; and

(3) A member of the Tribunal shall vacate office at the end of the period of five
years beginning with the day of his appointment, but shall be eligible for
reappointment.

(4) A member of the Tribunal may be relieved of office by Her Majesty at his own
request.

(5) A member of the Tribunal may be removed from office by Her Majesty on an
Address presented to Her by both Houses of Parliament.

2.—(1) Her Majesty may by Letters Patent appoint as President or Vice-
President of the Tribunal a person who is, or by virtue of those Letters will be, a
member of the Tribunal.

(2) If at any time the President of the Tribunal is temporarily unable to carry out the
functions of the President under this Schedule, the Vice-President shall carry out
those functions.

(3) A person shall cease to be President or Vice-President of the Tribunal if he
ceases to be a member of the Tribunal.

3.—(1) The Secretary of State may make rules—

(a) prescribing the form and manner in which a complaint is to be made;

(b) concerning the determination of the question whether or not a complainant is
an interested party (within the meaning of section 18);

(c) enabling the functions of the Tribunal in relation to a complaint to be
carried out, in any place in the United Kingdom, by any two or more
members of the Tribunal designated for the purpose by their President;

(d) enabling different members of the Tribunal to carry out functions in
relation to different complaints at the same time;

(e) prescribing the practice and procedure to be followed on or in connection
with the hearing of a complaint, including the mode and burden of proof and
admissibility of evidence on such hearings;

(f) prescribing the orders that may be made by the Tribunal under section
18(3);

(g) concerning any other matters preliminary or incidental to or arising out of the
hearing of a complaint.

(2) Rules under this paragraph shall provide—

(a) that a complainant has the right (subject to any power conferred on the
Tribunal by such rules) to be legally represented in any proceedings
before the Tribunal on the hearing of his complaint; and

(b) that, subject to any rules under sub-paragraph (3), a complainant is to be
notified of any decision of the Tribunal in respect of his complaint.

(3) Rules under this paragraph may, in particular, make provision—

(a) enabling proceedings before the Tribunal to take place without the
complainant being given full particulars of the reasons for any decision to
which the complaint relates;

(b) enabling the Tribunal to hold proceedings in the absence of any person,
including the complainant and any legal representative appointed by him;

(c) enabling the Tribunal to give the complainant a summary of any evidence
taken in his absence.

(4) Rules under this paragraph may also include provision—

(a) enabling functions of the Tribunal that relate to matters preliminary or
incidental to the hearing of a complaint to be performed by a single
member of the Tribunal;

(b) conferring on the Tribunal such ancillary powers as the Secretary of State
thinks necessary for the purposes of the exercise of their functions.

(5) In making rules under this paragraph the Secretary of State shall have regard, in
particular, to—

(a) the need to secure that matters which are the subject of complaints are
properly considered; and

(b) the need to secure that information is not disclosed to an extent, or in a
manner, that is contrary to the public interest or prejudicial to—

(i) national security;

(ii) the prevention or detection of serious crime;

(iii) the economic well-being of the United Kingdom; or

(iv) the continued discharge of the functions of any intelligence
agency.

(6) In this paragraph "complaint" means a complaint falling within section
18(1)(a) or (b).

(a) power to make such incidental, supplemental, consequential and
transitional provision as the Secretary of State thinks fit; and

(b) power to make different provision for different cases.

(2) The power to make rules under paragraph 3 shall be exercisable by statutory
instrument.

(3) No rules shall be made under paragraph 3 unless a draft of them has first
been laid before Parliament and approved by a resolution of each House.

(2) A person may be appointed under sub-paragraph (1) only if he is—

(a) a person having a general qualification for the purposes of section 71 of the
Courts and Legal Services Act 1990;

(b) an advocate;

(c) a solicitor who has by virtue of section 25A of the Solicitors (Scotland) Act
1980 rights of audience in the Court of Session or the High Court of
Justiciary; or

(d) a member of the Bar of Northern Ireland.

(3) A person appointed under sub-paragraph (1) shall not be responsible to the
person whose interests he is appointed to represent.

7. It shall be the duty of—

(a) every person holding office under the Crown,

(b) every member of an intelligence agency,

(c) every official of a government department,

(d) every person engaged in the business of the Post Office or in the running of a
public telecommunication system (within the meaning of the
Telecommunications Act 1984),

(e) every person by or to whom a section 10 notice has been given, and

(f) every officer or employee of a person whose officers or employees include
persons with duties that involve the giving of section 10 notices,
to disclose or provide to the Tribunal such documents or information as they may
require for the purpose of enabling them to carry out their functions under this Part.

8.—(1) Where the Tribunal have made a final determination of any complaint, any
party to the proceedings on the complaint may bring an appeal to the appropriate
appeal court on any question of law material to that determination.

(3) In this paragraph the "appropriate appeal court" means the Court of Appeal, the
Court of Session or the Court of Appeal in Northern Ireland according to the part of the
United Kingdom to which the complaint is allocated in accordance with rules under
paragraph 3 above.

9.—(1)The Secretary of State shall pay to the members of the Tribunal out of
money provided by Parliament such remuneration and allowances as he may with the
approval of the Treasury determine.

(2) Such expenses of the Tribunal as the Secretary of State may with the
approval of the Treasury determine shall be defrayed by him out of money provided by
Parliament.

10.—(1) The Secretary of State may, after consultation with the Tribunal and
with the approval of the Treasury as to numbers, provide the Tribunal with such
officers as he thinks necessary for the proper discharge of their functions.

(2) The Tribunal may authorise any officer provided under this paragraph to
obtain any documents or information on the Tribunal’s behalf.

11. In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 and
in Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975
(bodies whose members are disqualified) there shall be inserted (at the appropriate
places) the following entry—