National Security Act 2023

This is the original version (as it was originally enacted).

  1. Introductory Text
  2. Part 1 Espionage, sabotage and persons acting for foreign powers
    1. Espionage etc
      1. 1.Obtaining or disclosing protected information
      2. 2.Obtaining or disclosing trade secrets
      3. 3.Assisting a foreign intelligence service
      1. 4.Entering etc a prohibited place for a purpose prejudicial to the UK
      2. 5.Unauthorised entry etc to a prohibited place
      3. 6.Powers of police officers in relation to a prohibited place
      4. 7.Meaning of “prohibited place”
      5. 8.Power to designate additional sites as prohibited places
      6. 9.Power to designate a cordoned area to secure defence aircraft
      7. 10.Duration of cordon
      8. 11.Powers of police in relation to a cordoned area
      1. 12.Sabotage
      1. 13.Foreign interference: general
      2. 14.Foreign interference: meaning of “interference effect”
      3. 15.Foreign interference: meaning of “prohibited conduct”
      4. 16.Foreign interference in elections
      1. 17.Obtaining etc material benefits from a foreign intelligence service
      1. 18.Preparatory conduct
      1. 19.Aggravating factor where foreign power condition met: England and Wales
      2. 20.Aggravating factor where foreign power condition met: Northern Ireland
      3. 21.Aggravating factor where foreign power condition met: Scotland
      4. 22.Aggravating factor where foreign power condition met: armed forces
      1. 23.Powers of search etc
      2. 24.Disclosure orders
      3. 25.Customer information orders
      4. 26.Account monitoring orders
      5. 27.Arrest without warrant
      6. 28.Use of reasonable force
      7. 29.Border security
      8. 30.Offences under Part 2 of the Serious Crime Act 2007
      1. 31.The foreign power condition
      2. 32.Meaning of “foreign power”
      3. 33.Foreign power threat activity and involvement in that activity
      1. 34.Interpretation
      2. 35.Offences by bodies corporate etc
      3. 36.Offences committed outside the United Kingdom
      4. 37.Consents to prosecutions
      5. 38.Power to exclude the public from proceedings
      1. Imposition of prevention and investigation measures
        1. 39.Power to impose prevention and investigation measures
        2. 40.Conditions A to E
        1. 41.Five year limit for Part 2 notices
        1. 42.Prior permission of the court
        2. 43.Urgent cases: reference to the court etc
        3. 44.Directions hearing
        4. 45.Review hearing
        1. 46.Criminal investigations into foreign power threat activity
        1. 47.Review of ongoing necessity
        1. 48.Variation of measures
        2. 49.Revocation and revival of Part 2 notices
        3. 50.Replacement of a Part 2 notice that is quashed etc
        4. 51.Other provision relating to the quashing of Part 2 notice
        1. 52.Appeals
        2. 53.Jurisdiction in relation to decisions under this Part
        3. 54.Proceedings relating to measures
        1. 55.Reports on exercise of powers under this Part
        1. 56.Offence
        2. 57.Powers of entry etc
        3. 58.Fingerprints and samples
        1. 59.Notices
        2. 60.Contracts
        3. 61.Legal aid in relation to Part 2 notices
        4. 62.Interpretation etc
        1. 63.Reviews: general
        2. 64.Reviews of detention under Part 1
        1. Activities of specified persons
          1. 65.Requirement to register foreign activity arrangements
          2. 66.Meaning of “specified person”
          3. 67.Offence of carrying out etc relevant activities pursuant to unregistered foreign activity arrangement
          4. 68.Requirement to register relevant activities of specified persons
          1. 69.Requirement to register foreign influence arrangements
          2. 70.Meaning of “political influence activity”
          3. 71.Offence of carrying out etc political influence activities pursuant to unregistered foreign influence arrangement
          4. 72.Requirement to register political influence activities of foreign powers
          1. 73.Exemptions
          1. 74.Registration information
          2. 75.Information notices
          3. 76.Confidential material
          4. 77.Offence of providing false information
          5. 78.Offence of carrying out activities under arrangements tainted by false information
          6. 79.Publication and disclosure of information
          1. 80.Offences: penalties
          2. 81.Offences: supplementary provision
          1. 82.Annual report
          2. 83.Interpretation
          1. Damages in national security proceedings
            1. 84.National security proceedings
            2. 85.Duty to consider reduction in damages payable by the Crown
            3. 86.Section 85: supplementary
            4. 87.Sections 84 to 86: interpretation
            1. 88.Damages at risk of being used for the purposes of terrorism
            1. 89.Legal aid for individuals convicted of terrorism offences
            2. 90.Legal aid for individuals convicted of terrorism offences: data sharing
            3. 91.Legal aid in relation to terrorism prevention and investigation measures
            1. 92.Amendments of the Terrorism Act 2000
            1. Intelligence and Security Committee
              1. 93.Intelligence and Security Committee: memorandum of understanding
              1. 94.Minor and consequential amendments
              2. 95.Power to make consequential amendments
              3. 96.Regulations
              4. 97.Crown application
              5. 98.Extent in the United Kingdom
              6. 99.Extent outside the United Kingdom
              7. 100.Commencement
              8. 101.Transitional and saving provision
              9. 102.Short title
              1. Schedule 1Foreign interference in elections
                1. Part 1 Relevant electoral offences
                2. Part 2 Amendments
                  1. 1.Electoral Law Act (Northern Ireland) 1962 (c.14 (N.I.))
                  2. 2.Representation of the People Act 1983 (c. 2)
                  3. 3.Political Parties, Elections and Referendums Act 2000 (c. 41)
                  1. Part 1 England and Wales and Northern Ireland
                    1. 1.Introductory
                    2. 2.Material other than confidential material: search, seizure and retention
                    3. 3.Confidential material: production orders
                    4. 4.(1) A constable may apply to a judge for an.
                    5. 5.Production orders: supplementary provision
                    6. 6.(1) An order under paragraph 3 or 4—
                    7. 7.(1) An order under paragraph 3 or 4 may be.
                    8. 8.An order under paragraph 3 or 4 has effect as.
                    9. 9.Confidential material: search, seizure and retention
                    10. 10.Explanations
                    11. 11.(1) A person commits an offence if, in purported compliance.
                    12. 12.Urgent cases
                    13. 13.(1) This paragraph applies where confidential journalistic material is seized.
                    14. 14.(1) If a police officer of at least the rank.
                    15. 15.Application of PACE
                    16. 16.Procedure rules
                    17. 17.Interpretation
                    1. 18.Introductory
                    2. 19.Production orders
