The National Security Act 2023 (Sovereign Base Areas) Order 2024

Made: 2nd October 2024

Coming into force: 23rd October 2024

At the Court at Buckingham Palace, the 2nd day of October 2024Present,The King's Most Excellent Majesty in Council

His Majesty, in exercise of the powers conferred upon Him by sections 99(2) and (3) of the National Security Act 2023[^f00001], is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows:

Citation, commencement and extent

1

• (1) This Order may be cited as the National Security Act 2023 (Sovereign Base Areas) Order 2024.

• (2) This Order comes into force on 23rd October 2024.

• (3) This Order extends to the Sovereign Base Areas.

Interpretation

2

In this Order—

• “the Act” means the provisions of the UK Act as set out in the Schedule, including the modifications as set out in that Schedule;

• “the Crown” means His Majesty in right of His Administration of the Sovereign Base Areas and in right of His Government of the United Kingdom;

• “Sovereign Base Areas” means the Sovereign Base Areas of Akrotiri and Dhekelia, as referred to in section 2(1) of the Cyprus Act 1960[^f00002];

• “the UK Act” means the National Security Act 2023, as it has effect in the United Kingdom.

Extension of provisions of the National Security Act 2023 to the Sovereign Base Areas

3

The Act extends to the Sovereign Base Areas.

Saving provision

4

Notwithstanding the commencement of paragraphs 1 to 3 of Schedule 18 to the Act, the following enactments will continue to have effect in relation to conduct taking place, including offences suspected to have been committed, before 23rd October 2024—

• (a) Official Secrets Act 1911[^f00003];

• (b) Official Secrets Act 1920[^f00004];

• (c) Official Secrets Act 1939[^f00005].

Schedule — Provisions of the National Security Act 2023 applying in the Sovereign Base Areas

