National Security Act 2023 (c. 32)

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

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

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

I1 S. 32 not in force at Royal Assent, see s. 100(1)

I2 S. 32 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(a)