                    3. 20.(1) The procurator fiscal may apply to a sheriff for.
                    4. 21.Production orders: supplementary
                    5. 22.(1) An order under paragraph 19 or 20 has effect.
                    6. 23.(1) An order under paragraph 19 or 20 may be.
                    7. 24.(1) Without prejudice to section 305 of the Criminal Procedure.
                    8. 25.Search, seizure and retention
                    9. 26.Explanations
                    10. 27.Urgent cases
                    11. 28.(1) This paragraph applies where confidential journalistic material is seized.
                    12. 29.(1) If a police officer of at least the rank.
                    13. 30.Supplementary
                    1. Part 1 England and Wales and Northern Ireland
                      1. 1.Introductory
                      2. 2.Disclosure orders
                      3. 3.Supplementary provision
                      4. 4.Applications
                      5. 5.Discharge or variation
                      6. 6.Rules of court
                      7. 7.Offences
                      8. 8.Statements
                      9. 9.Interpretation
                      1. 10.Introductory
                      2. 11.Disclosure orders
                      3. 12.Supplementary provision
                      4. 13.Applications
                      5. 14.Discharge or variation
                      6. 15.Rules of court
                      7. 16.Offences
                      8. 17.Statements
                      9. 18.Interpretation
                      1. 1.Customer information orders
                      2. 2.Supplementary provision
                      3. 3.Applications
                      4. 4.Discharge or variation
                      5. 5.Rules of court
                      6. 6.Offences
                      7. 7.Statements
                      8. 8.Interpretation
                      1. 1.Account monitoring orders
                      2. 2.Applications
                      3. 3.Discharge or variation
                      4. 4.Rules of court
                      5. 5.Effect of orders
                      6. 6.Statements
                      7. 7.Interpretation
                      1. Part 1 Treatment of persons detained under section 27
                        1. 1.Place of detention
                        2. 2.Identification
                        3. 3.Video recording of interviews
                        4. 4.(1) Before issuing a code of practice under paragraph 3.
                        5. 5.Status
                        1. 6.Right to have named person informed of detention
                        2. 7.Right to consult a solicitor
                        3. 8.(1) Where a person exercises the right under paragraph 7.
                        4. 9.Delay in exercise of rights
                        5. 10.Taking of intimate and non-intimate samples
                        6. 11.(1) Before fingerprints or a sample are taken from a.
                        7. 12.(1) This paragraph applies where— (a) two or more non-intimate.
                        8. 13.(1) Where appropriate written consent to the taking of an.
                        9. 14.(1) In the application of paragraphs 10 to 13 in.
                        1. 15.(1) A person detained under section 27 at a place.
                        2. 16.(1) Where a person exercises the right under paragraph 15(6).
                        3. 17.(1) Paragraphs 15 and 16 have effect, in relation to.
                        4. 18.(1) Subject to the modifications specified in sub-paragraphs (2) and.
                        1. 19.Retention of fingerprints and samples etc: general
                        2. 20.(1) This paragraph applies to paragraph 19 material relating to.
                        3. 21.(1) For the purposes of paragraph 20, a person is.
                        4. 22.Retention of material covered by a national security determination
                        5. 23.Fingerprints and relevant physical data: further provision
                        6. 24.(1) If fingerprints or relevant physical data are required by.
                        7. 25.Samples: further provision
                        8. 26.Restrictions on use of retained material
                        9. 27.Material disclosable in connection with a criminal investigation
                        10. 28.Interpretation
                        1. 29.Requirement
                        2. 30.Postponement
                        3. 31.Grounds for continued detention
                        4. 32.Review officer
                        5. 33.(1) This paragraph applies where— (a) the review officer is.
                        6. 34.Representations
                        7. 35.Rights
                        8. 36.Record
                        1. 37.Warrants of further detention
                        2. 38.Time limit
                        3. 39.Notice
                        4. 40.Grounds for extension
                        5. 41.Representation
                        6. 42.Information
                        7. 43.Adjournments
                        8. 44.Extensions of warrants
                        9. 45.Detention - conditions
                        1. 46.(1) The Secretary of State may make temporary extension regulations.
                        1. Part 1 Measures
                          1. 1.Residence measure
                          2. 2.Travel measure
                          3. 3.Exclusion measure
                          4. 4.Movement directions measure
                          5. 5.Financial services measure
                          6. 6.Property measure
                          7. 7.Weapons and explosives measure
                          8. 8.Electronic communication device measure
                          9. 9.Association measure
                          10. 10.Work or studies measure
                          11. 11.Reporting measure
                          12. 12.Polygraph measure
                          13. 13.Appointments measure
                          14. 14.Photography measure
                          15. 15.Monitoring measure
                          16. 16.Provision of residence information measure
                          1. 17.Permission
                          2. 18.Notices
                          3. 19.Power of Secretary of State to vary or revoke notices
                          1. 1.Application
                          2. 2.Statement of urgency
                          3. 3.Reference to court
                          4. 4.Decision by court
                          5. 5.Procedures on reference
                          6. 6.Interpretation
                          1. 1.An individual who has been convicted of an offence under.
                          2. 2.An appeal under this Schedule is to be made—
                          3. 3.(1) The right of appeal under this Schedule does not.
                          4. 4.(1) On an appeal under this Schedule to any court.
                          1. 1.Introductory
                          2. 2.Rules of court: general provision
                          3. 3.Rules of court: disclosure
                          4. 4.(1) Rules of court relating to relevant proceedings or appeal.
                          5. 5.Article 6 rights
