National Security Act 2023
National Security Act 2023 (2023 c. 32)
- National Security Act 2023 (2023 c. 32)
- Part 1 Espionage, sabotage and persons acting for foreign powers
- Espionage etc
- 1 Obtaining or disclosing protected information
- 2 Obtaining or disclosing trade secrets
- 3 Assisting a foreign intelligence service
- Entering and inspecting places used for defence etc
- 4 Entering etc a prohibited place for a purpose prejudicial to the UK
- 5 Unauthorised entry etc to a prohibited place
- 6 Powers of police officers in relation to a prohibited place
- 7 Meaning of “prohibited place”
- 8 Power to designate additional sites as prohibited places
- 9 Power to designate a cordoned area to secure defence aircraft
- 10 Duration of cordon
- 11 Powers of police in relation to a cordoned area
- Sabotage
- 12 Sabotage
- Foreign interference
- 13 Foreign interference: general
- 14 Foreign interference: meaning of “interference effect”
- 15 Foreign interference: meaning of “prohibited conduct”
- 16 Foreign interference in elections
- Obtaining benefits from a foreign intelligence service
- 17 Obtaining etc material benefits from a foreign intelligence service
- Offences relating to designated bodies
- 17A Supporting a designated body
- 17B Assisting a designated body
- 17C Obtaining etc material benefits from a designated body
- Preparatory conduct
- 18 Preparatory conduct
- Acting for foreign power or designated body as aggravating factor in sentencing
- 19 Aggravating factor where foreign power condition met: England and Wales
- 20 Aggravating factor where foreign power or designated body condition met: Northern Ireland
- 21 Aggravating factor where foreign power or designated body condition met: Scotland
- 22 Aggravating factor where foreign power condition met: armed forces
- Powers of investigation etc
- 23 Powers of search etc
- 24 Disclosure orders
- 25 Customer information orders
- 26 Account monitoring orders
- 27 Arrest without warrant
- 28 Use of reasonable force
- 29 Border security
- 30 Offences under Part 2 of the Serious Crime Act 2007
- Foreign power condition and foreign power threat activity
- 31 The foreign power condition
- 32 Meaning of “foreign power”
- 33 Foreign power threat activity and involvement in that activity
- Designation of bodies involved in foreign power threat activity
- 33A Power to designate bodies involved in foreign power threat activity
- 33B The designated body condition
- Removal of designation
- 33C Removal of designation: application
- 33D Removal of designation: appeal
- 33E Further appeal
- 33F Appeal: effect on conviction etc.
- 33G Proceedings under the Human Rights Act 1998
- 33H Immunity
- Supplementary provision
- 34 Interpretation
- 35 Offences by bodies corporate etc
- 36 Offences committed outside the United Kingdom
- 37 Consents to prosecutions
- 38 Power to exclude the public from proceedings
- Part 2 Prevention and investigation measures
- Imposition of prevention and investigation measures
- 39 Power to impose prevention and investigation measures
- 40 Conditions A to E
- Five year limit on imposition of measures
- 41 Five year limit for Part 2 notices
- Court scrutiny of imposition of measures
- 42 Prior permission of the court
- 43 Urgent cases: reference to the court etc
- 44 Directions hearing
- 45 Review hearing
- Consultation requirements
- 46 Criminal investigations into foreign power threat activity
- Review of ongoing necessity
- 47 Review of ongoing necessity
- Changes concerning Part 2 notices
- 48 Variation of measures
- 49 Revocation and revival of Part 2 notices
- 50 Replacement of a Part 2 notice that is quashed etc
- 51 Other provision relating to the quashing of Part 2 notice
- Appeals and court proceedings
- 52 Appeals
- 53 Jurisdiction in relation to decisions under this Part
- 54 Proceedings relating to measures
- Other safeguards
- 55 Reports on exercise of powers under this Part
- Enforcement
- 56 Offence
- 57 Powers of entry etc
- 58 Fingerprints and samples
- Supplementary provisions
- 59 Notices
- 60 Contracts
- 61 Legal aid in relation to Part 2 notices
- 62 Interpretation etc
- Part 3 Review of the operation of Parts 1 and 2 etc
- 63 Reviews: general
- 64 Reviews of detention under Part 1
- Part 4 Foreign activities and foreign influence registration scheme
- Activities of specified persons
