National Security Act 2023

• (2) Where the foreign power is a specified person, the arrangement is not a foreign influence arrangement to the extent that it relates to political influence activities that are relevant activities for the purposes of section 65.

• (3) Where P makes a foreign influence arrangement, P must register the arrangement with the Secretary of State before the end of the period of 28 days beginning with the day on which P makes the arrangement.

• (4) Subsection (3) applies in relation to a foreign influence arrangement which is made before, and which continues to have effect on, the day on which this section comes into force as if, for the words from “28” to the end, there were substituted “3 months beginning with the day on which this section comes into force.”

• (5) P commits an offence if P—

• (a) fails to comply with subsection (3), and

• (b) knows that the arrangement in question is a foreign influence arrangement.

Meaning of “political influence activity”

70

• (1) An activity is a “political influence activity” if—

• (a) it is within subsection (2), and

• (b) the purpose, or one of the purposes, for which it is carried out is the purpose of influencing a matter or person within subsection (3).

• (2) The activities within this subsection are—

• (a) making any communication to a person listed in Schedule 14;

• (b) making a public communication, except where it is reasonably clear from the communication that it is made by or at the direction of the foreign power;

• (c) distributing money, goods or services to UK persons.

• (3) The matters and persons within this subsection are—

• (a) an election or referendum in the United Kingdom,

• (b) a decision of—

• (i) a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975) or a United Kingdom government department,

• (ii) a Northern Ireland Minister, the First Minister in Northern Ireland, the deputy First Minister in Northern Ireland, a person appointed as a junior Minister under section 19 of the Northern Ireland Act 1998, a Northern Ireland department or the Executive Committee of the Northern Ireland Assembly,

• (iii) the Scottish Ministers or the First Minister for Scotland, or

• (iv) the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Government,

• (c) the proceedings of a UK registered political party, or

• (d) a Member of either House of Parliament, the Northern Ireland Assembly, the Scottish Parliament or Senedd Cymru (acting in that capacity).

• (4) For the purposes of subsection (2)(b) a person makes a public communication if the person—

• (a) publishes or disseminates information, a document or other article, or

• (b) produces information, a document or other article for publication or dissemination.

• (5) In this section—

• “UK person” has the same meaning as in section 2;

• “UK registered political party” means a political party registered under Part 2 of the Political Parties, Elections and Referendums Act 2000.

Offence of carrying out etc political influence activities pursuant to unregistered foreign influence arrangement

71

• (1) This section applies where a person (“P”) makes a foreign influence arrangement required to be registered under section 69(3).

• (2) P commits an offence if—

• (a) after the end of the registration period P carries out a political influence activity, or arranges for a political influence activity to be carried out, in the United Kingdom pursuant to the arrangement,

• (b) the arrangement is not registered, and

• (c) P knows, or having regard to other matters known to them ought reasonably to know, that they are acting pursuant to a foreign influence arrangement.

• (3) A person other than P commits an offence if—

• (a) after the end of the registration period the person carries out a political influence activity, or arranges for a political influence activity to be carried out, in the United Kingdom pursuant to the arrangement,

• (b) the arrangement is not registered, and

• (c) the person knows, or having regard to other matters known to them ought reasonably to know, that they are acting pursuant to a foreign influence arrangement.

• (4) In this section the “registration period” means the period before the end of which P must register the arrangement (see section 69(3) and (4)).

• (5) In proceedings for an offence under subsection (3) it is a defence to show that the person—

• (a) took all steps reasonably practicable to determine whether the arrangement was registered, and

• (b) reasonably believed that the arrangement was registered.

• (6) A person is taken to have shown a matter mentioned in subsection (5) 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.

Requirement to register political influence activities of foreign powers

72

• (1) A person who holds office in or under, or is an employee or other member of staff of, a foreign power must not carry out political influence activities in the United Kingdom in that capacity if or to the extent that—

• (a) the person makes a misrepresentation about their activities or the capacity in which they act (whether generally or to a particular person), and

• (b) the activities are not registered with the Secretary of State by the foreign power.

• (2) Where the foreign power is a specified person, the prohibition in subsection (1) does not apply to the extent that the political influence activities are relevant activities for the purposes of section 68.

• (3) A misrepresentation is a representation that a reasonable person would consider to be false or misleading in a material way.

• (4) A misrepresentation may be made by making a statement or by any other kind of conduct (including an omission), and may be express or implied.

• (5) A misrepresentation may in particular include—

• (a) a misrepresentation as to the person’s identity or purpose;

• (b) presenting information in a way which amounts to a misrepresentation, even if some or all of the information is true.

• (6) A person who breaches a prohibition in subsection (1) commits an offence if the person knows, or having regard to other matters known to them ought reasonably to know, that paragraph (a) of that subsection applies.

• (7) In proceedings for an offence under subsection (6) it is a defence to show that the person—

• (a) took all steps reasonably practicable to determine whether the activities were registered, and

• (b) reasonably believed that the activities were registered.

• (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.

Exemptions

Exemptions

73

Schedule 15 makes provision in relation to exemptions.

Information

Registration information

74

• (1) The Secretary of State may by regulations make provision about the information a person is required to provide to the Secretary of State when registering—

• (a) a foreign activity arrangement under section 65,

• (b) a relevant activity under section 68,

• (c) a foreign influence arrangement under section 69, or

• (d) a political influence activity under section 72.

• (2) Regulations under subsection (1) may, in particular, require the person to provide information about any arrangements made by the person pursuant to the arrangement or activity which is required to be registered.

