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 63.

Changes to Legislation

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

63Reviews: general

(1)

The Secretary of State must appoint a person (the “independent reviewer”) to review the operation of—

(a)

Part 1, except section 30;

(b)

Part 2;

(c)

Schedule 3 to the Counter-Terrorism and Border Security Act 2019, except the functions of the Investigatory Powers Commissioner under Part 1 of that Schedule.

(2)

The independent reviewer—

(a)

must carry out a review of the operation of those provisions for each calendar year (an “annual review”), and

(b)

may carry out such other reviews of the operation of any of those provisions as they consider appropriate.

(3)

An annual review must be completed as soon as reasonably practicable after the calendar year to which it relates.

(4)

The independent reviewer must, by 31 January in each calendar year, inform the Secretary of State what (if any) reviews under subsection (2)(b) they intend to carry out in that year.

(5)

The independent reviewer must send to the Secretary of State a report on the outcome of each review carried out under this section as soon as reasonably practicable after completion of the review.

(6)

On receiving a report under this section, the Secretary of State must lay before Parliament—

(a)

the report (but not any material removed under subsection (7)), and

(b)

a statement as to whether any material has been removed under that subsection.

(7)

The Secretary of State may, after consulting the independent reviewer, remove from the report any material whose publication the Secretary of State thinks would be contrary to the public interest, or prejudicial to—

(a)

national security,

(b)

the prevention or detection of crime,

(c)

the economic well-being of the United Kingdom, or

(d)

the continued discharge of the functions of any public authority whose activities include activities that are subject to review by the independent reviewer.

(8)

“Public authority” means a public authority within the meaning of section 6 of the Human Rights Act 1998, other than a court or tribunal.

(9)

The Secretary of State may pay to the independent reviewer—

(a)

expenses incurred in carrying out the functions of the reviewer under this section, and

(b)

such allowances as the Secretary of State determines.