National Security Act 2023

13 Foreign interference: general

(1) A person commits an offence if—

(a) the person engages in prohibited conduct,

(b) the foreign power condition is met in relation to the prohibited conduct, and

(c) the person intends the prohibited conduct, or a course of conduct of which it forms part, to have an interference effect.

(2) A person commits an offence if—

(a) the person engages in prohibited conduct,

(b) the foreign power condition is met in relation to the prohibited conduct, and

(c) the person is reckless as to whether the prohibited conduct, or a course of conduct of which it forms part, will have an interference effect.

(3) A person (“P”) commits an offence if—

(a) P engages in a course of conduct with one or more other persons,

(b) the foreign power condition is met in relation to conduct of P which forms part of the course of conduct,

(c) P intends the course of conduct to have an interference effect,

(d) as part of the course of conduct, a person other than P engages in prohibited conduct, and

(e) P intends or believes that, as part of the course of conduct, a person other than P will engage in prohibited conduct.

(4) For the purposes of subsections (1)(c) and (2)(c) a course of conduct includes a course of conduct engaged in by the person alone, or by the person and one or more other persons.

(5) Subsections (1) and (2) apply whether the person’s conduct takes place in the United Kingdom or elsewhere.

(6) Subsection (3) applies whether P’s conduct or the prohibited conduct takes place in the United Kingdom or elsewhere.

(7) A person who commits an offence under this section is liable on conviction on indictment to imprisonment for a term not exceeding 14 years or a fine (or both).

(8) In this section—

• “interference effect” has the meaning given by section 14;

• “prohibited conduct” has the meaning given by section 15.