• (3) Regulations under subsection (1)(c) may, in particular, require the person to provide information about any political influence activities carried out, or arranged to be carried out, during the registration period by any person pursuant to the arrangement which is required to be registered.

• (4) In subsection (3) “registration period” has the same meaning as in section 71.

• (5) Where there is a material change to any information provided to the Secretary of State under this section or section 75 in relation to a registered arrangement or a registered activity, the person who registered the arrangement or activity must inform the Secretary of State of the change before the end of the period of 14 days beginning with the day on which the change takes effect.

• (6) The Secretary of State—

• (a) may by regulations make provision about the information to be provided to the Secretary of State under subsection (5),

• (b) may issue guidance about what may or may not constitute a material change.

• (7) The provision which may be made by regulations under this section includes provision about the form in which information is to be provided.

• (8) A person who fails to comply with subsection (5) commits an offence if, as a result of the failure, the information provided to the Secretary of State in relation to the registered arrangement or registered activity is false, inaccurate or misleading in a material way.

Information notices

75

• (1) The Secretary of State may give an information notice to—

• (a) a person who is a party to a foreign activity arrangement registered under section 65;

• (b) a person the Secretary of State reasonably believes to be a party to a foreign activity arrangement which is required to be, but is not, registered under that section;

• (c) a person the Secretary of State reasonably believes to be carrying out relevant activities, or arranging for relevant activities to be carried out, in the United Kingdom pursuant to a foreign activity arrangement within paragraph (a) or (b);

• (d) a person who has registered relevant activities under section 68;

• (e) a person the Secretary of State reasonably believes to be carrying out relevant activities registered under that section;

• (f) a person the Secretary of State reasonably believes to be carrying out relevant activities in breach of a prohibition in that section.

• (2) The Secretary of State may give an information notice to—

• (a) a person who is a party to a foreign influence arrangement registered under section 69;

• (b) a person the Secretary of State reasonably believes to be a party to a foreign influence arrangement which is required to be, but is not, registered under that section;

• (c) a person the Secretary of State reasonably believes to be carrying out political influence activities, or arranging for political influence activities to be carried out, in the United Kingdom pursuant to a foreign influence arrangement within paragraph (a) or (b);

• (d) a person who has registered political influence activities under section 72;

• (e) a person the Secretary of State reasonably believes to be carrying out political influence activities registered under that section;

• (f) a person the Secretary of State reasonably believes to be carrying out political influence activities in breach of a prohibition in that section.

• (3) An information notice is a notice requiring the person to whom it is given to supply the information specified in the notice.

• (4) An information notice may only specify information which the Secretary of State considers may be relevant to an arrangement or activity within subsection (1) or (2).

• (5) An information notice must—

• (a) specify the form in which the information must be supplied, and

• (b) specify the date by which the information must be supplied.

• (6) Where an information notice has been given to a person, the Secretary of State may cancel it by giving written notice to that effect to the person.

• (7) The Secretary of State may by regulations make provision about—

• (a) the minimum period between the date on which an information notice is given and the date specified under subsection (5)(b);

• (b) other matters which may be specified in an information notice;

• (c) the cancellation of information notices.

• (8) A person commits an offence if, without reasonable excuse, the person fails to comply with an information notice.

• (9) The Secretary of State may not give an information notice to a foreign power.

Confidential material

76

• (1) Nothing in this Part is to be taken to require any person to disclose any information that the person is entitled to refuse to disclose in legal proceedings on grounds of legal professional privilege (in Scotland, confidentiality of communications).

• (2) Nothing in this Part is to be taken to require any person to disclose confidential journalistic material or to identify or confirm a source of journalistic information.

• (3) In this section—

• “confidential journalistic material” has the same meaning as in section 264 of the Investigatory Powers Act 2016;

• “source of journalistic information” has the same meaning as in section 263 of that Act.

Offence of providing false information

77

• (1) A person commits an offence if—

• (a) the person provides information to the Secretary of State under section 74 or 75 in connection with a foreign activity arrangement, and

• (b) the information is false, inaccurate or misleading in a material way.

• (2) A person commits an offence if—

• (a) the person provides information to the Secretary of State under section 74 or 75 in connection with a relevant activity which is required to be registered under section 68, and

• (b) the information is false, inaccurate or misleading in a material way.

• (3) A person commits an offence if—

• (a) the person provides information to the Secretary of State under section 74 or 75 in connection with a foreign influence arrangement,

• (b) the information is false, inaccurate or misleading in a material way, and

• (c) the person knows, or having regard to other matters known to them ought reasonably to know, that the information is false, inaccurate or misleading in a material way.

• (4) A person commits an offence if—

• (a) the person provides information to the Secretary of State under section 74 or 75 in connection with a political influence activity which is required to be registered under section 72,

• (b) the information is false, inaccurate or misleading in a material way, and

• (c) the person knows, or having regard to other matters known to them ought reasonably to know, that the information is false, inaccurate or misleading in a material way.

Offence of carrying out activities under arrangements tainted by false information

78

• (1) A person commits an offence if—

• (a) the person carries out a relevant activity, or arranges for a relevant activity to be carried out, in the United Kingdom pursuant to a foreign activity arrangement required to be registered under section 65(4),

• (b) information provided to the Secretary of State under section 74 or 75 in connection with the arrangement, whether by the person or by another person, is false, inaccurate or misleading in a material way, and

• (c) the person knows, or having regard to other matters known to them ought reasonably to know, that the facts are as mentioned in paragraph (b).

