National Security Act 2023

Preparatory conductU.K.

18Preparatory conductU.K.

(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 UK);

(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,

(b)endanger the life of a person in the United Kingdom, or

(c)create a serious risk to the health or safety of the public, or a section of the public, in the United Kingdom.

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

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

Commencement Information

I1S. 18 not in force at Royal Assent, see s. 100(1)

I2S. 18 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(a)