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National Security Act 2023

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. Part 1 Espionage, sabotage and persons acting for foreign powers

    1. Espionage etc

      1. 1.Obtaining or disclosing protected information

      2. 2.Obtaining or disclosing trade secrets

      3. 3.Assisting a foreign intelligence service

    2. Entering and inspecting places used for defence etc

      1. 4.Entering etc a prohibited place for a purpose prejudicial to the UK

      2. 5.Unauthorised entry etc to a prohibited place

      3. 6.Powers of police officers in relation to a prohibited place

      4. 7.Meaning of “prohibited place”

      5. 8.Power to designate additional sites as prohibited places

      6. 9.Power to designate a cordoned area to secure defence aircraft

      7. 10.Duration of cordon

      8. 11.Powers of police in relation to a cordoned area

    3. Sabotage

      1. 12.Sabotage

    4. Foreign interference

      1. 13.Foreign interference: general

      2. 14.Foreign interference: meaning of “interference effect”

      3. 15.Foreign interference: meaning of “prohibited conduct”

      4. 16.Foreign interference in elections

    5. Obtaining benefits from a foreign intelligence service

      1. 17.Obtaining etc material benefits from a foreign intelligence service

    6. Preparatory conduct

      1. 18.Preparatory conduct

    7. Acting for foreign power as aggravating factor in sentencing

      1. 19.Aggravating factor where foreign power condition met: England and Wales

      2. 20.Aggravating factor where foreign power condition met: Northern Ireland

      3. 21.Aggravating factor where foreign power condition met: Scotland

      4. 22.Aggravating factor where foreign power condition met: armed forces

    8. Powers of investigation etc

      1. 23.Powers of search etc

      2. 24.Disclosure orders

      3. 25.Customer information orders

      4. 26.Account monitoring orders

      5. 27.Arrest without warrant

      6. 28.Use of reasonable force

      7. 29.Border security

      8. 30.Offences under Part 2 of the Serious Crime Act 2007

    9. Foreign power condition and foreign power threat activity

      1. 31.The foreign power condition

      2. 32.Meaning of “foreign power”

      3. 33.Foreign power threat activity and involvement in that activity

    10. Supplementary provision

      1. 34.Interpretation

      2. 35.Offences by bodies corporate etc

      3. 36.Offences committed outside the United Kingdom

      4. 37.Consents to prosecutions

      5. 38.Power to exclude the public from proceedings

  3. Part 2 Prevention and investigation measures

    1. Imposition of prevention and investigation measures

      1. 39.Power to impose prevention and investigation measures

      2. 40.Conditions A to E

    2. Five year limit on imposition of measures

      1. 41.Five year limit for Part 2 notices

    3. Court scrutiny of imposition of measures

      1. 42.Prior permission of the court

      2. 43.Urgent cases: reference to the court etc

      3. 44.Directions hearing

      4. 45.Review hearing

    4. Consultation requirements

      1. 46.Criminal investigations into foreign power threat activity

    5. Review of ongoing necessity

      1. 47.Review of ongoing necessity

    6. Changes concerning Part 2 notices

      1. 48.Variation of measures

      2. 49.Revocation and revival of Part 2 notices

      3. 50.Replacement of a Part 2 notice that is quashed etc

      4. 51.Other provision relating to the quashing of Part 2 notice

    7. Appeals and court proceedings

      1. 52.Appeals

      2. 53.Jurisdiction in relation to decisions under this Part

      3. 54.Proceedings relating to measures

    8. Other safeguards

      1. 55.Reports on exercise of powers under this Part

    9. Enforcement

      1. 56.Offence

      2. 57.Powers of entry etc

      3. 58.Fingerprints and samples

    10. Supplementary provisions

      1. 59.Notices

      2. 60.Contracts

      3. 61.Legal aid in relation to Part 2 notices

      4. 62.Interpretation etc

  4. Part 3 Review of the operation of Parts 1 and 2 etc

    1. 63.Reviews: general

    2. 64.Reviews of detention under Part 1

  5. Part 4 Foreign activities and foreign influence registration scheme

    1. Activities of specified persons

      1. 65.Requirement to register foreign activity arrangements

      2. 66.Meaning of “specified person”