• (2) A person commits an offence if—

• (a) the person carries out a political influence activity, or arranges for a political influence activity to be carried out, in the United Kingdom pursuant to a foreign influence arrangement required to be registered under section 69(3),

• (b) information provided to the Secretary of State under section 74 or 75 in connection with the arrangement, whether by the person or by another person, is false, inaccurate or misleading in a material way, and

• (c) the person knows, or having regard to other matters known to them ought reasonably to know, that the facts are as mentioned in paragraph (b).

Publication and disclosure of information

79

• (1) The Secretary of State may by regulations make provision about—

• (a) publication of information provided to the Secretary of State under section 74 or 75;

• (b) the disclosure of information provided to the Secretary of State under either of those sections.

• (2) The power under subsection (1)(a) includes in particular power to make provision about a description of information or material which is not to be published.

Offences: penalties etc

Offences: penalties

80

• (1) A person who commits a foreign activity offence is liable—

• (a) on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine (or both);

• (b) on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or to a fine (or both);

• (c) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum (or both);

• (d) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both).

• (2) “Foreign activity offence” means—

• (a) an offence under section 65(5);

• (b) an offence under section 67;

• (c) an offence under section 68(9) or (10);

• (d) an offence under section 74(8) committed in relation to a foreign activity arrangement registered under section 65 or a relevant activity registered under section 68;

• (e) an offence under section 75(8) committed in relation to an information notice given under section 75(1);

• (f) an offence under section 77(1) or (2);

• (g) an offence under section 78(1).

• (3) A person who commits a foreign influence offence is liable—

• (a) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine (or both);

• (b) on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or to a fine (or both);

• (c) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum (or both);

• (d) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both).

• (4) “Foreign influence offence” means—

• (a) an offence under section 69(5);

• (b) an offence under section 71;

• (c) an offence under section 72(6);

• (d) an offence under section 74(8) committed in relation to a foreign influence arrangement registered under section 69 or a political influence activity registered under section 72;

• (e) an offence under section 75(8) committed in relation to an information notice given under section 75(2);

• (f) an offence under section 77(3) or (4);

• (g) an offence under section 78(2).

Offences: supplementary provision

81

• (1) Section 35 (offences by body corporate etc) applies in relation to offences under this Part as it applies in relation to offences under Part 1.

• (2) Section 36(1) and (3) to (5) (offences committed outside the United Kingdom) applies in relation to offences under this Part as it applies in relation to offences under Part 1.

• (3) If it is necessary in the interests of national security, a court may exclude the public from any part of proceedings for an offence under this Part, except for the passing of sentence.

Supplementary

Annual report

82

• (1) The Secretary of State must, as soon as is practicable after the end of each relevant period—

• (a) prepare a report in relation to that period, and

• (b) lay a copy of the report before Parliament.

• (2) The report must provide details of—

• (a) the total number of arrangements registered with the Secretary of State under section 65 or 69,

• (b) the number of arrangements registered with the Secretary of State under section 65 or 69 during the relevant period,

• (c) the total number of specified persons and foreign powers who have registered activities with the Secretary of State under section 68 or 72,

• (d) the number of specified persons and foreign powers who have registered activities with the Secretary of State under section 68 or 72 during the relevant period,

• (e) the number of information notices issued under section 75 during the relevant period,

• (f) the number of persons charged with an offence under this Part during the relevant period, and

• (g) the number of persons convicted of an offence under this Part during the relevant period.

• (3) “Relevant period” means—

• (a) the period of 12 months beginning with the day on which this section comes into force, and

• (b) each subsequent period of 12 months.

Interpretation

83

• (1) In this Part—

• “foreign activity arrangement” has the meaning given by section 65;

• “foreign influence arrangement” has the meaning given by section 69;

• “foreign power” has the same meaning as in Part 1 (see section 32), subject to subsection (2);

• “political influence activity” has the meaning given by section 70;

• “registered activity” means an activity registered with the Secretary of State under section 68 or 72;

• “registered arrangement” means an arrangement registered with the Secretary of State under section 65 or 69;

• “specified person” has the meaning given by section 66.

• (2) For the purposes of this Part references in section 32 to a foreign State, or a foreign country or territory, do not include the Republic of Ireland.

• (3) For the purposes of this Part references to an “arrangement” do not include an arrangement between a person (“P”) and—

• (a) a person who holds office in or under, or is an employee or other member of staff of, P (acting in that capacity), or

• (b) a person the Secretary of State reasonably considers to be exercising functions on behalf of P as if the person were within paragraph (a).

Part 5 — Terrorism

Damages in national security proceedings

National security proceedings

84

• (1) Sections 85 and 86 apply to proceedings (“national security proceedings”) before a court which—

• (a) are commenced on or after the date this section comes into force,

• (b) are brought against the Crown on any grounds (unless they are brought under section 7(1)(a) of the Human Rights Act 1998), and

• (c) relate to national security.

• (2) For the purposes of this section—

• (a) proceedings relate to national security where a party to those proceedings has, at any stage, presented evidence or made submissions to the court relating to national security;

• (b) the circumstances in which evidence or submissions are to be taken to relate to national security include, in particular, where the evidence or submissions relate to—

• (i) the use of investigatory powers or surveillance powers under the Regulation of Investigatory Powers Act 2000, or the use of similar powers overseas in the interests of national security;

• (ii) the activities of the intelligence services in the United Kingdom or overseas, or the activities of similar services overseas;

• (iii) investigations or other activities in connection with preventing the commission of terrorism offences or other involvement in terrorism-related activity in the United Kingdom or overseas.

