Regulation 5 Exemption: UK public body arrangements

(1)

Section 65(4) of the National Security Act 2023 does not apply to foreign activity arrangements that are UK public body arrangements, except to the extent that the arrangements relate to political influence activities.

(2)

Section 68(1) to (3) of the National Security Act 2023 (specified persons etc. must not carry out unregistered activities) does not apply to activities carried out in accordance with a UK public body arrangement, except to the extent that the arrangements relate to political influence activities.

(3)

In this regulation, a “UK public body arrangement” is an arrangement or agreement, other than a UK arrangement within the meaning of paragraph 1 of Schedule 15 to the National Security Act 2023 (exemptions), to which—

(a)

a UK public body is a party, or

(b)

any person acting for or on behalf of a UK public body is (in that capacity) a party.

(4)

In this regulation, a “UK public body” is, subject to paragraph (5)—

(a)

a public authority, within the meaning of section 3(1) of the Freedom of Information Act 2000^f1, other than—

(i)

a body listed in Part 2 of Schedule 1 to that Act (local government),

(ii)

a body listed in Part 4 of that Schedule (maintained schools and other educational institutions),

(iii)

a police and crime commissioner, or

(iv)

the Mayor’s Office for Policing and Crime, or

(b)

a Scottish public authority, within the meaning of section 3(1) of the Freedom of Information (Scotland) Act 2002^f2, other than—

(i)

a body listed in Part 3 of Schedule 1 to that Act (local government), or

(ii)

a body listed in Part 5 of that Schedule (educational institutions).

(5)

Where paragraph (6) applies, an arrangement or agreement is a “UK public body arrangement” only—

(a)

to the extent that the body (or a person acting on its behalf) makes the arrangement or agreement in—

(i)

the exercise of the functions referred to in paragraph (6)(a), or

(ii)

the provision of the services referred to in paragraph (6)(b), or

(b)

if it is made by—

(i)

a body acting as a tribunal, or

(ii)

the Bank of England acting in the exercise of its functions with respect to monetary policy, financial operations intended to support financial institutions for the purposes of maintaining stability, or the provision of private banking services and related services.

(6)

This paragraph applies where a body is listed in Schedule 1 to the Freedom of Information Act 2000 or Schedule 1 to the Freedom of Information (Scotland) Act 2002, or specified under section 5 of either of those Acts, in respect of information held for the purposes of, relating to, or as a result of—

(a)

the exercise of particular functions, or

(b)

the provision of particular services.

Annotations

Footnotes

f1: 2000 c. 36. Paragraphs 57 and 58 of Schedule 1 to the Freedom of Information Act 2000 were substituted by paragraph 249 of Schedule 16 to the Police Reform and Social Responsibility Act 2011 (c. 13).
f2: 2002 asp. 13.