# National Security Act 2023, Paragraph 7: Employees etc

Extent: E+W+S+N.I.

(1) Where an exemption is conferred on a person (“P”) by this Schedule, the following are also exempt (subject to sub-paragraph (2))—
(a) a person who holds office in or under, or is an employee or other member of staff of, P (acting in that capacity), or
(b) a person the Secretary of State reasonably considers to be exercising functions on behalf of P as if the person were within paragraph (a).
(2) Where P is a foreign power, the exemption does not apply to persons within sub-paragraph (1)(a) if or to the extent that the person makes a misrepresentation about their activities or the capacity in which they act (whether generally or to a particular person).
(3) A misrepresentation is a representation that a reasonable person would consider to be false or misleading in a material way.
(4) 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.
(5) 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.

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Source: https://www.legislation.gov.uk/ukpga/2023/32/schedule/15/paragraph/7 (the official version)
Page: https://openlegislation.uk/national-security-act-2023/schedule-15/paragraph-7
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.