(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 or the Sovereign Base Areas, and (c) the foreign power condition is met in relation to the person’s conduct (see section 31). (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 or the Sovereign Base Areas— (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 Sovereign Base Areas or elsewhere. (4) A person who commits an offence under this section is liable on conviction to imprisonment for life or an unlimited 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. (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 Sovereign Base Areas or elsewhere (but see subsection (5)). (5) Conduct within subsection (1) which takes place wholly outside the Sovereign Base Areas 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; (c) a body incorporated under the law of a part of 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[^f00006] is a British subject, or (c) a British protected person within the meaning of that Act. (8) A person who commits an offence under this section is liable on conviction to imprisonment for a term not exceeding 14 years or an unlimited 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. (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 or SBA-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 or SBA-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 or SBA-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) For the purposes of subsections (1) and (2) it is not necessary to identify a particular foreign intelligence service. (5) Subsections (1) and (2) apply to conduct outside the Sovereign Base Areas, but apply to conduct taking place wholly outside the Sovereign Base Areas 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). (6) 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 or the Sovereign Base Areas 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 or the Sovereign Base Areas, 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 or SBA-related activities carried out in accordance with, an agreement or arrangement to which— (i) the United Kingdom was, or the Sovereign Base Areas were, a party, or (ii) any person acting for or on behalf of, or holding office under, the Crown was (in that capacity) a party. (7) A person is taken to have shown a matter mentioned in subsection (6) 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. (8) A person who commits an offence under this section is liable on conviction to imprisonment for a term not exceeding 14 years or an unlimited fine (or both). (9) In this section— - “Crown employment” means employment under or for the purposes of a government department or the Sovereign Base Areas Administration 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” means— in England and Wales, a person who for the purposes of the Legal Services Act 2007[^f00007] is an authorised person in relation to an activity that constitutes a reserved legal activity (within the meaning of that Act), a solicitor or barrister in Northern Ireland, a solicitor or advocate in Scotland, in the Sovereign Base Areas, an advocate under the Advocates Ordinance 2011[^f00008], or a person who is a member, and entitled to practise as such, of a legal profession regulated in a jurisdiction outside the United Kingdom or the Sovereign Base Areas; - “legal activity” means— in England and Wales, a legal activity within the meaning of section 12 of the Legal Services Act 2007, in Northern Ireland, a legal activity within the meaning of that section, but reading the reference to an activity which is a reserved legal activity as a reference to an activity corresponding to a reserved legal activity, in Scotland, the provision of legal services within the meaning of section 3 of the Legal Services (Scotland) Act 2010[^f00009], in the Sovereign Base Areas, practising as an advocate, or acting as an arbitrator or mediator; - “SBA-related activities” means— activities taking place in the Sovereign Base Areas; activities taking place outside the Sovereign Base Areas which are prejudicial to the safety or interests of the Sovereign Base Areas; - “UK person” has the same meaning as in section 2; - “UK-related activities” means— activities taking place in the United Kingdom; activities taking place outside the United Kingdom which are prejudicial to the safety or interests of the United Kingdom. (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 or the Sovereign Base Areas. (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 Sovereign Base Areas or elsewhere. (5) A person who commits an offence under this section is liable on conviction to imprisonment for a term not exceeding 14 years or an unlimited fine (or both). (6) In this Part “vehicle” means any form of transport. (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 on conviction to imprisonment for a term not exceeding 12 months or an unlimited fine (or both). (6) (1) A police officer 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; (c) a person in an area adjacent to a prohibited place to leave the area 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 police officer 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 police officer may not exercise a power under subsection (1) or (2) unless the officer reasonably believes that exercising the power is necessary to protect the safety or interests of the United Kingdom or the Sovereign Base Areas. (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 conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding €2,500 (or both). (7) (1) In this Part “prohibited place” means— (a) Crown land in the United Kingdom or the Sovereign Base Areas 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 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; (c) any land or building in the United Kingdom or the Sovereign Base Areas which is