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The National Security Act 2023 (Commencement No. 1 and Saving Provision) Regulations 2023

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Explanatory Note

(This note is not part of the Regulations)

These Regulations are the first commencement regulations under the National Security Act 2023 (c. 32) (“the 2023 Act”).

Regulation 2 brings into force on 20th December 2023 provisions relating to espionage, sabotage and persons acting for foreign powers; prevention and investigation measures; and provisions to review the operation of those measures.

Regulation 3 makes a saving provision in connection with the coming into force of a provision of the 2023 Act which repeals the Official Secrets Act 1911 (“the 1911 Act”). Regulation 3 provides that section 9(1) of the 1911 Act (the power for a justice of the peace to issue a warrant allowing the police to enter and search premises in connection with the investigation of offences under the 1911 Act) will continue to have effect in relation to offences suspected to have been committed before 20th December 2023.

An impact assessment was produced for the 2023 Act, and is available on www.legislation.gov.uk. Hard copies of the impact assessment may be obtained by writing to the State Threats Unit, Homeland Security Group, Home Office, 2 Marsham Street SW1P 4DF.

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