National Security Act 2023
2023 c. 32 · Enacted 11 July 2023 · Extends to United Kingdom
Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C1
Contents
- Part 1: Espionage, sabotage and persons acting for foreign powers
- Espionage etc
- 1Obtaining or disclosing protected information
- 2Obtaining or disclosing trade secrets
- 3Assisting a foreign intelligence service
- Entering and inspecting places used for defence etc
- 4Entering etc a prohibited place for a purpose prejudicial to the UK
- 5Unauthorised entry etc to a prohibited place
- 6Powers of police officers in relation to a prohibited place
- 7Meaning of “prohibited place”
- 8Power to designate additional sites as prohibited places
- 9Power to designate a cordoned area to secure defence aircraft
- 10Duration of cordon
- 11Powers of police in relation to a cordoned area
- Sabotage
- 12Sabotage
- Foreign interference
- 13Foreign interference: general
- 14Foreign interference: meaning of “interference effect”
- 15Foreign interference: meaning of “prohibited conduct”
- 16Foreign interference in elections
- Obtaining benefits from a foreign intelligence service
- 17Obtaining etc material benefits from a foreign intelligence service
- Offences relating to designated bodies
- 17ASupporting a designated body
- 17BAssisting a designated body
- 17CObtaining etc material benefits from a designated body
- Preparatory conduct
- 18Preparatory conduct
- Acting for foreign power or designated body as aggravating factor in sentencing
- 19Aggravating factor where foreign power condition met: England and Wales
- 20Aggravating factor where foreign power or designated body condition met: Northern Ireland
- 21Aggravating factor where foreign power or designated body condition met: Scotland
- 22Aggravating factor where foreign power condition met: armed forces
- Powers of investigation etc
- 23Powers of search etc
- 24Disclosure orders
- 25Customer information orders
- 26Account monitoring orders
- 27Arrest without warrant
- 28Use of reasonable force
- 29Border security
- 30Offences under Part 2 of the Serious Crime Act 2007
- Foreign power condition and foreign power threat activity
- 31The foreign power condition
- 32Meaning of “foreign power”
- 33Foreign power threat activity and involvement in that activity
- Designation of bodies involved in foreign power threat activity
- 33APower to designate bodies involved in foreign power threat activity
- 33BThe designated body condition
- Removal of designation
- 33CRemoval of designation: application
- 33DRemoval of designation: appeal
- 33EFurther appeal
- 33FAppeal: effect on conviction etc.
- 33GProceedings under the Human Rights Act 1998
- 33HImmunity
- Supplementary provision
- 34Interpretation
- 35Offences by bodies corporate etc
- 36Offences committed outside the United Kingdom
- 37Consents to prosecutions
- 38Power to exclude the public from proceedings
- Part 2: Prevention and investigation measures
- Imposition of prevention and investigation measures
- 39Power to impose prevention and investigation measures
- 40Conditions A to E
- Five year limit on imposition of measures
- 41Five year limit for Part 2 notices
- Court scrutiny of imposition of measures
- 42Prior permission of the court
- 43Urgent cases: reference to the court etc
- 44Directions hearing
- 45Review hearing
- Consultation requirements
- 46Criminal investigations into foreign power threat activity
- Review of ongoing necessity
- 47Review of ongoing necessity
- Changes concerning Part 2 notices
- 48Variation of measures
- 49Revocation and revival of Part 2 notices
- 50Replacement of a Part 2 notice that is quashed etc
- 51Other provision relating to the quashing of Part 2 notice
- Appeals and court proceedings
- 52Appeals
- 53Jurisdiction in relation to decisions under this Part
- 54Proceedings relating to measures
- Other safeguards
- 55Reports on exercise of powers under this Part
- Enforcement
- 56Offence
- 57Powers of entry etc
- 58Fingerprints and samples
- Supplementary provisions
- 59Notices
- 60Contracts
- 61Legal aid in relation to Part 2 notices
- 62Interpretation etc
- Part 3: Review of the operation of Parts 1 and 2 etc
- 63Reviews: general
- 64Reviews of detention under Part 1
- Part 4: Foreign activities and foreign influence registration scheme
- Activities of specified persons
- 65Requirement to register foreign activity arrangements
- 66Meaning of “specified person”
- 67Offence of carrying out etc relevant activities pursuant to unregistered foreign activity arrangement
- 68Requirement to register relevant activities of specified persons
- Political influence activities of foreign powers
- 69Requirement to register foreign influence arrangements
- 70Meaning of “political influence activity”
- 71Offence of carrying out etc political influence activities pursuant to unregistered foreign influence arrangement
- 72Requirement to register political influence activities of foreign powers
- Exemptions
- 73Exemptions
- Information
- 74Registration information
- 75Information notices
- 76Confidential material
- 77Offence of providing false information
- 78Offence of carrying out activities under arrangements tainted by false information
- 79Publication and disclosure of information
- Offences: penalties etc
- 80Offences: penalties
- 81Offences: supplementary provision
- Supplementary
- 82Annual report
- 83Interpretation
- Part 5: Terrorism
- Damages in national security proceedings Not yet in force
- 84National security proceedings Not yet in force
- 85Duty to consider reduction in damages payable by the Crown Not yet in force
- 86Section 85: supplementary Not yet in force
- 87Sections 84 to 86: interpretation Not yet in force
- Freezing and forfeiture of damages Not yet in force
- 88Damages at risk of being used for the purposes of terrorism Not yet in force
- Legal aid Not yet in force
- 89Legal aid for individuals convicted of terrorism offences Not yet in force
- 90Legal aid for individuals convicted of terrorism offences: data sharing Not yet in force
- 91Legal aid in relation to terrorism prevention and investigation measures Not yet in force
- Amendments of the Terrorism Act 2000
- 92Amendments of the Terrorism Act 2000
- Part 6: Miscellaneous and general provisions
- Intelligence and Security Committee
- 93Intelligence and Security Committee: memorandum of understanding
- General provisions
- 94Minor and consequential amendments
- 95Power to make consequential amendments
- 96Regulations
- 97Crown application
- 98Extent in the United Kingdom
- 99Extent outside the United Kingdom
- 100Commencement
- 101Transitional and saving provision
- 102Short title
- Schedule 1: Foreign interference in elections
- 1Relevant electoral offences
- Part 2: Amendments
- 1Electoral Law Act (Northern Ireland) 1962 (c.14 (N.I.))