used for the purposes described in subsection (2)(b) or (3)(b) (or both); (d) any land or building in the United Kingdom or the Sovereign Base Areas which is— (i) owned or controlled by the Security Service, the Secret Intelligence Service or GCHQ, and (ii) used for the functions of the Security Service, the Secret Intelligence Service or GCHQ; (e) any land or building or vehicle designated as a prohibited place in regulations made under section 8. (2) In subsection (1) use for UK defence purposes means use for the purposes of— (a) the activities of the armed forces of the Crown, (b) the invention, development, production, operation, storage or disposal of weapons or other equipment or capabilities of those forces and research relating to it, (c) United Kingdom defence policy and strategy and military planning and intelligence, or (d) plans and measures for the maintenance of essential supplies and services that are or would be needed by the United Kingdom in time of war. (3) In subsection (1) use for the purposes of the defence of a foreign country or territory means use for the purposes of— (a) the activities of the armed forces of the foreign country or territory, or (b) the invention, development, production, operation, storage or disposal of weapons or other equipment or capabilities of those forces and research relating to it. (4) In this section— - “building” includes any part of a building; - “Crown land” means any land or building in which there is a Crown interest or a Duchy interest; - “Crown interest” means any of the following— an interest belonging to His Majesty in right of the Crown or in right of His private estates; an interest belonging to a United Kingdom government department or the Sovereign Base Areas Administration or held in trust for His Majesty for the purposes of a United Kingdom government department or the Sovereign Base Areas Administration; - “Duchy interest” means an interest belonging to His Majesty in right of the Duchy of Lancaster or belonging to the Duchy of Cornwall; - “foreign country or territory” means a country or territory outside the United Kingdom, the Channel Islands, the Isle of Man or the British Overseas Territories; - “GCHQ” means the Government Communications Headquarters, including any unit or part of a unit of the armed forces of the Crown which is for the time being required by the Secretary of State to assist the Government Communications Headquarters in carrying out its functions. (5) In subsection (4) the reference to His Majesty’s private estates is to be construed in accordance with section 1 of the Crown Private Estates Act 1862[^f00010]. (8) (1) The Administrator may by regulations designate— (a) land or a building situated in the Sovereign Base Areas, (b) a vehicle, or (c) land or a building situated in the United Kingdom that has been designated as a prohibited place in regulations made under the UK Act, as a prohibited place. (2) The power in subsection (1) may be exercised only if, having regard to the matters mentioned in subsection (3), the Administrator reasonably considers it necessary to do so in order to protect the safety or interests of the United Kingdom or the Sovereign Base Areas. (3) Those matters are— (a) the purpose for which the land or building or vehicle is used; (b) the nature of any information held, stored or processed on the land or in the building or vehicle; (c) the nature of any technology, equipment or material located on the land or in the building or vehicle. (4) The power in subsection (1) may be exercised in relation to— (a) a description of land or buildings, or (b) a description of vehicle, as well as in relation to particular land or buildings or a particular vehicle. (5) In this section “building” includes any part of a building. (9) (1) A police officer may designate an area as a cordoned area. (2) A police officer may designate an area under subsection (1) only if the officer considers it expedient to do so for the purposes of securing— (a) an aircraft, or a part of an aircraft, used for military purposes, or (b) equipment relating to such an aircraft. (3) If a designation is made orally, the police officer making the designation must confirm it in writing as soon as is reasonably practicable. (4) A police officer making a designation must, as soon as is reasonably practicable— (a) make a written record of the time at which the designation was made, and (b) ensure that a police officer of at least the rank of Superintendent is informed. (5) An officer who is informed of a designation in accordance with subsection (4)(b) must— (a) confirm the designation or cancel it with effect from such time as the officer may direct, and (b) if the officer cancels the designation, make a written record of the cancellation and the reason for it. (6) A police officer making a designation must arrange for the demarcation of the cordoned area, so far as is reasonably practicable— (a) by means of tape marked with the word “police”, or (b) in such other manner as the officer considers appropriate. (10) (1) A designation under section 9 has effect, subject to subsections (2) to (5), during the period— (a) beginning at the time when it is made, and (b) ending with a date or at a time specified in the designation. (2) The date or time specified under subsection (1)(b) must not be later than the end of the period of 14 days beginning with the day on which the designation is made. (3) A police officer may extend from time to time the period during which a designation has effect. (4) An extension under subsection (3) must— (a) be in writing, and (b) specify the additional period during which the designation is to have effect. (5) An extension under subsection (3) must not provide for a designation to have effect after the end of the period of 28 days beginning with the day on which the