Legalize / United Kingdom / Public General Act

National Security Act 2023

Type Public General Act

Publication 2023-07-11

State In force

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

Part 1 — Espionage, sabotage and persons acting for foreign powers

Espionage etc

Obtaining or disclosing protected information

1

(1) A person commits an offence if—

(a) the person—

(i) obtains, copies, records or retains protected information, or

(ii) discloses or provides access to protected information,

(b) the person’s conduct is for a purpose that they know, or having regard to other matters known to them ought reasonably to know, is prejudicial to the safety or interests of the United Kingdom, and

(2) In this section “protected information” means any information, document or other article where, for the purpose of protecting the safety or interests of the United Kingdom—

(a) access to the information, document or other article is restricted in any way, or

(b) it is reasonable to expect that access to the information, document or other article would be restricted in any way.

(3) Subsection (1) applies whether the person’s conduct takes place in the United Kingdom or elsewhere.

(4) A person who commits an offence under this section is liable on conviction on indictment to imprisonment for life or a fine (or both).

(5) For the purposes of this section—

(a) a person retains protected information if the person retains it in their possession or under their control;

(b) disclosure includes parting with possession.

Obtaining or disclosing trade secrets

2

(1) A person commits an offence if—

(a) the person—

(i) obtains, copies, records or retains a trade secret, or

(ii) discloses or provides access to a trade secret,

(b) the person’s conduct is unauthorised,

(c) the person knows, or having regard to other matters known to them ought reasonably to know, that their conduct is unauthorised, and

(d) the foreign power condition is met in relation to the person’s conduct (see section 31).

(2) A “trade secret” means any information, document or other article which—

(a) is not generally known by, or available to, persons with knowledge of or expertise in the field to which it relates,

(b) has actual or potential industrial, economic or commercial value which would be, or could reasonably be expected to be, adversely affected if it became generally known by, or available to, such persons, and

(c) could reasonably be expected to be subject to measures to prevent it becoming generally known by, or available to, such persons (whether or not it is actually subject to such measures).

(3) A person’s conduct is unauthorised if the person—

(a) is not entitled to determine whether they may engage in the conduct, and

(b) does not have consent to engage in the conduct from a person who is so entitled.

(4) Subsection (1) applies whether the person’s conduct takes place in the United Kingdom or elsewhere (but see subsection (5)).

(5) Conduct within subsection (1) which takes place wholly outside the United Kingdom constitutes an offence only if the trade secret is in the possession or under the control of a UK person.

(6) A “UK person” means—

(a) a United Kingdom national;

(b) an individual who lives in the United Kingdom;

(d) an unincorporated association formed under the law of a part of the United Kingdom.

(7) A “United Kingdom national” is an individual who is—

(a) a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,

(b) a person who under the British Nationality Act 1981 is a British subject, or

(8) 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).

(9) For the purposes of this section—

(a) a person retains a trade secret if they retain it in their possession or under their control;

(b) disclosure includes parting with possession.

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,

(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.

Entering and inspecting places used for defence etc

Entering etc a prohibited place for a purpose prejudicial to the UK

4

(1) A person commits an offence if—

(a) the person—

(i) accesses, enters, inspects, passes over or under, approaches or is in the vicinity of a prohibited place, or

(ii) causes an unmanned vehicle or device to access, enter, inspect, pass over or under, approach or be in the vicinity of a prohibited place, and

(b) that conduct is for a purpose that the person knows, or having regard to other matters known to them ought reasonably to know, is prejudicial to the safety or interests of the United Kingdom.

(2) In subsection (1)(a) a reference to inspecting a prohibited place includes—

(a) taking, or procuring the taking of, photographs, videos or other recordings of the prohibited place;

(b) inspecting photographs, videos or other recordings of the prohibited place.

(3) For the purposes of this section, a person engages in conduct mentioned in subsection (1)(a) if the person does so in person or by electronic or remote means.

(4) Subsection (1) applies whether the person’s conduct takes place in the United Kingdom or elsewhere.

(5) 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).

(6) In this Part “vehicle” means any form of transport.

Unauthorised entry etc to a prohibited place

5

(1) A person commits an offence if—

(a) the person—

(i) accesses, enters, inspects or passes over or under a prohibited place, or

(ii) causes an unmanned vehicle or device to access, enter, inspect or pass over or under a prohibited place,

(b) that conduct is unauthorised, and

(c) the person knows, or having regard to other matters known to them ought reasonably to know, that their conduct is unauthorised.

(2) A person’s conduct is unauthorised if the person—

(a) is not entitled to determine whether they may engage in the conduct, and

(b) does not have consent to engage in the conduct from a person so entitled.

(3) In subsection (1)(a) a reference to inspecting a prohibited place includes taking, or procuring the taking of, photographs, videos or other recordings of the prohibited place.

(4) For the purposes of this section, a person engages in conduct mentioned in subsection (1)(a) if the person does so in person or by electronic or remote means.

(5) A person who commits an offence under this section is liable—

(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding the maximum term for summary offences or a fine (or both);

(b) on summary conviction in Scotland, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both);

(c) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).

Powers of police officers in relation to a prohibited place

6

(1) A constable may order—

(a) a person not to engage, or to cease to engage, in conduct mentioned in section 4 (1)(a) (whether in person or by electronic or remote means) in relation to a prohibited place;

(b) a person who has accessed or entered a prohibited place (whether in person or by electronic or remote means) to leave it immediately;

(d) the driver or person in charge of a vehicle or device (whether in person or by electronic or remote means) in a prohibited place, or in an area adjacent to a prohibited place, to move the vehicle or device from the place or area immediately.

(2) A constable may arrange for—

(a) the removal of a vehicle or device from a prohibited place or an area adjacent to a prohibited place;

(b) the movement of a vehicle or device within a prohibited place or an area adjacent to a prohibited place.

(3) A constable may not exercise a power under subsection (1) or (2) unless the constable reasonably believes that exercising the power is necessary to protect the safety or interests of the United Kingdom.

(4) A person commits an offence if the person fails to comply with an order imposed under subsection (1).

(5) A person who commits an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale (or both).

Meaning of “prohibited place”

7

(1) In this Part “prohibited place” means—

(a) Crown land in the United Kingdom or the Sovereign Base Areas of Akrotiri and Dhekelia which is used—

(i) for UK defence purposes;

(ii) for extracting any metals, oil or minerals for use for UK defence purposes;

(iii) for the purposes of the defence of a foreign country or territory;

(b) a vehicle—

(i) situated in the United Kingdom or the Sovereign Base Areas of Akrotiri and Dhekelia which is used for UK defence purposes or for the purposes of the defence of a foreign country or territory;

(ii) not so situated which is used for UK defence purposes;

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