The Security and Intelligence Instrument
Updated 24 February 2022
© Crown copyright 2022
This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk.
Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.
This publication is available at https://www.gov.uk/government/publications/signed-instrument-for-the-retention-of-public-records/the-security-and-intelligence-instrument
1. In this instrument:
“the Act” means the Public Records Act 1958;
“listed person” means a person responsible for public records who is listed in Schedule 1 to this instrument;
“the proviso” means the proviso contained in the second paragraph of section 3(4) of the Act;
“the records” means public records that fall within a description contained in Schedule 2 to this instrument.
2. The Secretary of State for Digital, Culture, Media and Sport makes this instrument in exercise of the power conferred on her by the proviso.
3. This instrument takes effect on 1st January 2022 and expires on 31st December 2031.
4. In the opinion of each listed person, the records for which the responsible person is responsible ought to be retained after the period referred to in section 3(4) of the Act for a special reason.
5. The special reason is that transfer of the records after that period to the Public Record Office or a place of deposit appointed by the Secretary of State under the Act will create a risk of prejudice to national security.
6. Accordingly, the Secretary of State has been informed of the facts and gives her approval to the retention of the records.
7. The Secretary of State is also of the opinion that the records for which she is responsible ought to be retained for the special reason set out in paragraph 5.
The Secretary of State for Digital, Culture, Media and Sport
The … th day of December 2021.
Schedule 1: The listed persons
| Title of person responsible for public records | Department or organisation for whose public records they are responsible |
|---|---|
| Attorney General | Attorney General’s Office |
| Crown Prosecution Service | |
| Government Legal Department | |
| Chancellor of the Exchequer | Her Majesty’s Treasury |
| The Commander, Counter-Terrorism Command | Office of Commissioner of Police of the Metropolis |
| Comptroller and Auditor General | The National Audit office |
| Deputy Chief Executive and Second Permanent Secretary | Her Majesty’s Revenue and Customs |
| Director General National Crime Agency | National Crime Agency |
| Minister for the Cabinet Office | Cabinet Office |
| Prime Minister’s Office | |
| Prime Minister of the United Kingdom of Great Britain and Northern Ireland | Government Communications Headquarters |
| Secret Intelligence Service | |
| Security Service | |
| Secretary of State for Business, Energy and Industrial Strategy | Department for Business, Energy and Industrial Strategy |
| Secretary of State for Defence | Ministry of Defence |
| Secretary of State for Foreign, Commonwealth and Development Affairs | Foreign Commonwealth and Development Office |
| Secretary of State for International Trade | Department for International Trade |
| Secretary of State for Justice | Ministry of Justice including records of HM Prison and Probation Service |
| HM Courts and Tribunals Service | |
| The Criminal Cases Review Commission | |
| Secretary of State for Northern Ireland | Northern Ireland Office |
| Secretary of State for the Environment, Food and Rural Affairs | Department for the Environment, Food and Rural Affairs |
| Secretary of State for the Home Department | Home Office |
| Secretary of State for Transport | Department for Transport including records of Highways England |
| Civil Aviation Authority (CAA) |
Schedule 2: The records
1. Records that relate to the performance of the functions of:
a) the Secret Intelligence Service under section 1 of the Intelligence Services Act 1994;
b) the Government Communications Headquarters under section 3 of the Intelligence Services Act 1994; and
c) the Security Service under section 1 of the Security Service Act 1989.
2. To the extent that they are not records within paragraph 1, records that relate to:
a) the selection and recruitment by any of the bodies referred to in paragraph 1 (“the security and intelligence agencies”) of members of staff, contractors and others (including potential members of staff or contractors);
b) the administration of human resources in relation to members of staff, including former members of staff, of the security and intelligence agencies;
c) vetting of candidates, staff, contractors, and others in accordance with the government’s vetting policy by the security and intelligence agencies;
d) mutual assistance given by any of the security and intelligence agencies in relation to the recruitment and vetting of candidates, staff, contractors, and others by the security and intelligence agencies;
e) operational techniques, methods and capabilities of the security and intelligence agencies, including the use of computer and communications systems;
f) operations or investigations undertaken by the security and intelligence agencies;
g) the location and accommodation of the security and intelligence agencies and of any of their members of staff, contractors or agents;
h) the budget and expenditure of the security and intelligence agencies.
3. To the extent that they are not records within paragraphs 1 or 2, records that relate to:
a) assistance or information provided in confidence for the purpose of safeguarding national security, including (but not limited to) information received from a foreign government or foreign security or intelligence agency; and
b) the means by which such information is conveyed or received.