      3. 67.Offence of carrying out etc relevant activities pursuant to unregistered foreign activity arrangement

      4. 68.Requirement to register relevant activities of specified persons

    2. Political influence activities of foreign powers

      1. 69.Requirement to register foreign influence arrangements

      2. 70.Meaning of “political influence activity”

      3. 71.Offence of carrying out etc political influence activities pursuant to unregistered foreign influence arrangement

      4. 72.Requirement to register political influence activities of foreign powers

    3. Exemptions

      1. 73.Exemptions

    4. Information

      1. 74.Registration information

      2. 75.Information notices

      3. 76.Confidential material

      4. 77.Offence of providing false information

      5. 78.Offence of carrying out activities under arrangements tainted by false information

      6. 79.Publication and disclosure of information

    5. Offences: penalties etc

      1. 80.Offences: penalties

      2. 81.Offences: supplementary provision

    6. Supplementary

      1. 82.Annual report

      2. 83.Interpretation

  6. Part 5 Terrorism

    1. Damages in national security proceedings

      1. 84.National security proceedings

      2. 85.Duty to consider reduction in damages payable by the Crown

      3. 86.Section 85: supplementary

      4. 87.Sections 84 to 86: interpretation

    2. Freezing and forfeiture of damages

      1. 88.Damages at risk of being used for the purposes of terrorism

    3. Legal aid

      1. 89.Legal aid for individuals convicted of terrorism offences

      2. 90.Legal aid for individuals convicted of terrorism offences: data sharing

      3. 91.Legal aid in relation to terrorism prevention and investigation measures

    4. Amendments of the Terrorism Act 2000

      1. 92.Amendments of the Terrorism Act 2000

  7. Part 6 Miscellaneous and general provisions

    1. Intelligence and Security Committee

      1. 93.Intelligence and Security Committee: memorandum of understanding

    2. General provisions

      1. 94.Minor and consequential amendments

      2. 95.Power to make consequential amendments

      3. 96.Regulations

      4. 97.Crown application

      5. 98.Extent in the United Kingdom

      6. 99.Extent outside the United Kingdom

      7. 100.Commencement

      8. 101.Transitional and saving provision

      9. 102.Short title

  8. Schedules

    1. Schedule 1

      Foreign interference in elections

      1. Part 1 Relevant electoral offences

      2. Part 2 Amendments

        1. 1.Electoral Law Act (Northern Ireland) 1962 (c.14 (N.I.))

        2. 2.Representation of the People Act 1983 (c. 2)

        3. 3.Political Parties, Elections and Referendums Act 2000 (c. 41)

    2. Schedule 2

      Powers of entry, search and seizure

      1. Part 1 England and Wales and Northern Ireland

        1. 1.Introductory

        2. 2.Material other than confidential material: search, seizure and retention

        3. 3.Confidential material: production orders

        4. 4.(1) A constable may apply to a judge for an...

        5. 5.Production orders: supplementary provision

        6. 6.(1) An order under paragraph 3 or 4—

        7. 7.(1) An order under paragraph 3 or 4 may be...

        8. 8.An order under paragraph 3 or 4 has effect as...

        9. 9.Confidential material: search, seizure and retention

        10. 10.Explanations

        11. 11.(1) A person commits an offence if, in purported compliance...

        12. 12.Urgent cases

        13. 13.(1) This paragraph applies where confidential journalistic material is seized...

        14. 14.(1) If a police officer of at least the rank...

        15. 15.Application of PACE

        16. 16.Procedure rules

        17. 17.Interpretation

      2. Part 2 Scotland

        1. 18.Introductory

        2. 19.Production orders

        3. 20.(1) The procurator fiscal may apply to a sheriff for...

        4. 21.Production orders: supplementary

        5. 22.(1) An order under paragraph 19 or 20 has effect...

