Legislation – National Security Act 2023

Part 1
Espionage, sabotage and persons acting for foreign powers

1 Obtaining or disclosing protected information

2 Obtaining or disclosing trade secrets

3 Assisting a foreign intelligence service

4 Entering etc a prohibited place for a purpose prejudicial to the UK

5 Unauthorised entry etc to a prohibited place

6 Powers of police officers in relation to a prohibited place

7 Meaning of “prohibited place”

8 Power to designate additional sites as prohibited places

9 Power to designate a cordoned area to secure defence aircraft

10 Duration of cordon

11 Powers of police in relation to a cordoned area

13 Foreign interference: general

14 Foreign interference: meaning of “interference effect”

15 Foreign interference: meaning of “prohibited conduct”

16 Foreign interference in elections

17 Obtaining etc material benefits from a foreign intelligence service

18 Preparatory conduct

19 Aggravating factor where foreign power condition met: England and Wales

20 Aggravating factor where foreign power condition met: Northern Ireland

21 Aggravating factor where foreign power condition met: Scotland

22 Aggravating factor where foreign power condition met: armed forces

23 Powers of search etc

24 Disclosure orders

25 Customer information orders

26 Account monitoring orders

27 Arrest without warrant

28 Use of reasonable force

29 Border security

30 Offences under Part 2 of the Serious Crime Act 2007

31 The foreign power condition

32 Meaning of “foreign power”

33 Foreign power threat activity and involvement in that activity

34 Interpretation

35 Offences by bodies corporate etc

36 Offences committed outside the United Kingdom

37 Consents to prosecutions

38 Power to exclude the public from proceedings

Part 2
Prevention and investigation measures

39 Power to impose prevention and investigation measures

40 Conditions A to E

41 Five year limit for Part 2 notices

42 Prior permission of the court

43 Urgent cases: reference to the court etc

44 Directions hearing

45 Review hearing

46 Criminal investigations into foreign power threat activity

47 Review of ongoing necessity

48 Variation of measures

49 Revocation and revival of Part 2 notices

50 Replacement of a Part 2 notice that is quashed etc

51 Other provision relating to the quashing of Part 2 notice

53 Jurisdiction in relation to decisions under this Part

54 Proceedings relating to measures

55 Reports on exercise of powers under this Part

57 Powers of entry etc

58 Fingerprints and samples

61 Legal aid in relation to Part 2 notices

62 Interpretation etc

Part 3
Review of the operation of Parts 1 and 2 etc

63 Reviews: general

64 Reviews of detention under Part 1

Part 4
Foreign activities and foreign influence registration scheme

65 Requirement to register foreign activity arrangements

66 Meaning of “specified person”

67 Offence of carrying out etc relevant activities pursuant to unregistered foreign activity arrangement

68 Requirement to register relevant activities of specified persons

69 Requirement to register foreign influence arrangements

70 Meaning of “political influence activity”

71 Offence of carrying out etc political influence activities pursuant to unregistered foreign influence arrangement

72 Requirement to register political influence activities of foreign powers

74 Registration information

75 Information notices

76 Confidential material

77 Offence of providing false information

78 Offence of carrying out activities under arrangements tainted by false information

79 Publication and disclosure of information

80 Offences: penalties

81 Offences: supplementary provision

82 Annual report

83 Interpretation

Part 5
Terrorism

84 National security proceedings

85 Duty to consider reduction in damages payable by the Crown

86 Section 85: supplementary

87 Sections 84 to 86: interpretation

88 Damages at risk of being used for the purposes of terrorism

89 Legal aid for individuals convicted of terrorism offences

90 Legal aid for individuals convicted of terrorism offences: data sharing

91 Legal aid in relation to terrorism prevention and investigation measures

92 Amendments of the Terrorism Act 2000

Part 6
Miscellaneous and general provisions

93 Intelligence and Security Committee: memorandum of understanding

94 Minor and consequential amendments

95 Power to make consequential amendments

97 Crown application

98 Extent in the United Kingdom

99 Extent outside the United Kingdom

100 Commencement

101 Transitional and saving provision

102 Short title

SCHEDULES

Schedule 1 Foreign interference in elections

Schedule 2 Powers of entry, search and seizure

Schedule 3 Disclosure orders

Schedule 4 Customer information orders

Schedule 5 Account monitoring orders

Schedule 6 Detention under section 27

Schedule 7 Prevention and investigation measures

Schedule 8 Urgent cases: reference to the court etc

Schedule 9 Appeals against convictions

Schedule 10 Proceedings relating to prevention and investigation measures

Schedule 11 Powers of entry, search, seizure and retention

Schedule 12 Fingerprints and samples

Schedule 13 Control of a person by a foreign power

Schedule 14 Public officials

Schedule 15 Exemptions

Schedule 16 Damages at risk of being used for the purposes of terrorism

Schedule 17 Amendments of Terrorism Act 2000

Schedule 18 Minor and consequential amendments

Which version?
Latest available (Revised)
Original (As enacted)

Changes to legislation:

There are currently no known outstanding effects for the National Security Act 2023, Section 11.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Part 1Espionage, sabotage and persons acting for foreign powers

Entering and inspecting places used for defence etc

11Powers of police in relation to a cordoned area

(1)

A constable may order—

(a)

a person not to do any of the following (whether in person or by electronic or remote means)—

(i)

enter, inspect, pass over or under, approach or be in the vicinity of a cordoned area, or

(ii)

cause an unmanned vehicle or device to enter, inspect, pass over or under, approach or be in the vicinity of a cordoned area;

(b)

a person in a cordoned area (whether in person or by electronic or remote means) to leave it immediately;

(c)

a person in an area adjacent to a cordoned area to leave the area immediately;

(d)

the driver or person in charge of a vehicle or device (whether in person or by electronic or remote means) in a cordoned area to move the vehicle or device from the area immediately.

(2)

In subsection (1) a reference to inspecting a cordoned area includes taking or procuring the taking of photographs, videos or other recordings.

(3)

A constable may arrange for—

(a)

the removal of a vehicle or device from a cordoned area;

(b)

the movement of a vehicle or device within a cordoned area.

(4)

A person commits an offence if the person fails to comply with an order imposed under subsection (1).

(5)

It is a defence for a person charged with an offence under subsection (4) to show that the person had a reasonable excuse for that failure.

(6)

A person is taken to have shown a matter mentioned in subsection (5) if—

(a)

sufficient evidence of the matter is adduced to raise an issue with respect to it, and

(b)

the contrary is not proved beyond reasonable doubt.

(7)

A person who commits an offence under subsection (4) is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale (or both).

(8)

In this section “cordoned area” means an area designated as a cordoned area under section 9.