National Security Act 2023

Foreign power condition and foreign power threat activity U.K.

31 The foreign power condition U.K.

(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.

Modifications etc. (not altering text)

C1 S. 31 applied (20.12.2023) by 2020 c. 17, s. 69A (as inserted by National Security Act 2023 (c. 32), ss. 19(2), 100(1) (with s. 97); S.I. 2023/1272, reg. 2(a))

Commencement Information

I1 S. 31 not in force at Royal Assent, see s. 100(1)

I2 S. 31 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(a)

32 Meaning of “foreign power” U.K.

(1) 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.

Commencement Information

I3 S. 32 not in force at Royal Assent, see s. 100(1)

I4 S. 32 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(a)

33 Foreign power threat activity and involvement in that activity U.K.

(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 UK);

(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.

Commencement Information

I5 S. 33 not in force at Royal Assent, see s. 100(1)

I6 S. 33 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(a)