designation is made. (11) (1) A police officer may order— (a) a person not to do any of the following (whether in person or by electronic or remote means)— (i) enter, inspect, pass over or under, approach or be in the vicinity of a cordoned area, or (ii) cause an unmanned vehicle or device to enter, inspect, pass over or under, approach or be in the vicinity of a cordoned area; (b) a person in a cordoned area (whether in person or by electronic or remote means) to leave it immediately; (c) a person in an area adjacent to a cordoned area to leave the area immediately; (d) the driver or person in charge of a vehicle or device (whether in person or by electronic or remote means) in a cordoned area to move the vehicle or device from the area immediately. (2) In subsection (1) a reference to inspecting a cordoned area includes taking or procuring the taking of photographs, videos or other recordings. (3) A police officer may arrange for— (a) the removal of a vehicle or device from a cordoned area; (b) the movement of a vehicle or device within a cordoned area. (4) A person commits an offence if the person fails to comply with an order imposed under subsection (1). (5) It is a defence for a person charged with an offence under subsection (4) to show that the person had a reasonable excuse for that failure. (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. (7) A person who commits an offence under subsection (4) is liable on conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding €2,500 (or both). (8) In this section “cordoned area” means an area designated as a cordoned area under section 9. (12) (1) A person commits an offence if— (a) the person engages in conduct that results in damage to any asset, (b) the person intends their conduct to result in damage to an asset, or is reckless as to whether their conduct will result in damage to an asset, (c) 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 or the Sovereign Base Areas, and (d) the foreign power condition is met in relation to the person’s conduct (see section 31). (2) Subsection (1) applies— (a) whether the person’s conduct takes place in the Sovereign Base Areas or elsewhere; (b) whether the asset is in the Sovereign Base Areas or elsewhere. (3) In this section— - “asset” means an asset of any kind whether tangible or intangible and includes in particular real and personal property, electronic systems and information; - “damage” includes any of the following (whether permanent or temporary)— destruction; alteration; contamination; interference; loss of or reduction in access or availability; loss of or reduction in function, utility or reliability. (4) A person who commits an offence under this section is liable on conviction to imprisonment for life or an unlimited fine (or both). (13) (1) A person commits an offence if— (a) the person engages in prohibited conduct, (b) the foreign power condition is met in relation to the prohibited conduct (see section 31), and (c) the person intends the prohibited conduct, or a course of conduct of which it forms part, to have an interference effect. (2) A person commits an offence if— (a) the person engages in prohibited conduct, (b) the foreign power condition is met in relation to the prohibited conduct (see section 31), and (c) the person is reckless as to whether the prohibited conduct, or a course of conduct of which it forms part, will have an interference effect. (3) A person (“P”) commits an offence if— (a) P engages in a course of conduct with one or more other persons, (b) the foreign power condition is met in relation to conduct of P which forms part of the course of conduct (see section 31), (c) P intends the course of conduct to have an interference effect, (d) as part of the course of conduct, a person other than P engages in prohibited conduct, and (e) P intends or believes that, as part of the course of conduct, a person other than P will engage in prohibited conduct. (4) For the purposes of subsections (1)(c) and (2)(c) a course of conduct includes a course of conduct engaged in by the person alone, or by the person and one or more other persons. (5) Subsections (1) and (2) apply whether the person’s conduct takes place in the Sovereign Base Areas or elsewhere. (6) Subsection (3) applies whether P’s conduct or the prohibited conduct takes place in the Sovereign Base Areas or elsewhere. (7) A person who commits an offence under this section is liable on conviction to imprisonment for a term not exceeding 14 years or an unlimited fine (or both). (8) In this section— - “interference effect” has the meaning given by section 14; - “prohibited conduct” has the meaning given by section 15. (14) (1) For the purposes of section 13 an “interference effect” means any of the following effects— (a) interfering with the exercise by a particular person of a UK Convention right in the United Kingdom or an SBA Convention right in the Sovereign Base Areas, (b) affecting the exercise by any person of their public functions, (c) interfering with whether, or how, any person makes use of services provided in the exercise of public functions, (d) interfering with whether, or how, any person (other than in the exercise of a public function) participates in relevant political processes or makes political decisions, (e) interfering with whether, or how, any person (other than in the exercise of a public function) participates in legal processes under the law of the United Kingdom or the Sovereign Base Areas, or (f) prejudicing the safety or interests of the United Kingdom or the Sovereign Base Areas. (2) An effect may be an interference effect whether it relates to a specific instance of a matter mentioned in subsection (1), or to the matter in general. (3) In subsection (1)(d) “relevant political processes” means— (a) an election or referendum in the United Kingdom, (b) the