Cookies on Legislation.gov.uk

The cookies on legislation.gov.uk do two things: they remember any settings you've chosen so you don't have to choose them on every page, and they help us understand how people browse our website, so we can make improvements and fix problems. We need your consent to use some of these cookies.

Search Legislation

Advanced Search

National Security Act 2023

Contents

Territorial extent and application

  1. Section 99 sets out the extent of the Act in the United Kingdom, that is the jurisdiction in which the Act forms part of the law. The extent of an Act can be different from its application. Application is about where an Act produces a practical effect. In some cases, different sections of the Act or paragraphs of Schedules are used to create similar effect in different parts of the United Kingdom.
  2. The Act extends to England and Wales, Scotland, and Northern Ireland in all cases, except where an amendment or repeal made by the Act is to a provision that does not extend to the whole of the United Kingdom. In the case of such provisions, the amendment or repeal has the same extent as the provision being amended or repealed. This is relevant in the following cases:
    1. Section 19 (aggravating factor where foreign power condition met: England and Wales) amends the Sentencing Code, which extends to England and Wales.
    2. Section 22 (aggravating factor where foreign power condition met: armed forces) amends section 238 of the Armed Forces Act 2006, which extends to the United Kingdom.
    3. Section 29 (border security) amends paragraph 12 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019, which extends to the United Kingdom.
    4. Section 30 (offences under Part 2 of the Serious Crime Act 2007) amends schedule 4 to the Serious Crime Act 2007, which extends to England and Wales and Northern Ireland.
    5. Section 84 (legal aid in relation to Part 2 notices) amends provisions in the Legal Aid, Sentencing and Punishment of Offenders Act 2012, which extends to England and Wales.
    6. Sections 86, 87 and 88 amend provisions in the Legal Aid, Sentencing and Punishment of Offenders Act 2012, which extend to England and Wales.
    7. Part 2 of Schedule 1 to the Act (foreign interference in elections), makes amendments to-
      1. Section 65 of the Representation of the People Act 1983, which extends to the United Kingdom,
      2. Section 168 of the Representation of the People Act 1983, which extends to the United Kingdom,
      3. Section 176 of the Representation of the People Act 1983, which extends to the United Kingdom,
      4. Section 147 of the Political Parties, Elections and Referendums Act 2000, which extends to the United Kingdom,
      5. Section 150 of the Political Parties, Elections and Referendums Act 2000, which extends to the United Kingdom.
    8. Schedule 16 to the Act (minor and consequential amendments)-
      1. Repeals the Official Secrets Acts 1911, 1920, and 1939, which extend to the United Kingdom.
      2. Amends the Police and Criminal Evidence Act 1984, relevant provisions of which extend to England and Wales.
      3. Amends the Police and Criminal Evidence (Northern Ireland) Order 1989, which extends to Northern Ireland.
      4. Amends the Official Secrets Act 1989, relevant provisions of which extend to the United Kingdom.
      5. Amends the Criminal Procedure (Scotland) Act 1995, which extends to Scotland.
      6. Amends the Protection of Freedoms Act 2012, relevant provisions of which extend to the United Kingdom.
  3. Consequential powers at Section 95 enable the Secretary of State to make provision by regulations in consequence of the Act that amend, repeal, or revoke any enactment, including Acts of the Scottish Parliament, Measures or Acts of Senedd Cymru and Northern Ireland legislation.
  4. In respect of territorial extent and application outside the United Kingdom:
    • Section 20 extends to the Isle of Man and the British Overseas Territories, except Gibraltar,
    • The power under section 348 of the Armed Forces Act 2006 as amended by section 20 may be exercised as to make amendments that extend outside the United Kingdom in specified circumstances.
    • The power in section 15(3) of the Official Secrets Act 1989 may be exercised outside the United Kingdom in relation to any amendment or repeal made by the Act in specified circumstances.
    • The power in section 415 of the Sentencing Act 2020 may be exercised outside the United Kingdom in relation to any amendment or repeal made by the Act in specified circumstances.
  5. As provided in section 7, a "prohibited place" may be located within the Sovereign Base Areas of Akrotiri and Dhekelia (SBAs). Similarly, section 8 allows for the further designation of land and buildings situated within the SBAs as "prohibited places". The provisions that relate to prohibited places (see sections 4 to 6) only extend to the United Kingdom and an offence in relation to a prohibited place in the SBAs will only be an offence under UK law. Section 99 allows for provisions within the Act to be extended, with or without modification, to the SBAs by way of an Order in Council. The exercise of this power would result in provisions extending to the SBAs and forming part of SBA law.
  6. References to the SBAs are in accordance with the 1960 Treaty Concerning the Establishment of the Republic of Cyprus, do not affect the status of the SBAs as defined in that Treaty, and will not in any way undermine its provisions. This Act does not indicate a change in UK policy towards the governance of the SBAs.

Back to top