Page:Official Secrets Act 1989.pdf/12

(d) any member of the naval, military or air forces of the Crown, including any person employed by an association established for the purposes of the 1980. c. 9.Reserve Forces Act 1980;

(e) any constable and any other person employed or appointed in or for the purposes of any police force (including a police force within the meaning of the 1970 c. 9 (N.I).Police Act (Northern Ireland) 1970);

(f) any person who is a member or employee of a prescribed body or a body of a prescribed class and either is prescribed for the purposes of this paragraph or belongs to a prescribed class of members or employees of any such body;

(g) any person who is the holder of a prescribed office or who is an employee of such a holder and either is prescribed for the purposes of this paragraph or belongs to a prescribed class of such employees.

(2) In this Act “government contractor” means, subject to subsection (3) below, any person who is not a Crown servant but who provides, or is employed in the provision of, goods or services—

(a) for the purposes of any Minister or person mentioned in paragraph (a) or (6) of subsection (1) above, of any of the services, forces or bodies mentioned in that subsection or of the holder of any office prescribed under that subsection; or

(b) under an agreement or arrangement certified by the Secretary of State as being one to which the government of a State other than the United Kingdom or an international organisation is a party or which is subordinate to, or made for the purposes of implementing, any such agreement or arrangement.

(3) Where an employee or class of employees of any body, or of any holder of an office, is prescribed by an order made for the purposes of subsection (1) above—

(a) any employee of that body, or of the holder of that office, who is not prescribed or is not within the prescribed class; and

(b) any person who does not provide, or is not employed in the provision of, goods or services for the purposes of the performance of those functions of the body or the holder of the Office in connection with which the employee or prescribed class of employees is engaged,

shall not be a government contractor for the purposes of this Act.

Other interpretation provisions. 13.—(1) In this Act—

“disclose” and “disclosure”, in relation to a document or other article, include parting with possession of it;

“international organisation” means, subject to subsections (2) and (3) below, an organisation of which only States are members and includes a reference to any organ of such an organisation;

“prescribed” means prescribed by an order made by the Secretary of State;

“State” includes the government of a State and any organ of its government and references to a State other than the United Kingdom include references to any territory outside the United Kingdom.