proceedings of a local authority, (c) the proceedings of a UK registered political party, or (d) the activities of an informal group consisting of or including members of— (i) one or both of the Houses of Parliament, (ii) the Northern Ireland Assembly, (iii) the Scottish Parliament, or (iv) Senedd Cymru, (acting in that capacity). (4) In subsection (1)(d) “political decisions” means decisions of— (a) a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975[^f00011]) or a United Kingdom government department, (b) 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[^f00012], a Northern Ireland department or the Executive Committee of the Northern Ireland Assembly, (c) the Scottish Ministers or the First Minister for Scotland, (d) the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Government, or (e) a local authority. (5) In this section— - the “law of the United Kingdom” includes the law of any part of the United Kingdom; - “local authority” means— in England— a county council; a district council; a London borough council; a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009[^f00013]; a parish council; the Council of the Isles of Scilly; the Common Council of the City of London; the Sub-Treasurer of the Inner Temple; the Under Treasurer of the Middle Temple; in Wales, a county council, county borough council or community council; in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994[^f00014]; in Northern Ireland, a district council; - “public functions” means functions of a public nature— exercisable in the United Kingdom or the Sovereign Base Areas, or exercisable in a country or territory outside the United Kingdom or the Sovereign Base Areas by a person acting for or on behalf of, or holding office under, the Crown; - “SBA Convention rights” are— the rights defined in section 2 of the Human Rights Ordinance 2004[^f00015] and set out in Schedule 1 of the same Ordinance, the property right set out in sections 2 and 3 of the Protection of Property Ordinance 2004[^f00016], and the right to education set out in sections 2 and 3 of the Right to Education Ordinance 2005[^f00017]; - “UK Convention rights” means the Convention rights as defined in section 1 of the Human Rights Act 1998[^f00018]; - “UK registered political party” means a political party registered under Part 2 of the Political Parties, Elections and Referendums Act 2000[^f00019]. (15) (1) Conduct is prohibited conduct for the purposes of section 13 if— (a) it constitutes an offence, or (b) if it takes place in a country or territory outside the Sovereign Base Areas, it would constitute an offence if it took place in the Sovereign Base Areas. (2) Conduct is prohibited conduct for the purposes of section 13 if it involves coercion of any kind, including coercion by— (a) using or threatening to use violence against a person; (b) damaging or destroying, or threatening to damage or destroy, a person’s property; (c) damaging or threatening to damage a person’s reputation; (d) causing or threatening to cause financial loss to a person; (e) causing spiritual injury to, or placing undue spiritual pressure on, a person; (whether or not that person is the person to whom the interference effect relates). (3) Conduct is prohibited conduct for the purposes of section 13 if it involves making a misrepresentation. (4) A “misrepresentation” is a representation— (a) that a reasonable person would consider to be false or misleading in a way material to the interference effect, and (b) that the person making the representation knows or intends to be false or misleading in a way material to the interference effect. (5) A misrepresentation may be made by making a statement or by any other kind of conduct, and may be express or implied. (6) A misrepresentation may in particular include— (a) a misrepresentation as to a 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. (7) In this section “interference effect” has the meaning given by section 14. (17) (1) A person commits an offence if— (a) the person— (i) obtains, accepts or retains a material benefit which is not an excluded benefit, or (ii) obtains or accepts the provision of such a benefit to another person, (b) the benefit is or was provided by or on behalf of a foreign intelligence service, and (c) the person knows, or having regard to other matters known to them ought reasonably to know, that the benefit is or was provided by or on behalf of a foreign intelligence service. (2) A person commits an offence if— (a) the person agrees to accept— (i) a material benefit which is not an excluded benefit, or (ii) the provision of such a benefit to another person, (b) the benefit is to be provided by or on behalf of a foreign intelligence service, and (c) the person knows, or having regard to other matters known to them ought reasonably to know, that the benefit is to be provided by or on behalf of a foreign intelligence service. (3) Material benefits may include financial benefits, anything which has the potential to result in a financial benefit, and information. (4) A material benefit is an excluded benefit if— (a) it is provided as reasonable consideration for the provision of goods or services, and (b) the provision of those goods or services does not constitute an offence. (5) A benefit may be provided by or on behalf of a foreign intelligence service directly or indirectly (for example, it may be provided indirectly through one or more companies). (6) Subsections (1) and (2) apply to conduct outside the Sovereign Base Areas, but apply to conduct taking place wholly outside the Sovereign Base Areas only if— (a) the material benefit is or was, or is to be, provided in or from the United Kingdom or the Sovereign Base Areas, or (b) in any case, the person engaging in the conduct— (i) is a UK person, or (ii) 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 