{
  "url": "https://openlegislation.uk/national-security-act-2023/section-31",
  "json_url": "https://openlegislation.uk/national-security-act-2023/section-31.json",
  "legislation": "ukpga/2023/32",
  "legislation_title": "National Security Act 2023",
  "legislation_url": "https://openlegislation.uk/national-security-act-2023",
  "path": "section/31",
  "kind": "section",
  "number": "31",
  "heading": "The foreign power condition",
  "text": "(1) For the purposes of this Part the foreign power condition is met in relation to a person’s conduct if—\n(a) the conduct in question, or a course of conduct of which it forms part, is carried out for or on behalf of a foreign power, and\n(b) the person knows, or having regard to other matters known to them ought reasonably to know, that to be the case.\n(2) The conduct in question, or a course of conduct of which it forms part, is in particular to be treated as carried out for or on behalf of a foreign power if—\n(a) it is instigated by a foreign power,\n(b) it is under the direction or control of a foreign power,\n(c) it is carried out with financial or other assistance provided by a foreign power for that purpose, or\n(d) it is carried out in collaboration with, or with the agreement of, a foreign power.\n(3) Subsections (1)(a) and (2) may be satisfied by a direct or indirect relationship between the conduct, or the course of conduct, and the foreign power (for example, there may be an indirect relationship through one or more companies).\n(4) A person’s conduct may form part of a course of conduct engaged in by the person alone, or by the person and one or more other persons.\n(5) The foreign power condition is also met in relation to a person’s conduct if the person intends the conduct in question to benefit a foreign power.\n(6) For the purposes of subsection (5) it is not necessary to identify a particular foreign power.\n(7) The foreign power condition may be met in relation to the conduct of a person who holds office in or under, or is an employee or other member of staff of, a foreign power, as it may be met in relation to the conduct of any other person.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "C",
      "label": "C1",
      "text": "S. 31 applied (20.12.2023) by 2020 c. 17, s. 69A (as inserted by National Security Act 2023 (c. 32), ss. 19(2), 100(1) (with s. 97); S.I. 2023/1272, reg. 2(a))"
    },
    {
      "type": "C",
      "label": "C2",
      "text": "S. 31 applied (8.7.2026) by 2020 c. 17, s. 69A(5) (as substituted by National Security (State Threats) Act 2026 (c. 24), s. 7(1), Sch. para. 13(2)(c))"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "S. 31 not in force at Royal Assent, see s. 100(1)"
    },
    {
      "type": "I",
      "label": "I2",
      "text": "S. 31 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(a)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2023/32/section/31",
    "retrieved_at": "2026-10-29T08:52:07.318384+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}