- 2Representation of the People Act 1983 (c. 2)
- 3Political Parties, Elections and Referendums Act 2000 (c. 41)
- Schedule 2: Powers of entry, search and seizure
- Part 1: England and Wales and Northern Ireland
- 1Introductory
- 2Material other than confidential material: search, seizure and retention
- 3Confidential material: production orders
- 4Confidential material: production orders
- 5Production orders: supplementary provision
- 6Production orders: supplementary provision
- 7Production orders: supplementary provision
- 8Production orders: supplementary provision
- 9Confidential material: search, seizure and retention
- 10Explanations
- 11Explanations
- 12Urgent cases
- 13Urgent cases
- 14Urgent cases
- 15Application of PACE
- 16Procedure rules
- 17Interpretation
- Part 2: Scotland
- 18Introductory
- 19Production orders
- 20Production orders
- 21Production orders: supplementary
- 22Production orders: supplementary
- 23Production orders: supplementary
- 24Production orders: supplementary
- 25Search, seizure and retention
- 26Explanations
- 27Urgent cases
- 28Urgent cases
- 29Urgent cases
- 30Supplementary
- Schedule 3: Disclosure orders
- Part 1: England and Wales and Northern Ireland
- 1Introductory
- 2Disclosure orders
- 3Supplementary provision
- 4Applications
- 5Discharge or variation
- 6Rules of court
- 7Offences
- 8Statements
- 9Interpretation
- Part 2: Scotland
- 10Introductory
- 11Disclosure orders
- 12Supplementary provision
- 13Applications
- 14Discharge or variation
- 15Rules of court
- 16Offences
- 17Statements
- 18Interpretation
- Schedule 4: Customer information orders
- 1Customer information orders
- 2Supplementary provision
- 3Applications
- 4Discharge or variation
- 5Rules of court
- 6Offences
- 7Statements
- 8Interpretation
- Schedule 5: Account monitoring orders
- 1Account monitoring orders
- 2Applications
- 3Discharge or variation
- 4Rules of court
- 5Effect of orders
- 6Statements
- 7Interpretation
- Schedule 6: Detention under section 27
- Part 1: Treatment of persons detained under section 27
- 1Place of detention
- 2Identification
- 3Video recording of interviews
- 4Video recording of interviews
- 5Status
- Part 2: Rights of persons detained under section 27: England, Wales and Northern Ireland
- 6Right to have named person informed of detention
- 7Right to consult a solicitor
- 8Right to consult a solicitor
- 9Delay in exercise of rights
- 10Taking of intimate and non-intimate samples
- 11Taking of intimate and non-intimate samples
- 12Taking of intimate and non-intimate samples
- 13Taking of intimate and non-intimate samples
- 14Taking of intimate and non-intimate samples
- Part 3: Rights of persons detained under section 27: Scotland
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- Part 4: Dealing with fingerprints and samples etc: United Kingdom
- 19Retention of fingerprints and samples etc: general
- 20Retention of fingerprints and samples etc: general
- 21Retention of fingerprints and samples etc: general
- 22Retention of material covered by a national security determination
- 23Fingerprints and relevant physical data: further provision
- 24Fingerprints and relevant physical data: further provision
- 25Samples: further provision
- 26Restrictions on use of retained material
- 27Material disclosable in connection with a criminal investigation
- 28Interpretation
- Part 5: Review of detention under section 27
- 29Requirement
- 30Postponement
- 31Grounds for continued detention
- 32Review officer
- 33Review officer
- 34Representations
- 35Rights
- 36Record
- Part 6: Extension of detention under section 27
- 37Warrants of further detention
- 38Time limit
- 39Notice
- 40Grounds for extension
- 41Representation
- 42Information
- 43Adjournments
- 44Extensions of warrants
- 45Detention - conditions
- Part 7: Emergency power when Parliament dissolved etc. for temporary extension of maximum period for detention under section 27
- 46Paragraph 46
- Schedule 6A: DESIGNATED BODIES
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- Schedule 7: Prevention and investigation measures
- Part 1: Measures
- 1Residence measure
- 2Travel measure
- 3Exclusion measure
- 4Movement directions measure
- 5Financial services measure
- 6Property measure
- 7Weapons and explosives measure
- 8Electronic communication device measure
- 9Association measure
