National Security Act 2023 (c. 32)

Part 1 U.K. Espionage, sabotage and persons acting for foreign powers

Foreign interference U.K.

14 Foreign interference: meaning of “interference effect” U.K.

(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—

  (a)

  in England—

  (i)

  a county council;

  (ii)

  a district council;

  (iii)

  a London borough council;

  (iv)

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

  (v)

  a parish council;

  (vi)

  the Council of the Isles of Scilly;

  (vii)

  the Common Council of the City of London;

  (viii)

  the Sub-Treasurer of the Inner Temple;

  (ix)

  the Under Treasurer of the Middle Temple;

  (b)

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

  (c)

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

  (d)

  in Northern Ireland, a district council;

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

  (a)

  exercisable in the United Kingdom, or

  (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.

Commencement Information

I1 S. 14 not in force at Royal Assent, see s. 100(1)

I2 S. 14 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(a)