Part 1Espionage, sabotage and persons acting for foreign powers

Foreign interference

I1I214Foreign interference: meaning of “interference effect”

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 Convention right in the United Kingdom,

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

f

prejudicing the safety or interests of the United Kingdom.

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 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) 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, 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—

  • “Convention rights” has the meaning given by section 1 of the Human Rights Act 1998;

  • the “law of the United Kingdom” includes the law of any part of the United Kingdom;

  • “local authority” means—

    1. a

      in England—

      1. i

        a county council;

      2. ii

        a district council;

      3. iii

        a London borough council;

      4. iv

        a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;

      5. v

        a parish council;

      6. vi

        the Council of the Isles of Scilly;

      7. vii

        the Common Council of the City of London;

      8. viii

        the Sub-Treasurer of the Inner Temple;

      9. ix

        the Under Treasurer of the Middle Temple;

    2. b

      in Wales, a county council, county borough council or community council;

    3. c

      in Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

    4. d

      in Northern Ireland, a district council;

  • “public functions” means functions of a public nature—

    1. a

      exercisable in the United Kingdom, or

    2. b

      exercisable in a country or territory outside the United Kingdom by a person acting for or on behalf of, or holding office under, the Crown;

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