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Order to `narrow' scope of OSAs

01 January 1991

Order to `narrow' scope of OSAs
bacdoc June=1992

PRESCRIPTION ORDER TO NARROW SCOPE OF OFFICIAL SECRETS
LEGISLATION

18 December 1989

The Home Secretary, the Rt Hon David Waddington QC MP, has laid
a draft order before Parliament today, prescribing certain
individuals and organisations for the purposes of the Official
Secrets Act 1989.

The Official Secrets Act 1989 (Prescription) Order, will reduce
substantially the number of organisations which are treated in
the same way as the civil service under official secrets
legislation. The draft is subject to the affirmative resolution
procedure, which requires a debate in both Houses of Parliament.
If the draft is approved, the Home Secretary expects to make a
further Order bringing the 1989 Act into force early in the new
year.


NOTES FOR EDITORS

Section 2 of the Official Secrets Act 1911 applies directly to
information emanating from civil servants and others who in the
words of the Act "hold office under her Majesty", and indirectly,
through subsequent legislation, to information emanating from a
number of other organisations and office holders. These include
the National Health Service, the Post office, British Telecom,
British Nuclear Fuels plc, the UK Atomic Energy Authority, the
Civil Aviation Authority, the Parliamentary Commissioner for
Administration, the Health Service Commissioner and the
equivalent Northern Ireland Commissioners.

The 1989 Act repeals the provisions which brought these
organisations and office holders within the scope of section 2
of the 1911 Act along with section 2 of that Act itself. The
draft Prescription order brings within the scope of the 1989 Act
the comparatively small number of organisations - notably the
Atomic Energy Authority and BNFL - which still need to be
protected by official secrets legislation. The National Health
Service, the Post Office, British Telecom and (in most respects)
the Civil Aviation Authority and the Health Service Commissioner
are no longer treated in the same way as the civil service under
official secrets legislation.


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