Duty to consider reduction in damages payable by the Crown

85

• (1) This section applies where—

• (a) liability of the Crown to the claimant has been established by the court in national security proceedings,

• (b) the court is permitted to award damages, payable by the Crown, to the claimant in those proceedings in respect of that liability,

• (c) the Crown has made an application to the court for consideration of the factors mentioned in subsection (3) (the “national security factors”), and

• (d) the court has not refused the application.

• (2) Where this section applies, the court must, in deciding what remedy (if any) to award to the claimant in respect of the liability, consider the national security factors.

• (3) The national security factors are—

• (a) whether the claimant has committed wrongdoing that—

• (i) involves the commission of a terrorism offence or other involvement in terrorism-related activity, and

• (ii) has a connection with the conduct of the Crown complained of in the proceedings, and

• (b) if the claimant has committed such wrongdoing—

• (i) the extent of that wrongdoing and of its connection with the conduct of the Crown, and

• (ii) the matters mentioned in subsection (4).

• (4) The matters are whether and to what extent—

• (a) there was a risk of harm the Crown sought to prevent or limit in carrying out the conduct complained of in the proceedings;

• (b) there was a limitation on the ability of the Crown to prevent the conduct occurring, including on the basis of—

• (i) the conduct having occurred overseas, or

• (ii) the conduct having been carried out in conjunction with a third party.

• (5) Where the court would (but for this subsection) award damages to the claimant of a particular amount, the court must decide whether, in light of its consideration of the national security factors, it is appropriate for it to reduce the amount of damages (including to nil).

• (6) But the court may not decide to reduce damages it would otherwise award to the claimant under section 8 of the Human Rights Act 1998 (judicial remedies).

• (7) Nothing in this section—

• (a) prevents a court from considering the national security factors of its own motion where this section does not apply;

• (b) affects any other power the court may have to reduce damages or to refuse to award damages, including by reason of—

• (i) the claimant’s wrongdoing,

• (ii) the claimant’s failure to mitigate any harm they have suffered, or

• (iii) the claimant’s contribution to that harm;

• (c) affects any existing rule of law otherwise limiting the scope of liability of the Crown.

Section 85: supplementary

86

• (1) An application for consideration of the national security factors may be made at any time before the final disposal of the national security proceedings (or, in Scotland, before final judgment in the proceedings within the meaning given by section 136 of the Courts Reform (Scotland) Act 2014 (asp 18)), including at a time before any liability of the Crown has been established.

• (2) The application must—

• (a) set out how the Crown considers the national security factors to apply, and the Crown’s reasons;

• (b) set out the extent to which the Crown considers that damages should be reduced in light of the national security factors, and the Crown’s reasons;

• (c) otherwise be made in accordance with rules of court.

• (3) The court may refuse the application if, in the court’s view, consideration of the national security factors would—

• (a) cause unreasonable delay to the national security proceedings, or

• (b) unreasonably prejudice another party to the proceedings.

Sections 84 to 86: interpretation

87

In sections 84 to 86 and this section—

• “claimant” means a person claiming a remedy of any kind against the Crown in national security proceedings;

• “court” includes a tribunal;

• “intelligence service” means— the Security Service; the Secret Intelligence Service; the Government Communications Headquarters;

• “involvement in terrorism-related activity” has the same meaning as in the Terrorism Prevention and Investigation Measures Act 2011 (see section 4 of that Act);

• “national security factors” means the factors set out for consideration in section 85(3);

• “national security proceedings” has the meaning given by section 84;

• “rules of court” includes tribunal procedure rules;

• “terrorism offence” means any of the following (whenever committed)— an offence listed in— Schedule A1 to the Sentencing Code (terrorism offences: England and Wales), or Schedule 1A to the Counter-Terrorism Act 2008 (terrorism offences: Scotland and Northern Ireland); a service offence as respects which the corresponding civil offence is so listed; and for this purpose “service offence” and “corresponding civil offence” have the same meanings as in the Counter-Terrorism Act 2008 (see section 95 of that Act); an offence that— was abolished on or before the date this section comes into force, and if committed on or after the date on which it was abolished, would have constituted an offence referred to in paragraph (a) or (b); an offence determined to have a terrorist connection under— section 69 of the Sentencing Code (in the case of an offender sentenced in England and Wales), including as applied by section 238(6) of the Armed Forces Act 2006, section 30 of the Counter-Terrorism Act 2008 (in the case of an offender sentenced in Northern Ireland, or an offender sentenced in England and Wales before the Sentencing Code applied), or section 32 of the Counter-Terrorism Act 2008 (in the case of an offender sentenced for a service offence before the Sentencing Code applied); an offence proved to have been aggravated by reason of having a terrorist connection under section 31 of the Counter-Terrorism Act 2008 (in the case of an offender sentenced in Scotland).

Freezing and forfeiture of damages

Damages at risk of being used for the purposes of terrorism

88

Schedule 16 makes provision in relation to damages at risk of being used for the purposes of terrorism.

Legal aid

Legal aid for individuals convicted of terrorism offences

89

• (1) The Legal Aid, Sentencing and Punishment of Offenders Act 2012 is amended as follows.

• (2) In section 9(1) (general cases), at the end insert—

This is subject to section 9A (limits on access to civil legal services for individuals convicted of terrorism offences).