- 65 Requirement to register foreign activity arrangements
- 66 Meaning of “specified person”
- 67 Offence of carrying out etc relevant activities pursuant to unregistered foreign activity arrangement
- 68 Requirement to register relevant activities of specified persons
- Political influence activities of foreign powers
- 69 Requirement to register foreign influence arrangements
- 70 Meaning of “political influence activity”
- 71 Offence of carrying out etc political influence activities pursuant to unregistered foreign influence arrangement
- 72 Requirement to register political influence activities of foreign powers
- Exemptions
- 73 Exemptions
- Information
- 74 Registration information
- 75 Information notices
- 76 Confidential material
- 77 Offence of providing false information
- 78 Offence of carrying out activities under arrangements tainted by false information
- 79 Publication and disclosure of information
- Offences: penalties etc
- 80 Offences: penalties
- 81 Offences: supplementary provision
- Supplementary
- 82 Annual report
- 83 Interpretation
- Part 5 Terrorism
- Damages in national security proceedings
- 84 National security proceedings
- 85 Duty to consider reduction in damages payable by the Crown
- 86 Section 85: supplementary
- 87 Sections 84 to 86: interpretation
- Freezing and forfeiture of damages
- 88 Damages at risk of being used for the purposes of terrorism
- Legal aid
- 89 Legal aid for individuals convicted of terrorism offences
- 90 Legal aid for individuals convicted of terrorism offences: data sharing
- 91 Legal aid in relation to terrorism prevention and investigation measures
- Amendments of the Terrorism Act 2000
- 92 Amendments of the Terrorism Act 2000
- Part 6 Miscellaneous and general provisions
- Intelligence and Security Committee
- 93 Intelligence and Security Committee: memorandum of understanding
- General provisions
- 94 Minor and consequential amendments
- 95 Power to make consequential amendments
- 96 Regulations
- 97 Crown application
- 98 Extent in the United Kingdom
- 99 Extent outside the United Kingdom
- 100 Commencement
- 101 Transitional and saving provision
- 102 Short title
- Schedules
- Schedule 1 Foreign interference in elections
- Part 1 Relevant electoral offences
- Part 2 Amendments
- Electoral Law Act (Northern Ireland) 1962 (c.14 (N.I.))
- Representation of the People Act 1983 (c. 2)
- Political Parties, Elections and Referendums Act 2000 (c. 41)
- Schedule 2 Powers of entry, search and seizure
- Part 1 England and Wales and Northern Ireland
- Introductory
- Material other than confidential material: search, seizure and retention
- Confidential material: production orders
- Production orders: supplementary provision
- Confidential material: search, seizure and retention
- Explanations
- Urgent cases
- Application of PACE
- Procedure rules
- Interpretation
- Part 2 Scotland
- Introductory
- Production orders
- Production orders: supplementary
- Search, seizure and retention
- Explanations
- Urgent cases
- Supplementary
- Schedule 3 Disclosure orders
- Part 1 England and Wales and Northern Ireland
- Introductory
- Disclosure orders
- Supplementary provision
- Applications
- Discharge or variation
- Rules of court
- Offences
- Statements
- Interpretation
- Part 2 Scotland
- Introductory
- Disclosure orders
- Supplementary provision
- Applications
- Discharge or variation
- Rules of court
- Offences
- Statements
- Interpretation
- Schedule 4 Customer information orders
- Customer information orders
- Supplementary provision
- Applications
- Discharge or variation
- Rules of court
- Offences
- Statements
- Interpretation
- Schedule 5 Account monitoring orders
- Account monitoring orders
- Applications
- Discharge or variation
- Rules of court
- Effect of orders
- Statements
- Interpretation
- Schedule 6 Detention under section 27
- Part 1 Treatment of persons detained under section 27
- Place of detention
- Identification
- Video recording of interviews
- Status
- Part 2 Rights of persons detained under section 27: England, Wales and Northern Ireland
- Right to have named person informed of detention
- Right to consult a solicitor
- Delay in exercise of rights
- Taking of intimate and non-intimate samples
- Part 3 Rights of persons detained under section 27: Scotland
- Part 4 Dealing with fingerprints and samples etc: United Kingdom
