Legislation – National Security Act 2023

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Introduction

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

12 Sabotage

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

52 Appeals

53 Jurisdiction in relation to decisions under this Part

54 Proceedings relating to measures

55 Reports on exercise of powers under this Part

56 Offence

57 Powers of entry etc

58 Fingerprints and samples

59 Notices

60 Contracts

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

73 Exemptions

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

96 Regulations

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

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Part 4Foreign activities and foreign influence registration scheme

Activities of specified persons

68Requirement to register relevant activities of specified persons

(1)

A specified person who is not a foreign power must not carry out relevant activities in the United Kingdom unless the activities are registered with the Secretary of State by the specified person.

(2)

A person who holds office in or under, or is an employee or other member of staff of, a specified person who is not a foreign power, must not carry out relevant activities in the United Kingdom in that capacity unless the activities are registered with the Secretary of State by the specified person.

(3)

A person who holds office in or under, or is an employee or other member of staff of, a specified person who is a foreign power must not carry out relevant activities in the United Kingdom in that capacity if or to the extent that—

(a)

the person makes a misrepresentation about their activities or the capacity in which they act (whether generally or to a particular person), and

(b)

the activities are not registered with the Secretary of State by the specified person.

(4)

In this section “relevant activities”—

(a)

if regulations under subsection (5) apply in relation to the specified person, has the meaning given by the regulations, and

(b)

otherwise, means all activities.

(5)

The Secretary of State may by regulations make provision about activities which are relevant activities for the purposes of this section, either in relation to all specified persons or in relation to such specified persons as the regulations may provide.

(6)

A misrepresentation is a representation that a reasonable person would consider to be false or misleading in a material way.

(7)

A misrepresentation may be made by making a statement or by any other kind of conduct (including an omission), and may be express or implied.

(8)

A misrepresentation may in particular include—

(a)

a misrepresentation as to the person’s identity or purpose;

(b)

presenting information in a way which amounts to a misrepresentation, even if some or all of the information is true.

(9)

A person who breaches a prohibition in subsection (1) or (2) commits an offence.

(10)

A person who breaches a prohibition in subsection (3) commits an offence if the person knows, or having regard to other matters known to them ought reasonably to know, that paragraph (a) of that subsection applies.

(11)

In proceedings for an offence under subsection (9) or (10) it is a defence to show that the person—

(a)

took all steps reasonably practicable to determine whether the activities were registered, and

(b)

reasonably believed that the activities were registered.

(12)

A person is taken to have shown a matter mentioned in subsection (11) 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.