subsection (1) by virtue of retaining a benefit, it is a defence to show that the person had a reasonable excuse for retaining the benefit. (8) In proceedings for an offence under subsection (1) or (2) 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 or the Sovereign Base Areas 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 or the Sovereign Base Areas, for the purposes of those functions, or (c) in accordance with an agreement or arrangement to which— (i) the United Kingdom was, or the Sovereign Base Areas were, a party, or (ii) any person acting for or on behalf of, or holding office under, the Crown was (in that capacity) a party. (9) A person is taken to have shown a matter mentioned in subsection (7) or (8) 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. (10) A person who commits an offence under subsection (1) is liable on conviction to imprisonment for a term not exceeding 14 years or an unlimited fine (or both). (11) A person who commits an offence under subsection (2) is liable on conviction to imprisonment for a term not exceeding 10 years or an unlimited fine (or both). (12) The following terms have the same meaning as in section 3— - “Crown employment”; - “financial benefit”; - “foreign intelligence service”; - the “law of the United Kingdom”; - “UK person”. (18) (1) A person commits an offence if, with the intention of— (a) committing acts to which this section applies, or (b) acts to which this section applies being committed by another person, the person engages in any conduct in preparation for the commission of such acts. (2) It is immaterial whether the person’s intention relates to, or the person’s conduct is in preparation for, specific acts to which this section applies, or acts to which this section applies in general. (3) This section applies to— (a) acts which constitute an offence under— (i) section 1 (obtaining or disclosing protected information); (ii) section 2 (obtaining or disclosing trade secrets); (iii) section 4 (entering etc. a prohibited place for a purpose prejudicial to the United Kingdom or the Sovereign Base Areas); (iv) section 12 (sabotage); (b) acts within subsection (4) in relation to which the foreign power condition is met. (4) Acts are within this subsection if they— (a) involve serious violence against a person in the United Kingdom or the Sovereign Base Areas, (b) endanger the life of a person in the United Kingdom or the Sovereign Base Areas, or (c) create a serious risk to the health or safety of the public, or a section of the public, in the United Kingdom or the Sovereign Base Areas. (5) Subsection (1) applies whether the person’s conduct takes place in the Sovereign Base Areas or elsewhere. (6) A person who commits an offence under this section is liable on conviction to imprisonment for life or an unlimited fine (or both). (23) Schedule 2 confers powers of entry, search and seizure in relation to— (a) certain offences under this Part of this Act, and (b) acts or threats within section 33(3)(b) or (c). (24) Schedule 3 makes provision for disclosure orders. (27) (1) A police officer may arrest without warrant anyone who the officer reasonably suspects is, or has been, involved in foreign power threat activity. (2) Schedule 6 makes provision about detention under this section. (3) In this section and Schedule 6 references to involvement in foreign power threat activity do not include involvement in such activity occurring before this section comes into force. (28) (1) A power conferred on a police officer by virtue of this Part— (a) is additional to powers which the police officer has at common law or by virtue of any other enactment, and (b) is not to be taken as affecting those powers. (2) A police officer may if necessary use reasonable force for the purpose of exercising a power conferred on the police officer by virtue of this Part. (31) (1) For the purposes of this Part the foreign power condition is met in relation to a person’s conduct if— (a) the conduct in question, or a course of conduct of which it forms part, is carried out for or on behalf of a foreign power, and (b) the person knows, or having regard to other matters known to them ought reasonably to know, that to be the case. (2) The conduct in question, or a course of conduct of which it forms part, is in particular to be treated as carried out for or on behalf of a foreign power if— (a) it is instigated by a foreign power, (b) it is under the direction or control of a foreign power, (c) it is carried out with financial or other assistance provided by a foreign power for that purpose, or (d) it is carried out in collaboration with, or with the agreement of, a foreign power. (3) Subsections (1)(a) and (2) may be satisfied by a direct or indirect relationship between the conduct, or the course of conduct, and the foreign power (for example, there may be an indirect relationship through one or more companies). (4) A person’s conduct may form part of a course of conduct engaged in by the person alone, or by the person and one or more other persons. (5) The foreign power condition is also met in relation to a person’s conduct if the person intends the conduct in question to benefit a foreign power. (6) For the purposes of subsection (5) it is not necessary to identify a particular foreign power. (7) The foreign power condition may be met in relation to the conduct of a person who holds office in or under, or is an employee or other member of staff of, a foreign power, as it may be met in relation to the conduct of any other person. (32) (1) Except where subsection (5) applies, in this Part “foreign power” means— (a) the sovereign or other head of a foreign State in their public capacity, (b) a foreign government, or part of a foreign government, (c) an agency or authority of a foreign government, or of part of a foreign