        6. 23.(1) An order under paragraph 19 or 20 may be...

        7. 24.(1) Without prejudice to section 305 of the Criminal Procedure...

        8. 25.Search, seizure and retention

        9. 26.Explanations

        10. 27.Urgent cases

        11. 28.(1) This paragraph applies where confidential journalistic material is seized...

        12. 29.(1) If a police officer of at least the rank...

        13. 30.Supplementary

    3. Schedule 3

      Disclosure orders

      1. Part 1 England and Wales and Northern Ireland

        1. 1.Introductory

        2. 2.Disclosure orders

        3. 3.Supplementary provision

        4. 4.Applications

        5. 5.Discharge or variation

        6. 6.Rules of court

        7. 7.Offences

        8. 8.Statements

        9. 9.Interpretation

      2. Part 2 Scotland

        1. 10.Introductory

        2. 11.Disclosure orders

        3. 12.Supplementary provision

        4. 13.Applications

        5. 14.Discharge or variation

        6. 15.Rules of court

        7. 16.Offences

        8. 17.Statements

        9. 18.Interpretation

    4. Schedule 4

      Customer information orders

      1. 1.Customer information orders

      2. 2.Supplementary provision

      3. 3.Applications

      4. 4.Discharge or variation

      5. 5.Rules of court

      6. 6.Offences

      7. 7.Statements

      8. 8.Interpretation

    5. Schedule 5

      Account monitoring orders

      1. 1.Account monitoring orders

      2. 2.Applications

      3. 3.Discharge or variation

      4. 4.Rules of court

      5. 5.Effect of orders

      6. 6.Statements

      7. 7.Interpretation

    6. Schedule 6

      Detention under section 27

      1. Part 1 Treatment of persons detained under section 27

        1. 1.Place of detention

        2. 2.Identification

        3. 3.Video recording of interviews

        4. 4.(1) Before issuing a code of practice under paragraph 3,...

        5. 5.Status

      2. Part 2 Rights of persons detained under section 27: England, Wales and Northern Ireland

        1. 6.Right to have named person informed of detention

        2. 7.Right to consult a solicitor

        3. 8.(1) Where a person exercises the right under paragraph 7...

        4. 9.Delay in exercise of rights

        5. 10.Taking of intimate and non-intimate samples

        6. 11.(1) Before fingerprints or a sample are taken from a...

        7. 12.(1) This paragraph applies where— (a) two or more non-intimate...

        8. 13.(1) Where appropriate written consent to the taking of an...

        9. 14.(1) In the application of paragraphs 10 to 13 in...

      3. Part 3 Rights of persons detained under section 27: Scotland

        1. 15.(1) A person detained under section 27 at a place...

        2. 16.(1) Where a person exercises the right under paragraph 15(6)...

        3. 17.(1) Paragraphs 15 and 16 have effect, in relation to...

        4. 18.(1) Subject to the modifications specified in sub-paragraphs (2) and...

      4. Part 4 Dealing with fingerprints and samples etc: United Kingdom

        1. 19.Retention of fingerprints and samples etc: general

        2. 20.(1) This paragraph applies to paragraph 19 material relating to...

        3. 21.(1) For the purposes of paragraph 20, a person is...

        4. 22.Retention of material covered by a national security determination

        5. 23.Fingerprints and relevant physical data: further provision

        6. 24.(1) If fingerprints or relevant physical data are required by...

        7. 25.Samples: further provision

        8. 26.Restrictions on use of retained material

        9. 27.Material disclosable in connection with a criminal investigation

        10. 28.Interpretation

      5. Part 5 Review of detention under section 27

        1. 29.Requirement

        2. 30.Postponement

        3. 31.Grounds for continued detention

        4. 32.Review officer

        5. 33.(1) This paragraph applies where— (a) the review officer is...