- Retention of fingerprints and samples etc: general
- Retention of material covered by a national security determination
- Fingerprints and relevant physical data: further provision
- Samples: further provision
- Restrictions on use of retained material
- Material disclosable in connection with a criminal investigation
- Interpretation
- Part 5 Review of detention under section 27
- Requirement
- Postponement
- Grounds for continued detention
- Review officer
- Representations
- Rights
- Record
- Part 6 Extension of detention under section 27
- Warrants of further detention
- Time limit
- Notice
- Grounds for extension
- Representation
- Information
- Adjournments
- Extensions of warrants
- Detention - conditions
- Part 7 Emergency power when Parliament dissolved etc. for temporary extension of maximum period for detention under section 27
- Schedule 6A DESIGNATED BODIES
- Schedule 7 Prevention and investigation measures
- Part 1 Measures
- Residence measure
- Travel measure
- Exclusion measure
- Movement directions measure
- Financial services measure
- Property measure
- Weapons and explosives measure
- Electronic communication device measure
- Association measure
- Work or studies measure
- Reporting measure
- Polygraph measure
- Appointments measure
- Photography measure
- Monitoring measure
- Provision of residence information measure
- Part 2 Permission and notices
- Permission
- Notices
- Power of Secretary of State to vary or revoke notices
- Schedule 8 Urgent cases: reference to the court etc
- Application
- Statement of urgency
- Reference to court
- Decision by court
- Procedures on reference
- Interpretation
- Schedule 9 Appeals against convictions
- Schedule 10 Proceedings relating to prevention and investigation measures
- Introductory
- Rules of court: general provision
- Rules of court: disclosure
- Article 6 rights
- Rules of court: anonymity
- Initial exercise of rule-making powers by Lord Chancellor
- Use of advisers
- Appointment of special advocate
- Schedule 11 Powers of entry, search, seizure and retention
- Introductory
- Entry and search for purposes of serving a Part 2 notice
- Search of individual or premises at time of serving a Part 2 notice
- Search of premises on suspicion of absconding
- Search for compliance purposes
- Search of individual for public safety purposes
- Power to retain items
- Schedule 12 Fingerprints and samples
- Taking of fingerprints and samples: England, Wales and Northern Ireland
- Taking of relevant physical data and samples: Scotland
- Checking of fingerprints, samples etc
- Requirement to destroy material
- Retention of paragraph 6 material
- Requirement to destroy samples
- Use of retained material
- Interpretation
- Schedule 13 Control of a person by a foreign power
- Part 1 Conditions for control
- Part 2 Interpretation of Part 1
- Interpretation
- Joint interests
- Joint arrangements
- Calculating shareholdings
- Voting rights
- Shares or rights held “indirectly”
- Shares held by nominees
- Rights treated as held by person who controls their exercise
- Rights exercisable only in certain circumstances etc
- Rights attached to shares held by way of security
- Part 3 Power to amend thresholds etc
- Schedule 14 Public officials
- Ministers
- MPs etc
- Local government
- Political parties
- Election candidates
- Civil servants
- Military personnel
- Police
- Persons exercising public functions
- Schedule 15 Exemptions
- UK arrangements
- Foreign powers
- Diplomatic missions etc
- Recognised news publishers
- Legal activities
- Employees etc
- Power to provide for further exemptions
- Schedule 16 Damages at risk of being used for the purposes of terrorism
- Freezing orders
- Extension of freezing order
- Forfeiture
- Interpretation
- Schedule 17 Amendments of Terrorism Act 2000
- Schedule 18 Minor and consequential amendments
- Official Secrets Act 1911 (c. 28)
- Official Secrets Act 1920 (c. 75)
- Official Secrets Act 1939 (c. 121)
- Police and Criminal Evidence Act 1984 (c. 60)
- Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))
- Official Secrets Act 1989 (c. 6)
- Criminal Procedure (Scotland) Act 1995 (c. 46)
- Protection of Freedoms Act 2012 (c. 9)
- Modern Slavery Act 2015 (c. 30)
- Investigatory Powers Act 2016 (c. 25)
- Counter-Terrorism and Border Security Act 2019 (c. 3)
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