• (3) After section 9 insert—

(9A) (1) Civil legal services described in Part 1 of Schedule 1 other than those in paragraph 12 of Schedule 1 (“general case services”) are only to be available to an individual convicted of a terrorism offence (an “offender”) under this Part if— (a) the Director has made a determination under section 9(1)(b) (a “general case determination”) in relation to the offender (and has not withdrawn the determination), and (b) the Director determines that one or more of Conditions A to G are met. (2) Condition A is met where the offender was convicted of the terrorism offence before 19 February 2001. (3) Condition B is met where the offender was under the age of 18 on the date they applied for the general case determination (the “application date”). (4) Condition C is met where the offender was convicted of the terrorism offence more than 30 years before the application date. (5) Condition D is met where the offender was convicted of the terrorism offence— (a) when they were under the age of 18, and (b) more than 15 years before the application date. (6) Condition E is met where the offender applied for the general case determination before— (a) the commencement date, or (b) the date on which they were convicted of the terrorism offence. (7) Condition F is met where the Director has made (and not withdrawn) an exceptional case determination, within the meaning given by section 10(3), in relation to the offender and the general case services. (8) Condition G is met where— (a) the general case services are those described in paragraph 11, 33, 34 or 35 of Schedule 1 (services in relation to domestic violence and housing), and (b) the offender— (i) was or is a victim of domestic violence occurring after the relevant date, or (ii) is at risk of being a victim of domestic violence. (9) In subsection (8)— - “domestic violence” has the meaning given in paragraph 12(9) of Schedule 1; - “relevant date” means the date five years before the application date. (10) Regulations may make provision specifying for the purposes of this section when an individual is deemed to have applied for a general case determination. (11) In this section, “terrorism offence” means any of the following (whenever committed)— (a) an offence listed in— (i) Schedule A1 to the Sentencing Code (terrorism offences: England and Wales), or (ii) Schedule 1A to the Counter-Terrorism Act 2008 (terrorism offences: Scotland and Northern Ireland); (b) a service offence as respects which the corresponding civil offence is so listed; (c) an offence that— (i) was abolished on or before the commencement date, and (ii) if committed on or after the date on which it was abolished, would have constituted an offence referred to in paragraph (a) or (b); (d) an offence determined to have a terrorist connection under— (i) section 69 of the Sentencing Code (in the case of an offender sentenced in England and Wales), including as applied by section 238(6) of the Armed Forces Act 2006, (ii) section 30 of the Counter-Terrorism Act 2008 (in the case of an offender sentenced in Northern Ireland, or an offender sentenced in England and Wales before the Sentencing Code applied), or (iii) section 32 of the Counter-Terrorism Act 2008 (in the case of an offender sentenced for a service offence before the Sentencing Code applied); (e) an offence proved to have been aggravated by reason of having a terrorist connection under section 31 of the Counter-Terrorism Act 2008 (in the case of an offender sentenced in Scotland). (12) Where an offender has been convicted of more than one terrorism offence, “the terrorism offence” in this section means the terrorism offence the offender has most recently been convicted of. (13) In this section— - “commencement date” means the date on which section 89 of the National Security Act 2023 comes into force; - “service offence” and “corresponding civil offence” have the same meanings as in the Counter-Terrorism Act 2008 (see section 95 of that Act). (14) Nothing in this section affects the Director’s ability to make determinations under section 10 (exceptional cases).

• (4) In section 12 (determinations)—

• (a) in subsection (2), after “9” insert “, 9A”;

• (b) in subsection (5), after “9” insert “, 9A”.

Legal aid for individuals convicted of terrorism offences: data sharing

90

In the Legal Aid, Sentencing and Punishment of Offenders Act 2012, after section 9A (as inserted by section 89) insert—

(9B) (1) The Director may make an information request to a competent authority. (2) An information request under this section may be made only for the purpose of identifying— (a) whether an individual who has applied for a determination under section 9 has been convicted of a terrorism offence, and (b) if the individual has been so convicted, details relating to that conviction. (3) An information request under this section may in particular request the disclosure of any of the following— (a) a relevant individual’s full name and any previous names; (b) a relevant individual’s address and any previous addresses; (c) a relevant individual’s date of birth; (d) a relevant individual’s national insurance number; (e) a number identifying a relevant individual in a system maintained by a body established in accordance with a collaboration agreement under section 22A of the Police Act 1996; (f) a number identifying a relevant individual in a system maintained by the Secretary of State for the management of offenders; (g) any convictions of a relevant individual; (h) any details relating to those convictions, including the date of conviction and any sentence imposed. (4) A competent authority may disclose to the Director information specified in an information request made under this section. (5) The Director may, for the purposes of deciding whether general case services are to be available to an individual under this Part, process any personal data in respect of a relevant individual disclosed by a competent authority to the Director under this section. (6) This section does not authorise the disclosure or processing of information if the disclosure or processing would contravene the data protection legislation (but, in determining whether a disclosure or processing would do so, the powers conferred by this section are to be taken into account). (7) In this section— - “competent authority” has the same meaning as in section 30 of the Data Protection Act 2018; - “general case services” and “terrorism offence” have the same meanings as in section 9A; - “personal data”, “processing” and “the data protection legislation” have the same meanings as in section 3 of the Data Protection Act 2018; - “relevant individual” means— an individual who has applied for a determination under section 9, or an individual who has been convicted of a terrorism offence.

Legal aid in relation to terrorism prevention and investigation measures

91

• (1) In Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (civil legal services), in Part 1 (services), paragraph 45 is amended as follows.

• (2) Omit sub-paragraph (2).