government, (d) an authority responsible for administering the affairs of an area within a foreign country or territory, or persons exercising the functions of such an authority, or (e) a political party which is a governing political party of a foreign government. (2) A political party is a governing political party of a foreign government if persons holding political or official posts in the foreign government or part of the foreign government— (a) hold those posts as a result of, or in the course of, their membership of the party, or (b) in exercising the functions of those posts, are subject to the direction or control of, or significantly influenced by, the party. (3) Subsection (1)(e) does not include a political party which is— (a) a governing political party of the government of the Republic of Ireland, and (b) a party registered under Part 2 of the Political Parties, Elections and Referendums Act 2000. (4) In this section— - “foreign country or territory” means a country or territory outside the United Kingdom, the Channel Islands, the Isle of Man or the British Overseas Territories; - “foreign government” means the government of a foreign country or territory; - a “government” includes persons exercising the functions of a government; - “territory” includes the constituent territories of a federal State. (5) This subsection applies to— (a) the government of the Republic of Cyprus, or part thereof, (b) an agency or authority of the Republic of Cyprus, or part thereof, or (c) an authority of the Republic of Cyprus that is responsible for administering the affairs of an area partly within the Republic of Cyprus and partly within the Sovereign Base Areas, and persons exercising the functions of such an authority, in carrying out delegated functions, conferred functions or other public functions in, or in respect of, the Sovereign Base Areas. (6) In subsection (5)— - “conferred function” has the meaning given by section 3(1) of the Conferral of Protocol Functions on the Republic Ordinance 2020[^f00020]; - “delegated function” has the meaning given by section 3(1) of the Delegation of Functions to the Republic Ordinance 2007[^f00021]. (33) (1) In this Part references to foreign power threat activity and to involvement in foreign power threat activity are to one or more of the following— (a) the commission, preparation or instigation of acts or threats within subsection (3); (b) conduct which facilitates (or is intended to facilitate) conduct falling within paragraph (a); (c) conduct which gives support or assistance to a person (“P”), where the person who engages in the conduct— (i) knows or believes P to be involved in, and (ii) engages in the conduct for the purpose of giving support or assistance to, conduct falling within paragraph (a). (2) It is immaterial whether the activity within subsection (1) relates to specific acts or threats within subsection (3), or to acts or threats within that subsection in general. (3) References to acts or threats within this subsection are to— (a) acts which constitute an offence under— (i) section 1 (obtaining or disclosing protected information); (ii) section 2 (obtaining or disclosing trade secrets); (iii) section 3 (assisting a foreign intelligence service); (iv) section 4 (entering etc. a prohibited place for a purpose prejudicial to the United Kingdom or the Sovereign Base Areas); (v) section 12 (sabotage); (vi) section 13 (foreign interference: general); (vii) section 17(1) (obtaining material benefits from a foreign intelligence service); (b) acts within subsection (4) in relation to which the foreign power condition is met; (c) threats to carry out acts within subsection (4), where the foreign power condition is met in relation to the threats. (4) Acts are within this subsection if they— (a) involve serious violence against another person, (b) endanger the life of another person, or (c) create a serious risk to the health or safety of the public or a section of the public. (34) In this Part— - “conduct” includes omissions and statements; - “foreign power” has the meaning given by section 32; - “the foreign power condition” has the meaning given by section 31; - “foreign power threat activity” and “involvement”, in relation to such activity, have the meaning given by section 33; - “information” includes information about tactics, techniques and procedures; - “police officer” means an officer of the Police Service (and includes the Chief Constable and Deputy Chief Constable of the Police Service and special constables); - “Police Service” means the Sovereign Base Areas Police Service; - “special constable” means a person who is duly sworn to perform the duties of a special constable under the law of the Sovereign Base Areas. (35) (1) If an offence under this Part is committed by a body— (a) with the consent or connivance of an officer of the body, or (b) due to any neglect on the part of such an officer, the officer, as well as the body, is guilty of the offence and liable to be proceeded against and punished accordingly. (2) In this section— - “body” means a body corporate, a partnership or an unincorporated body other than a partnership; - “officer of a body”— in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity; in relation to a partnership, means a partner or person purporting to act as a partner; in relation to an unincorporated body other than a partnership, means a person who is concerned in the management or control of the body or purports to act in the capacity of a person so concerned. (3) In subsection (2) “director” includes— (a) a person occupying in relation to a body corporate the position of a director (by whatever name called), (b) a person in accordance with whose directions or instructions (not being advice given in a professional capacity) the directors of that body are accustomed to act, and (c) a