Cap. 50 Art. 6Security.
(1) A person who is or has been -
(a) a member of the Security Service, or
(b) a person notified that he is subject to the provisions of this subarticle, is guilty of an offence if without lawful authority he discloses any information, document or other article relating to Security which is or has been in his possession by virtue of his position as a member of that service or in the course of his work while the notification is or was in force.
(2) The reference in subarticle (1) to disclosing information relating to security includes a reference to making any statement which purports to be a disclosure of such information or is intended to be taken by those to whom it is addressed as being such a disclosure.
(3) A person who is or has been a public servant or government contractor is guilty of an offence if without lawful authority he makes a damaging disclosure of any information, document or other article relating to security which is or has been in his possession by virtue of his position as such but otherwise than as mentioned in subarticle (1).
(4) For the purposes of subarticle (3) a disclosure is damaging if:
(a) it causes damage to the work of, or of any part of, the Security Service; or
(b) it is of information or a document or other article which is such that its unauthorised disclosure would be likely to cause such damage or which falls within a class or description of information, documents or articles the unauthorised disclosure of which would be likely to have that effect.
(5) It is a defence for a person charged with an offence under damaging within the meaning of that subarticle.
(6) Notification that a person is subject to subarticle (1) shall be effected by a notice in writing served on him by the Prime Minister or the Minister; and such a notice may be served if, in the opinion of the Prime Minister or the Minister, the work undertaken by the person in question is or includes work connected with the Security Service and its nature is such that the interests of national security require that he should be subject to the provisions of that subarticle.
(7) Subject to subarticle (8), a notification for the purposes of subarticle (1) shall be in force for the period of five years beginning with the day on which it is served but may be renewed by further notices under subarticle (6) for periods of five years at a time.
(8) A notification for the purposes of subarticle (1) may at any time be revoked by a further notice in writing served by the Prime Minister or the Minister on the person concerned; and the Prime Minister or the Minister shall serve such a further notice as soon as, in his opinion, the work undertaken by that person ceases to be such as is mentioned in subarticle (6).
(9) In this article "security" means the work of, or in support of, the Security Service or any part of it, and references to information relating to security include references to information held or transmitted by that Service or by persons in support of, or of any part of it.
Änderungsgeschichte
- Amended by XVIII.1996.5