• (3) For sub-paragraph (3) substitute—

(3) Sub-paragraph (1) is subject to— (a) the exclusions in Part 2 of this Schedule, with the exception of paragraph 18 of that Part, and (b) the exclusion in Part 3 of this Schedule.

• (4) In sub-paragraph (4) omit the definition of “control order proceedings”.

Amendments of the Terrorism Act 2000

Amendments of the Terrorism Act 2000

92

Schedule 17 contains amendments of the Terrorism Act 2000.

Part 6 — Miscellaneous and general provisions

Intelligence and Security Committee

Intelligence and Security Committee: memorandum of understanding

93

• (1) The Prime Minister and the Intelligence and Security Committee of Parliament must consider whether the memorandum of understanding under section 2 of the Justice and Security Act 2013 should be altered (or replaced) to reflect any changes arising out of this Act.

• (2) Consideration under subsection (1) must begin before the end of the period of six months beginning with the day on which this section comes into force.

General provisions

Minor and consequential amendments

94

Schedule 18 makes minor and consequential amendments.

Power to make consequential amendments

95

• (1) The Secretary of State may by regulations make provision that is consequential on any provision of this Act.

• (2) The provision that may be made by regulations under subsection (1) includes provision amending primary legislation.

• (3) “Primary legislation” means—

• (a) an Act of Parliament,

• (b) a Measure or Act of Senedd Cymru,

• (c) an Act of the Scottish Parliament,

• (d) Northern Ireland legislation, or

• (e) retained direct principal EU legislation,

whenever passed or made.

Regulations

96

• (1) A power to make regulations under any provision of this Act includes power to make—

• (a) consequential, supplementary, incidental, transitional or saving provision;

• (b) different provision for different purposes or different areas.

• (2) Subsection (1) does not apply to regulations under section 100 or 101.

• (3) Regulations under this Act are to be made by statutory instrument.

• (4) Regulations under this Act are subject to annulment in pursuance of a resolution of either House of Parliament, except—

• (a) regulations under section 100 or 101;

• (b) regulations to which subsection (6) applies;

• (c) regulations under paragraph 46 of Schedule 6.

• (5) A statutory instrument containing (whether alone or with other provision) regulations to which subsection (6) applies may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

• (6) This subsection applies to—

• (a) regulations under section 65(3);

• (b) regulations under section 66 specifying a foreign power, or a person other than a foreign power, who is not specified immediately before the regulations are made;

• (c) regulations under section 68(5);

• (d) regulations under section 79(1)(a);

• (e) regulations under section 95 which contain provision within section 95(2);

• (f) regulations under paragraph 3(2)(b) of Schedule 6;

• (g) regulations under paragraph 4(3) of Schedule 6;

• (h) regulations under paragraph 15 of Schedule 13;

• (i) regulations under paragraph 27 of Schedule 14;

• (j) regulations under paragraph 8 of Schedule 15.

• (7) A statutory instrument containing regulations under paragraph 46 of Schedule 6 must be laid before Parliament as soon as practicable after being made.

• (8) Regulations contained in a statutory instrument laid before Parliament under subsection (7) cease to have effect at the end of the period of 20 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of each House of Parliament.

• (9) In calculating the period of 20 days no account is to be taken of any whole days that fall within a period during which—

• (a) Parliament is dissolved or prorogued, or

• (b) either House of Parliament is adjourned for more than four days.

• (10) Subsections (8) and (9) do not apply to regulations under paragraph 46 of Schedule 6 which revoke regulations under that paragraph.

• (11) If a draft of a statutory instrument containing regulations under section 65, 66 or 68 would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.

Crown application

97

• (1) This Act binds the Crown, subject as follows.

• (2) No contravention by the Crown of a provision of this Act makes the Crown criminally liable.

• (3) Subsection (2) does not affect the criminal liability of persons in the service of the Crown.

• (4) An amendment or repeal made by this Act binds the Crown to the same extent as the provision amended or repealed.

Extent in the United Kingdom

98

• (1) This Act extends to England and Wales, Scotland and Northern Ireland, subject to—

• (a) subsection (2), and

• (b) section 99.

• (2) An amendment or repeal made by this Act has the same extent in the United Kingdom as the provision to which it relates.

Extent outside the United Kingdom

99

• (1) Section 22 extends to—

• (a) the Isle of Man, and

• (b) the British Overseas Territories, except Gibraltar.

• (2) His Majesty may by Order in Council provide for any provision of this Act other than section 22 to extend (with or without modifications) to the Sovereign Base Areas of Akrotiri and Dhekelia.

• (3) An Order in Council under subsection (2) may make consequential, supplementary, incidental, transitional or saving provision.

• (4) The power under section 384(1) of the Armed Forces Act 2006 may be exercised so as to extend to any of the Channel Islands (with or without modifications) the amendment of section 238 of the Armed Forces Act 2006 made by section 22.

• (5) The power under section 384(2) of the Armed Forces Act 2006 may be exercised so as to modify section 238 of the Armed Forces Act 2006, as amended by section 22, as it extends to the Isle of Man or a British overseas territory other than Gibraltar.

• (6) The power under section 15(3) of the Official Secrets Act 1989 may be exercised so as to extend to any of the Channel Islands, the Isle of Man or a British Overseas Territory any amendment or repeal made by this Act of any provision of that Act.

• (7) The power under section 415 of the Sentencing Act 2020 may be exercised so as to extend to any of the Channel Islands or the Isle of Man (with or without modifications) any amendment or repeal made by this Act of any provision of that Act.