        6. 34.Representations

        7. 35.Rights

        8. 36.Record

      6. Part 6 Extension of detention under section 27

        1. 37.Warrants of further detention

        2. 38.Time limit

        3. 39.Notice

        4. 40.Grounds for extension

        5. 41.Representation

        6. 42.Information

        7. 43.Adjournments

        8. 44.Extensions of warrants

        9. 45.Detention - conditions

      7. Part 7 Emergency power when Parliament dissolved etc. for temporary extension of maximum period for detention under section 27

        1. 46.(1) The Secretary of State may make temporary extension regulations...

    7. Schedule 7

      Prevention and investigation measures

      1. Part 1 Measures

        1. 1.Residence measure

        2. 2.Travel measure

        3. 3.Exclusion measure

        4. 4.Movement directions measure

        5. 5.Financial services measure

        6. 6.Property measure

        7. 7.Weapons and explosives measure

        8. 8.Electronic communication device measure

        9. 9.Association measure

        10. 10.Work or studies measure

        11. 11.Reporting measure

        12. 12.Polygraph measure

        13. 13.Appointments measure

        14. 14.Photography measure

        15. 15.Monitoring measure

        16. 16.Provision of residence information measure

      2. Part 2 Permission and notices

        1. 17.Permission

        2. 18.Notices

        3. 19.Power of Secretary of State to vary or revoke notices

    8. Schedule 8

      Urgent cases: reference to the court etc

      1. 1.Application

      2. 2.Statement of urgency

      3. 3.Reference to court

      4. 4.Decision by court

      5. 5.Procedures on reference

      6. 6.Interpretation

    9. Schedule 9

      Appeals against convictions

      1. 1.An individual who has been convicted of an offence under...

      2. 2.An appeal under this Schedule is to be made—

      3. 3.(1) The right of appeal under this Schedule does not...

      4. 4.(1) On an appeal under this Schedule to any court,...

    10. Schedule 10

      Proceedings relating to prevention and investigation measures

      1. 1.Introductory

      2. 2.Rules of court: general provision

      3. 3.Rules of court: disclosure

      4. 4.(1) Rules of court relating to relevant proceedings or appeal...

      5. 5.Article 6 rights

      6. 6.Rules of court: anonymity

      7. 7.Initial exercise of rule-making powers by Lord Chancellor

      8. 8.Use of advisers

      9. 9.(1) The Lord President of the Court of Session may...

      10. 10.Appointment of special advocate

    11. Schedule 11

      Powers of entry, search, seizure and retention

      1. 1.Introductory

      2. 2.A power conferred on a constable by virtue of this...

      3. 3.A constable may detain an individual for the purpose of...

      4. 4.A constable may use reasonable force, if necessary, for the...

      5. 5.Entry and search for purposes of serving a Part 2 notice

      6. 6.Search of individual or premises at time of serving a Part 2 notice

      7. 7.Search of premises on suspicion of absconding

      8. 8.Search for compliance purposes

      9. 9.(1) This paragraph applies in relation to a warrant issued...

      10. 10.Search of individual for public safety purposes

      11. 11.Power to retain items

      12. 12.(1) This paragraph applies if— (a) a device is surrendered...

    12. Schedule 12

      Fingerprints and samples

      1. 1.Taking of fingerprints and samples: England, Wales and Northern Ireland

      2. 2.(1) A constable may exercise the power under paragraph 1...

      3. 3.(1) A constable may— (a) require an individual to attend...

      4. 4.Taking of relevant physical data and samples: Scotland

      5. 5.Checking of fingerprints, samples etc

      6. 6.Requirement to destroy material

      7. 7.(1) If fingerprints or relevant physical data are required by...

      8. 8.Retention of paragraph 6 material

      9. 9.(1) This paragraph applies to paragraph 6 material taken from,...

      10. 10.(1) For the purposes of paragraphs 8 and 9 an...

      11. 11.(1) Paragraph 6 material may be retained for as long...

      12. 12.(1) This paragraph applies where paragraph 6 material is or...

      13. 13.Requirement to destroy samples

      14. 14.Use of retained material

      15. 15.Interpretation

    13. Schedule 13

      Control of a person by a foreign power

      1. Part 1 Conditions for control

        1. 1.(1) A person is controlled by a foreign power if...

