(1) This section applies where a person is charged with an offence under this Part by reason of a provision of Schedule 4 (extra-territorial jurisdiction).

(2) It is a defence for the person to show that their act was necessary for -

(a) the proper exercise of a function of an intelligence service, or

(b) the proper exercise of a function of the armed forces relating to intelligence.

(3) A person is taken to have shown that their act was so necessary if -

(a) sufficient evidence of that fact is adduced to raise an issue with respect to it, and

(b) the contrary is not proved beyond reasonable doubt.

(4) The head of each intelligence service must ensure that the service has in place arrangements designed to ensure that acts of a member of the service to which a provision of Schedule 4 applies are necessary for the proper exercise of a function of the service.

(5) The Defence Council must ensure that the armed forces have in place arrangements designed to ensure that acts of -