Commencement

100

• (1) This Act comes into force on such day as the Secretary of State may by regulations appoint, subject to subsection (2).

• (2) Sections 95 to 102 come into force on the day on which this Act is passed.

• (3) A power to make regulations under this section includes power to appoint different days for different purposes or areas.

Transitional and saving provision

101

• (1) The Secretary of State may by regulations make transitional or saving provision in connection with the coming into force of any provision of this Act.

• (2) A power to make regulations under this section includes power to make different provision for different purposes or areas.

Short title

102

This Act may be cited as the National Security Act 2023.

Schedule 1

Part 1 — Relevant electoral offences

Part 2 — Amendments

Electoral Law Act (Northern Ireland) 1962 (c.14 (N.I.))

1

• (1) The Electoral Law Act (Northern Ireland) 1962 (c.14 (N.I.)) is amended as follows.

• (2) In section 105 (restrictions on summary prosecution) after subsection (8) insert—

(9) A corrupt practice or electoral offence in relation to which section 16 of the National Security Act 2023 (which provides for higher sentences in cases of foreign interference) applies is triable only on indictment.

• (3) In section 106 (prosecution of offences disclosed on election petition) after subsection (1) insert—

(1A) The duty in subsection (1) to obey a direction given by an election court does not apply to a direction with respect to the prosecution of a corrupt practice or electoral offence in relation to which the Director has reasonable grounds to believe section 16 of the National Security Act 2023 (which provides for higher sentences in cases of foreign interference) applies.

• (4) In section 108 (penalties for corrupt practices) after subsection (4) insert—

(5) This section does not apply where section 16 of the National Security Act 2023 (which provides for higher sentences in cases of foreign interference) applies in relation to the corrupt practice.

• (5) In section 111 (penalties for electoral offences) after subsection (2A) insert—

(2B) Subsections (1) to (2A) do not apply where section 16 of the National Security Act 2023 (which provides for higher sentences in cases of foreign interference) applies in relation to the electoral offence.

• (6) In section 112(1H) (incapacities resulting from convictions) after “109” insert “or under section 16 of the National Security Act 2023 (which provides for higher sentences in cases of foreign interference)”.

• (7) In section 118 (time limit for prosecutions) after subsection (3) insert—

(4) This section does not apply where section 16 of the National Security Act 2023 (which provides for higher sentences in cases of foreign interference) applies in relation to the electoral misdemeanour.

Representation of the People Act 1983 (c. 2)

2

• (1) The Representation of the People Act 1983 is amended as follows.

• (2) In section 65 (offence of tampering with nomination papers etc) after subsection (4) insert—

(5) Subsections (3) and (4) do not apply where section 16 of the National Security Act 2023 (which provides for higher sentences in cases of foreign interference) applies in relation to the offence.

• (3) In section 168 (penalties for corrupt practices) after subsection (1) insert—

(1A) Subsection (1) does not apply where section 16 of the National Security Act 2023 (which provides for higher sentences in cases of foreign interference) applies in relation to the corrupt practice.

• (4) In section 176 (time limit for prosecutions) after subsection (1) insert—

(1A) Subsection (1) does not apply where section 16 of the National Security Act 2023 (which provides for higher sentences in cases of foreign interference) applies in relation to the offence.

Political Parties, Elections and Referendums Act 2000 (c. 41)

3

• (1) The Political Parties, Elections and Referendums Act 2000 is amended as follows.

• (2) In section 147 (civil sanctions)—

• (a) the existing text becomes subsection (1);

• (b) after that subsection insert—

(2) Schedule 19C does not apply in relation to the commission of an offence under this Act where section 16 of the National Security Act 2023 (which provides for higher sentences in cases of foreign interference) applies in relation to the offence.

• (3) In section 150 (punishment of offences) at the end insert—

(6) Schedule 20 does not apply where section 16 of the National Security Act 2023 (which provides for higher sentences in cases of foreign interference) applies in relation to the offence.

Schedule 2

Part 1 — England and Wales and Northern Ireland

Introductory

1

• (1) This Part of this Schedule applies in England and Wales and in Northern Ireland.

• (2) In this Part of this Schedule “relevant act” means—

• (a) an offence under this Part of this Act, other than an offence under—

• (i) section 5 (unauthorised entry to a prohibited place);

• (ii) section 6 (prohibited place: failure to comply with order of constable);

• (iii) section 11 (cordoned area: failure to comply with order of constable);

• (iv) this Schedule;

• (v) Schedule 3 (disclosure orders);

• (vi) Schedule 4 (customer information orders);

• (b) an act or threat within section 33(3)(b)or (c).

Material other than confidential material: search, seizure and retention

2

• (1) A constable may make an application for the issue of a warrant under this paragraph—

• (a) in England and Wales, to a justice of the peace;

• (b) in Northern Ireland, to a lay magistrate.

• (2) The justice of the peace or lay magistrate may grant the application if satisfied that—

• (a) conditions 1 and 2 are met, and

• (b) in the case of an application for an all premises warrant, condition 3 is met.

• (3) Condition 1 is that there are reasonable grounds for suspecting that a relevant act has been, or is about to be, committed.

• (4) Condition 2 is that there are reasonable grounds for suspecting that there is on the relevant premises material which—

• (a) is likely to be evidence that a relevant act has been, or is about to be, committed, and

• (b) does not consist of or include confidential material.

• (5) Condition 3 is that it is not reasonably practicable to specify in the application all the premises which the person specified in the application occupies or controls and which might need to be searched.