person who has an interest or right in, or in relation to, the body corporate that (whether alone or together with other interests or rights held by the person) enables the person materially to influence the policy of the body corporate. (4) If the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member's functions of management as if the member were a director of the body. (5) The Administrator may by regulations provide for the modification of any provision of this section in its application to a body corporate or unincorporated association or body formed or recognised under the law of a country or territory outside the Sovereign Base Areas. (36) (1) Where an offence under this Part may be committed by conduct taking place outside the Sovereign Base Areas, it may be so committed— (a) in the case of conduct by an individual, whatever the nationality of the individual, and (b) in the case of conduct by a person other than an individual, regardless of whether the body corporate or unincorporated association or body is formed or recognised under the law of a country or territory outside the Sovereign Base Areas. (2) Subsection (1) is subject to sections 3(5) and 17(6) (commission of offences under sections 3 and 17 by conduct outside the Sovereign Base Areas). (3) Where an offence under this Part is committed outside the Sovereign Base Areas, the offence may for all incidental purposes be treated as having been committed in the Sovereign Base Areas. (37) (1) This section applies to offences under this Part, except offences under— (a) section 5 (unauthorised entry to a prohibited place); (b) section 6 (prohibited place: failure to comply with order of police officer); (c) section 11 (cordoned area: failure to comply with order of police officer); (d) Schedule 2 (powers of entry, search and seizure); (e) Schedule 3 (disclosure orders). (2) Proceedings for an offence to which this section applies may be instituted only with the consent of the Attorney-General and Legal Adviser. (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 (other than where subsection (2) applies), and (c) relate to national security. (2) This subsection applies where the proceedings are brought under section 9(1)(a) of the Human Rights Ordinance 2004, including where proceedings are brought under that provision in relation to— (a) the property right (by virtue of section 4 of the Protection of Property Ordinance 2004), or (b) the right to education (by virtue of section 4 of the Right to Education Ordinance 2005). (3) 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 Ordinance 2012[^f00022], or the use of similar powers outside the Sovereign Base Areas in the interests of national security; (ii) the activities of the intelligence services within or outside the Sovereign Base Areas, or the activities of similar services outside the Sovereign Base Areas; (iii) investigations or other activities in connection with preventing the commission of terrorism offences or other involvement in terrorism-related activity within or outside the Sovereign Base Areas. (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 outside the United Kingdom and Sovereign Base Areas, 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 10 of the Human Rights Ordinance 2004 (including as applied to the property right by virtue of section 4 of the Protection of Property Ordinance 2004 and to the right to education by virtue of section 4 of the Right to Education Ordinance 2005). (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. (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, 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. (87) (1) 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” is any one or more of the following— the commission, preparation or instigation of acts of terrorism; conduct which facilitates the commission, preparation or instigation of such acts, or which is intended to do so; conduct which gives encouragement to the commission, preparation or instigation of such acts, or which is intended to do so; conduct which gives support or assistance to individuals who are known or believed by the individual concerned to be involved in conduct falling within paragraph (a); and it is immaterial whether the acts of terrorism in question are specific acts of terrorism or acts of terrorism in general; - “national security” means the national security of the United Kingdom or the Sovereign Base Areas (or both); - “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” has the meaning given by section 3 of the Counter-Terrorism Ordinance 2016[^f00023]; - “terrorism offence” means conduct specified in accordance with subsection (2). (2) The Administrator must specify by regulations the conduct which constitutes a terrorism offence for the purposes of sections 84 to 86 and this section. (3) Regulations under subsection (2) may in particular include— (a) an offence under the Counter-Terrorism Ordinance 2016 (whenever committed); (b) any other offence under Sovereign Base Area law in which a court determines there to be a terrorist connection (whenever committed); (c) a terrorism offence under UK law within the meaning of section 87 of the UK Act (whenever committed). (88) Schedule 16 makes provision in relation to damages at risk of being used for the purposes of terrorism. (94) Schedule 18 makes minor and consequential amendments. (96) (1) A power to make rules or regulations under any provision of this Act includes the power to make— (a) consequential, supplementary, incidental, transitional or saving provision; (b) different provision for different purposes or different areas. (2) Rules and regulations under this Act are to be made by public instrument (within the meaning of section 55 of the Interpretation Ordinance 2012[^f00024]). (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.