                          6. 6.Rules of court: anonymity
                          7. 7.Initial exercise of rule-making powers by Lord Chancellor
                          8. 8.Use of advisers
                          9. 9.(1) The Lord President of the Court of Session may.
                          10. 10.Appointment of special advocate
                          1. 1.Introductory
                          2. 2.A power conferred on a constable by virtue of this.
                          3. 3.A constable may detain an individual for the purpose of.
                          4. 4.A constable may use reasonable force, if necessary, for the.
                          5. 5.Entry and search for purposes of serving a Part 2 notice
                          6. 6.Search of individual or premises at time of serving a Part 2 notice
                          7. 7.Search of premises on suspicion of absconding
                          8. 8.Search for compliance purposes
                          9. 9.(1) This paragraph applies in relation to a warrant issued.
                          10. 10.Search of individual for public safety purposes
                          11. 11.Power to retain items
                          12. 12.(1) This paragraph applies if— (a) a device is surrendered.
                          1. 1.Taking of fingerprints and samples: England, Wales and Northern Ireland
                          2. 2.(1) A constable may exercise the power under paragraph 1.
                          3. 3.(1) A constable may— (a) require an individual to attend.
                          4. 4.Taking of relevant physical data and samples: Scotland
                          5. 5.Checking of fingerprints, samples etc
                          6. 6.Requirement to destroy material
                          7. 7.(1) If fingerprints or relevant physical data are required by.
                          8. 8.Retention of paragraph 6 material
                          9. 9.(1) This paragraph applies to paragraph 6 material taken from.
                          10. 10.(1) For the purposes of paragraphs 8 and 9 an.
                          11. 11.(1) Paragraph 6 material may be retained for as long.
                          12. 12.(1) This paragraph applies where paragraph 6 material is or.
                          13. 13.Requirement to destroy samples
                          14. 14.Use of retained material
                          15. 15.Interpretation
                          1. Part 1 Conditions for control
                            1. 1.(1) A person is controlled by a foreign power if.
                            2. 2.In this Schedule “officer”— (a) in relation to a body.
                            1. 3.Interpretation
                            2. 4.Joint interests
                            3. 5.Joint arrangements
                            4. 6.Calculating shareholdings
                            5. 7.Voting rights
                            6. 8.In applying this Schedule, the voting rights in a person.
                            7. 9.Shares or rights held “indirectly”
                            8. 10.Shares held by nominees
                            9. 11.Rights treated as held by person who controls their exercise
                            10. 12.(1) For the purposes of this Schedule, “arrangement” includes—
                            11. 13.Rights exercisable only in certain circumstances etc
                            12. 14.Rights attached to shares held by way of security
                            1. 15.(1) The Secretary of State may by regulations amend this.
                            1. 1.Ministers
                            2. 2.A Northern Ireland Minister, the First Minister in Northern Ireland.
                            3. 3.The First Minister for Scotland, a Minister appointed under section.
                            4. 4.The First Minister for Wales, a Welsh Minister appointed under.
                            5. 5.MPs etc
                            6. 6.A member of the Northern Ireland Assembly.
                            7. 7.A member of the Scottish Parliament.
                            8. 8.A member of Senedd Cymru.
                            9. 9.An employee or other member of staff of a person.
                            10. 10.Local government
                            11. 11.A mayor for the area of a combined authority established.
                            12. 12.Political parties
                            13. 13.A member of such a political party who exercises executive.
                            14. 14.Election candidates
                            15. 15.A candidate at an election for a relevant Scottish elective.
                            16. 16.Civil servants
                            17. 17.Military personnel
                            18. 18.Police
                            19. 19.A police and crime commissioner.
                            20. 20.A person of one of the following ranks of the.
                            21. 21.The Commissioner of Police for the City of London or.
                            22. 22.The chief constable or deputy chief constable of the Police.
                            23. 23.The chief constable or a deputy chief constable of the.
                            24. 24.The chief constable or a deputy chief constable of the.
                            25. 25.The chief constable or deputy chief constable of the British.
                            26. 26.The chief constable or deputy chief constable of the Civil.
                            27. 27.Persons exercising public functions
                            1. 1.UK arrangements
                            2. 2.Foreign powers
                            3. 3.Diplomatic missions etc
                            4. 4.Recognised news publishers
                            5. 5.(1) In paragraph 4, “recognised news publisher” means any of.
                            6. 6.Legal activities
                            7. 7.Employees etc
                            8. 8.Power to provide for further exemptions
                            1. 1.Freezing orders
                            2. 2.Extension of freezing order
                            3. 3.Forfeiture
                            4. 4.Interpretation
                            5. 5.(1) In the application of this Schedule to Northern Ireland.
                            1. 1.(1) Section 41 to the Terrorism Act 2000 (arrest without.
                            2. 2.(1) Schedule 5 to the Terrorism Act 2000 (terrorist investigations).
                            1. 1.Official Secrets Act 1911 (c. 28)
                            2. 2.Official Secrets Act 1920 (c. 75)
                            3. 3.Official Secrets Act 1939 (c. 121)
                            4. 4.Police and Criminal Evidence Act 1984 (c. 60)
                            5. 5.Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12))
                            6. 6.Official Secrets Act 1989 (c. 6)
                            7. 7.Criminal Procedure (Scotland) Act 1995 (c. 46)
                            8. 8.Protection of Freedoms Act 2012 (c. 9)
                            9. 9.Modern Slavery Act 2015 (c. 30)
                            10. 10.Investigatory Powers Act 2016 (c. 25)
                            11. 11.Counter-Terrorism and Border Security Act 2019 (c. 3)