- 10Work or studies measure
- 11Reporting measure
- 12Polygraph measure
- 13Appointments measure
- 14Photography measure
- 15Monitoring measure
- 16Provision of residence information measure
- Part 2: Permission and notices
- 17Permission
- 18Notices
- 19Power of Secretary of State to vary or revoke notices
- Schedule 8: Urgent cases: reference to the court etc
- 1Application
- 2Statement of urgency
- 3Reference to court
- 4Decision by court
- 5Procedures on reference
- 6Interpretation
- Schedule 9: Appeals against convictions
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Schedule 10: Proceedings relating to prevention and investigation measures
- 1Introductory
- 2Rules of court: general provision
- 3Rules of court: disclosure
- 4Rules of court: disclosure
- 5Article 6 rights
- 6Rules of court: anonymity
- 7Initial exercise of rule-making powers by Lord Chancellor
- 8Use of advisers
- 9Use of advisers
- 10Appointment of special advocate
- Schedule 11: Powers of entry, search, seizure and retention
- 1Introductory
- 2Introductory
- 3Introductory
- 4Introductory
- 5Entry and search for purposes of serving a Part 2 notice
- 6Search of individual or premises at time of serving a Part 2 notice
- 7Search of premises on suspicion of absconding
- 8Search for compliance purposes
- 9Search for compliance purposes
- 10Search of individual for public safety purposes
- 11Power to retain items
- 12Power to retain items
- Schedule 12: Fingerprints and samples
- 1Taking of fingerprints and samples: England, Wales and Northern Ireland
- 2Taking of fingerprints and samples: England, Wales and Northern Ireland
- 3Taking of fingerprints and samples: England, Wales and Northern Ireland
- 4Taking of relevant physical data and samples: Scotland
- 5Checking of fingerprints, samples etc
- 6Requirement to destroy material
- 7Requirement to destroy material
- 8Retention of paragraph 6 material
- 9Retention of paragraph 6 material
- 10Retention of paragraph 6 material
- 11Retention of paragraph 6 material
- 12Retention of paragraph 6 material
- 13Requirement to destroy samples
- 14Use of retained material
- 15Interpretation
- Schedule 13: Control of a person by a foreign power
- Part 1: Conditions for control
- 1Paragraph 1
- 2Paragraph 2
- Part 2: Interpretation of Part 1
- 3Interpretation
- 4Joint interests
- 5Joint arrangements
- 6Calculating shareholdings
- 7Voting rights
- 8Voting rights
- 9Shares or rights held “indirectly”
- 10Shares held by nominees
- 11Rights treated as held by person who controls their exercise
- 12Rights treated as held by person who controls their exercise
- 13Rights exercisable only in certain circumstances etc
- 14Rights attached to shares held by way of security
- Part 3: Power to amend thresholds etc
- 15Paragraph 15
- Schedule 14: Public officials
- 1Ministers
- 2Ministers
- 3Ministers
- 4Ministers
- 5MPs etc
- 6MPs etc
- 7MPs etc
- 8MPs etc
- 9MPs etc
- 10Local government
- 11Local government
- 12Political parties
- 13Political parties
- 14Election candidates
- 15Election candidates
- 16Civil servants
- 17Military personnel
- 18Police
- 19Police
- 20Police
- 21Police
- 22Police
- 23Police
- 24Police
- 25Police
- 26Police
- 27Persons exercising public functions
- Schedule 15: Exemptions
- 1UK arrangements
- 2Foreign powers
- 3Diplomatic missions etc
- 4Recognised news publishers
- 5Recognised news publishers
- 6Legal activities
- 7Employees etc
- 8Power to provide for further exemptions
- Schedule 16: Damages at risk of being used for the purposes of terrorism Not yet in force
- 1Freezing orders Not yet in force
- 2Extension of freezing order Not yet in force
- 3Forfeiture Not yet in force
- 4Interpretation Not yet in force
- 5Interpretation Not yet in force
- Schedule 17: Amendments of Terrorism Act 2000
- 1Paragraph 1
- 2Paragraph 2
- Schedule 18: Minor and consequential amendments
- 1Official Secrets Act 1911 (c. 28)
- 2Official Secrets Act 1920 (c. 75)
- 3Official Secrets Act 1939 (c. 121)
- 4Police and Criminal Evidence Act 1984 (c. 60)
- 5Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))
- 6Official Secrets Act 1989 (c. 6)
- 7Criminal Procedure (Scotland) Act 1995 (c. 46)
- 8Protection of Freedoms Act 2012 (c. 9)
- 9Modern Slavery Act 2015 (c. 30)
- 10Investigatory Powers Act 2016 (c. 25)
- 11Counter-Terrorism and Border Security Act 2019 (c. 3)