Part 1

Espionage, sabotage and persons acting for foreign powers

Espionage etc

Assisting a foreign intelligence service
3
1
A person commits an offence if the person—
a
engages in conduct of any kind, and
b
intends that conduct to materially assist a foreign intelligence service in carrying out UK-related activities.
2
A person commits an offence if the person—
a
engages in conduct that is likely to materially assist a foreign intelligence service in carrying out UK-related activities, and
b
knows, or having regard to other matters known to them ought reasonably to know, that their conduct is likely to materially assist a foreign intelligence service in carrying out UK-related activities.
3
Conduct that may be likely to materially assist a foreign intelligence service includes providing, or providing access to, information, goods, services or financial benefits (whether directly or indirectly).
4
“UK-related activities” means—
a
activities taking place in the United Kingdom;
b
activities taking place outside the United Kingdom which are prejudicial to the safety or interests of the United Kingdom.
5
For the purposes of subsections (1) and (2) it is not necessary to identify a particular foreign intelligence service.
6
Subsections (1) and (2) apply to conduct outside the United Kingdom, but apply to conduct taking place wholly outside the United Kingdom only if the person engaging in the conduct—
a
is a UK person, or
b
acts for or on behalf of, or holds office under, the Crown, or is in Crown employment (whether or not they engage in the conduct in that capacity).
7
In proceedings for an offence under this section it is a defence to show that the person engaged in the conduct in question—
a
in compliance with a legal obligation under the law of the United Kingdom which is not a legal obligation under private law,
b
in the case of a person having functions of a public nature under the law of the United Kingdom, for the purposes of those functions,
c
as a lawyer carrying on a legal activity, or
d
in accordance with, or in relation to UK-related activities carried out in accordance with, an agreement or arrangement to which—
i
the United Kingdom was a party, or
ii
any person acting for or on behalf of, or holding office under, the Crown was (in that capacity) a party.
8
A person is taken to have shown a matter mentioned in subsection (7) if—
a
sufficient evidence of the matter is adduced to raise an issue with respect to it, and
b
the contrary is not proved beyond reasonable doubt.
9
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).
10
In this section—
- “Crown employment” means employment under or for the purposes of a government department or any officer or body exercising on behalf of the Crown functions conferred by an enactment;
- “financial benefit” means money or money’s worth;
- “foreign intelligence service” means any person whose functions include carrying out intelligence activities for or on behalf of a foreign power;
- the “law of the United Kingdom” includes the law of any part of the United Kingdom;
- “lawyer” has the meaning given by paragraph 6(3) of Schedule 15;
- “legal activity” has the meaning given by paragraph 6(4) of Schedule 15;
- “UK person” has the same meaning as in section 2.
S. 3 not in force at Royal Assent, see s. 100(1)
S. 3 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(a)