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The work of the Security Service is governed by a complex statutory framework which has been established over the past twenty years. This page provides a brief overview of the legal framework within which the Service operates, with links to online copies of the relevant legislation.
The Security Service Act 1989 (new window) sets out the role and responsibilities of the Service, putting it on a statutory basis for the first time. See our Statutory Basis page for further details.
The Terrorism Act 2000 (new window) reforms and extends previous counter-terrorist legislation, and puts it largely on a permanent basis.
This previous legislation was originally designed in response to terrorism connected with Northern Ireland and some of its provisions had subsequently been extended to certain categories of international terrorism. Under the Terrorism Act 2000, measures are applicable to all forms of terrorism.
The Act deals with the proscription of terrorist groups throughout the UK, the appeals process by which a proscription order may be challenged, offences relating to terrorist property (both property to be used for terrorism and the proceeds of acts of terrorism) and police counter-terrorist powers.
An annual report on the operation of the Act, written by an independent reviewer, Lord Carlile of Berriew QC, is provided to Parliament.
In December 2001, Parliament passed the Anti-Terrorism, Crime and Security Act (new window) (ATCSA) in response to the heightened threat of terrorist attacks in the UK in the wake of 11 September 2001.
ATCSA included a range of measures designed to increase the effectiveness of the authorities in combating those directly involved in, or supporting, terrorism. The main provisions of the Act concern:
(i) Terrorist funding - police power to freeze assets of terrorist organisations/individuals when they pose a threat to the UK or its nationals; increased disclosure obligations on financial institutions and measures to increase supervision of bureaux de change.
(ii) Access to information - provisions to permit disclosure of information to security and intelligence agencies and Law Enforcement Agencies by HM Revenue & Customs); improved access to information held by carriers (passenger and freight data) and ability to share information between agencies; code of practice relating to retention of communications data.
(iii) Aviation, chemical, biological and nuclear security - range of provisions including power to detain an aircraft for security reasons and stop and search air passengers; new offences relating to hoaxes concerning noxious substances and tighter regulation of laboratories holding stocks of dangerous diseases; security in the civil nuclear industry.
(iv) Immigration provisions - this section is replaced by the Prevention of Terrorism Act 2005 (see below).
(v) Police powers - range of police powers, for example powers to photograph, search and examine to establish identity including removal of disguises; clarification of jurisdiction of non-geographical forces such as the British Transport Police and Ministry of Defence Police.
The Prevention of Terrorism Act 2005 (new window) came into force on 11 March 2005. The Act replaces section 4 of the Anti-Terrorism, Crime and Security Act 2001. It gives the Home Secretary power to make Control Orders in respect of suspected terrorists, whether British or foreign nationals.
The Control Orders include a range of possible conditions such as a ban on mobile phone or internet use, restrictions on movement and travel, restrictions on associations with named individuals, and the use of tagging for the purposes of monitoring curfews.
A Home Office press release (new window) summarises the provisions of the Act.
The Terrorism Act 2006(PDF 216Kb - new window) came into force on 30 March 2006. The Act makes it a criminal offence to encourage terrorism, including to glorify terrorism; to disseminate terrorist publications, including by extremist bookshops and through Internet activity; to prepare or plan to commit a terrorist act, or to assist others to do so; and to give or receive terrorist training, or to attend a terrorist training camp.
For further information on the Act, see the Home Office website (new window).