        2. 2.In this Schedule “officer”— (a) in relation to a body...

      2. Part 2 Interpretation of Part 1

        1. 3.Interpretation

        2. 4.Joint interests

        3. 5.Joint arrangements

        4. 6.Calculating shareholdings

        5. 7.Voting rights

        6. 8.In applying this Schedule, the voting rights in a person...

        7. 9.Shares or rights held “indirectly”

        8. 10.Shares held by nominees

        9. 11.Rights treated as held by person who controls their exercise

        10. 12.(1) For the purposes of this Schedule, “arrangement” includes—

        11. 13.Rights exercisable only in certain circumstances etc

        12. 14.Rights attached to shares held by way of security

      3. Part 3 Power to amend thresholds etc

        1. 15.(1) The Secretary of State may by regulations amend this...

    14. Schedule 14

      Public officials

      1. 1.Ministers

      2. 2.A Northern Ireland Minister, the First Minister in Northern Ireland,...

      3. 3.The First Minister for Scotland, a Minister appointed under section...

      4. 4.The First Minister for Wales, a Welsh Minister appointed under...

      5. 5.MPs etc

      6. 6.A member of the Northern Ireland Assembly.

      7. 7.A member of the Scottish Parliament.

      8. 8.A member of Senedd Cymru.

      9. 9.An employee or other member of staff of a person...

      10. 10.Local government

      11. 11.A mayor for the area of a combined authority established...

      12. 12.Political parties

      13. 13.A member of such a political party who exercises executive...

      14. 14.Election candidates

      15. 15.A candidate at an election for a relevant Scottish elective...

      16. 16.Civil servants

      17. 17.Military personnel

      18. 18.Police

      19. 19.A police and crime commissioner.

      20. 20.A person of one of the following ranks of the...

      21. 21.The Commissioner of Police for the City of London or...

      22. 22.The chief constable or deputy chief constable of the Police...

      23. 23.The chief constable or a deputy chief constable of the...

      24. 24.The chief constable or a deputy chief constable of the...

      25. 25.The chief constable or deputy chief constable of the British...

      26. 26.The chief constable or deputy chief constable of the Civil...

      27. 27.Persons exercising public functions

    15. Schedule 15

      Exemptions

      1. 1.UK arrangements

      2. 2.Foreign powers

      3. 3.Diplomatic missions etc

      4. 4.Recognised news publishers

      5. 5.(1) In paragraph 4, “recognised news publisher” means any of...

      6. 6.Legal activities

      7. 7.Employees etc

      8. 8.Power to provide for further exemptions

    16. Schedule 16

      Damages at risk of being used for the purposes of terrorism

      1. 1.Freezing orders

      2. 2.Extension of freezing order

      3. 3.Forfeiture

      4. 4.Interpretation

      5. 5.(1) In the application of this Schedule to Northern Ireland,...

    17. Schedule 17

      Amendments of Terrorism Act 2000

      1. 1.(1) Section 41 to the Terrorism Act 2000 (arrest without...

      2. 2.(1) Schedule 5 to the Terrorism Act 2000 (terrorist investigations)...

    18. Schedule 18

      Minor and consequential amendments

      1. 1.Official Secrets Act 1911 (c. 28)

      2. 2.Official Secrets Act 1920 (c. 75)

      3. 3.Official Secrets Act 1939 (c. 121)

      4. 4.Police and Criminal Evidence Act 1984 (c. 60)

      5. 5.Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))

      6. 6.Official Secrets Act 1989 (c. 6)

      7. 7.Criminal Procedure (Scotland) Act 1995 (c. 46)

      8. 8.Protection of Freedoms Act 2012 (c. 9)

      9. 9.Modern Slavery Act 2015 (c. 30)

      10. 10.Investigatory Powers Act 2016 (c. 25)

      11. 11.Counter-Terrorism and Border Security Act 2019 (c. 3)

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