• (6) A warrant under this paragraph is a warrant authorising any constable—

• (a) to enter the relevant premises,

• (b) to search the relevant premises and any person found there, and

• (c) to seize and retain any material found on a search under paragraph (b) which is likely to be evidence that a relevant act has been, or is about to be, committed.

• (7) A warrant under this paragraph does not authorise—

• (a) the seizure and retention of confidential material, or

• (b) a constable to require a person to remove any clothing in public except for headgear, footwear, an outer coat or jacket and gloves.

• (8) In this paragraph the “relevant premises” are—

• (a) one or more sets of premises specified in the application (in which case the application is for a “specific premises warrant”), or

• (b) any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an “all premises warrant”).

Confidential material: production orders

3

• (1) A constable may apply to a judge for an order under this paragraph.

• (2) The judge may grant the application if satisfied that conditions 1 to 4 are met.

• (3) Condition 1 is that there are reasonable grounds for suspecting that a relevant act has been, or is about to be, committed.

• (4) Condition 2 is that there are reasonable grounds for suspecting that a person specified in the application has in their possession, custody or control material which—

• (a) is likely to be evidence that a relevant act has been, or is about to be, committed,

• (b) consists of or includes confidential material, and

• (c) does not include items subject to legal privilege.

• (5) Condition 3 is that there are reasonable grounds for believing that the material is likely to be of substantial value, whether by itself or with other material, to an investigation into whether a relevant act has been, or is about to be, committed.

• (6) Condition 4 is that there are reasonable grounds for believing that it is in the public interest that the material should be produced or access to it should be given having regard to—

• (a) the benefit likely to accrue to the investigation if the material is obtained, and

• (b) the circumstances under which the person concerned has any of the material in their possession, custody or control.

• (7) An order under this paragraph is an order that the person specified in the application must do any of the following—

• (a) produce to a constable within a specified period for seizure and retention any material which the person has in their possession, custody or control and to which the application relates;

• (b) give a constable access to any material of the kind mentioned in paragraph (a) within a specified period;

• (c) state to the best of the person’s knowledge and belief the location of the material to which the application relates if it is not in, and will not come into, the person’s possession, custody or control within the period specified under paragraph (a) or (b).

• (8) The specified period is to be the period of 7 days beginning with the date of the order, unless it appears to the judge that a different period would be appropriate in the particular circumstances of the application.

4

• (1) A constable may apply to a judge for an order under this paragraph.

• (2) The judge may grant the application if satisfied that conditions 1 to 5 are met.

• (3) Condition 1 is that there are reasonable grounds for suspecting that a relevant act has been, or is about to be, committed.

• (4) Condition 2 is that there are reasonable grounds for suspecting that, within the period of 28 days beginning with the date of the order, there is likely to come into existence material which—

• (a) is evidence that a relevant act has been, or is about to be, committed,

• (b) consists of or includes confidential material, and

• (c) does not include items subject to legal privilege.

• (5) Condition 3 is that there are reasonable grounds for suspecting that a person specified in the application is likely within that period to have in their possession, custody or control any of the material to which the application relates.

• (6) Condition 4 is that there are reasonable grounds for believing that the material is likely to be of substantial value, whether by itself or with other material, to an investigation into whether a relevant act has been, or is about to be, committed.

• (7) Condition 5 is that there are reasonable grounds for believing that it is in the public interest that the material should be produced or access to it should be given having regard to—

• (a) the benefit likely to accrue to the investigation if the material is obtained, and

• (b) the circumstances under which the person concerned is likely to have any of the material in their possession, custody or control.

• (8) An order under this paragraph is an order that the person specified in the application must do any of the following—

• (a) notify a named constable as soon as reasonably practicable after any material to which the application relates comes into the person’s possession, custody or control;

• (b) produce to a constable within a specified period for seizure and retention any material to which the application relates which comes into the person’s possession, custody or control;

• (c) give a constable access to any material of the kind mentioned in paragraph (b) within a specified period;

• (d) state to the best of the person’s knowledge and belief the location of the material to which the application relates if it is not in, and will not come into, the person’s possession, custody or control within the period of 28 days beginning with the date of the order.

• (9) The specified period is to be the period of 7 days beginning with the date of the notification required by sub-paragraph (8)(a), unless it appears to the judge that a different period would be appropriate in the particular circumstances of the application.

Production orders: supplementary provision

5

An application for an order under paragraph 3 or 4 may be made without notice to a judge in chambers.

6

• (1) An order under paragraph 3 or 4—

• (a) does not confer any right to production of, or access to, items subject to legal privilege, and

• (b) has effect despite any restriction on the disclosure of information imposed by an enactment or otherwise.

• (2) Where the material consists of information stored in electronic form—

• (a) an order under paragraph 3(7)(a) or 4(8)(b) has effect as an order to produce the material in a form in which it can be taken away and in which it is visible and legible, or from which it can readily be produced in a visible and legible form, and

• (b) an order under paragraph 3(7)(b) or 4(8)(c) has effect as an order to give a constable access to the material in a form in which it is visible and legible.

7

• (1) An order under paragraph 3 or 4 may be made in relation to material in the possession, custody or control of a government department or a Northern Ireland department.

• (2) Where an order is made by virtue of sub-paragraph (1)—

• (a) it is to be served as if the proceedings were civil proceedings against the department, and

• (b) it may require any officer of the department, whether named in the order or not, who may for the time being have in their possession, custody or control the material concerned, to comply with the order.

• (3) In this paragraph “government department” means an authorised government department for the purposes of the Crown Proceedings Act 1947.

8