                            Options/Help

                            Print Options

                            Print Table of Contents

                            Print The Whole Act

                            • PDF The Whole Act
                            • Web page The Whole Act

                            You have chosen to open The Whole Act

                            The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

                            Would you like to continue?

                            You have chosen to open The Whole Act as a PDF

                            The Whole Act you have selected contains over 200 provisions and might take some time to download.

                            Would you like to continue?

                            You have chosen to open the Whole Act

                            The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

                            Would you like to continue?

                            You have chosen to open Schedules only

                            The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

                            Would you like to continue?

                            Legislation is available in different versions:

                            Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

                            Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

                            Opening Options

                            Different options to open legislation in order to view more content on screen at once

                            Explanatory Notes

                            Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

                            More Resources

                            Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

                            • the original print PDF of the as enacted version that was used for the print copy
                            • lists of changes made by and/or affecting this legislation item
                            • confers power and blanket amendment details
                            • all formats of all associated documents
                            • correction slips
                            • links to related legislation and further information resources

                            More Resources

                            Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

                            • the original print PDF of the as enacted version that was used for the print copy
                            • correction slips

                            Click 'View More' or select 'More Resources' tab for additional information including:

                            • lists of changes made by and/or affecting this legislation item
                            • confers power and blanket amendment details
                            • all formats of all associated documents
                            • links to related legislation and further information resources

                            All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.

                            © Crown and database right