National Security Act 2023
A person commits an offence if—
the person—
obtains, copies, records or retains protected information, or
discloses or provides access to protected information,
the person’s conduct is for a purpose that they know, or having regard to other matters known to them ought reasonably to know, is prejudicial to the safety or interests of the United Kingdom, and
the foreign power condition or the designated body condition is met in relation to the person’s conduct (see sections 31 and 33B).
In this section “protected information” means any information, document or other article where, for the purpose of protecting the safety or interests of the United Kingdom—
access to the information, document or other article is restricted in any way, or
it is reasonable to expect that access to the information, document or other article would be restricted in any way.
Subsection (1) applies whether the person’s conduct takes place in the United Kingdom or elsewhere.
A person who commits an offence under this section is liable on conviction on indictment to imprisonment for life or a fine (or both).
For the purposes of this section—
a person retains protected information if the person retains it in their possession or under their control;
disclosure includes parting with possession.
A person commits an offence if—
the person—
obtains, copies, records or retains a trade secret, or
discloses or provides access to a trade secret,
the person’s conduct is unauthorised,
the person knows, or having regard to other matters known to them ought reasonably to know, that their conduct is unauthorised, and
the foreign power condition or the designated body condition is met in relation to the person’s conduct (see sections 31 and 33B).
A “trade secret” means any information, document or other article which—
is not generally known by, or available to, persons with knowledge of or expertise in the field to which it relates,
has actual or potential industrial, economic or commercial value which would be, or could reasonably be expected to be, adversely affected if it became generally known by, or available to, such persons, and
could reasonably be expected to be subject to measures to prevent it becoming generally known by, or available to, such persons (whether or not it is actually subject to such measures).
A person’s conduct is unauthorised if the person—
is not entitled to determine whether they may engage in the conduct, and
does not have consent to engage in the conduct from a person who is so entitled.
Subsection (1) applies whether the person’s conduct takes place in the United Kingdom or elsewhere (but see subsection (5)).
Conduct within subsection (1) which takes place wholly outside the United Kingdom constitutes an offence only if the trade secret is in the possession or under the control of a UK person.
A “UK person” means—
a United Kingdom national;
an individual who lives in the United Kingdom;
a body incorporated under the law of a part of the United Kingdom;
an unincorporated association formed under the law of a part of the United Kingdom.
A “United Kingdom national” is an individual who is—
a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,
a person who under the British Nationality Act 1981 is a British subject, or
a British protected person within the meaning of that Act.
A person who commits an offence under this section is liable on conviction on indictment to imprisonment for a term not exceeding 14 years or a fine (or both).
For the purposes of this section—
a person retains a trade secret if they retain it in their possession or under their control;
disclosure includes parting with possession.
A person commits an offence if the person—
engages in conduct of any kind, and
intends that conduct to materially assist a foreign intelligence service in carrying out UK-related activities.
A person commits an offence if the person—
engages in conduct that is likely to materially assist a foreign intelligence service in carrying out UK-related activities, and
knows, or having regard to other matters known to them ought reasonably to know, that their conduct is likely to materially assist a foreign intelligence service in carrying out UK-related activities.
Conduct that may be likely to materially assist a foreign intelligence service includes providing, or providing access to, information, goods, services or financial benefits (whether directly or indirectly).
“UK-related activities” means—
activities taking place in the United Kingdom;
activities taking place outside the United Kingdom which are prejudicial to the safety or interests of the United Kingdom.
For the purposes of subsections (1) and (2) it is not necessary to identify a particular foreign intelligence service.
Subsections (1) and (2) apply to conduct outside the United Kingdom, but apply to conduct taking place wholly outside the United Kingdom only if the person engaging in the conduct—
is a UK person, or
acts for or on behalf of, or holds office under, the Crown, or is in Crown employment (whether or not they engage in the conduct in that capacity).
In proceedings for an offence under this section it is a defence to show that the person engaged in the conduct in question—
in compliance with a legal obligation under the law of the United Kingdom which is not a legal obligation under private law,
in the case of a person having functions of a public nature under the law of the United Kingdom, for the purposes of those functions,
as a lawyer carrying on a legal activity, or
in accordance with, or in relation to UK-related activities carried out in accordance with, an agreement or arrangement to which—
the United Kingdom was a party, or
any person acting for or on behalf of, or holding office under, the Crown was (in that capacity) a party.
A person is taken to have shown a matter mentioned in subsection (7) if—
sufficient evidence of the matter is adduced to raise an issue with respect to it, and
the contrary is not proved beyond reasonable doubt.
A person who commits an offence under this section is liable on conviction on indictment to imprisonment for a term not exceeding 14 years or a fine (or both).
In this section—
“foreign power threat activity” and “involvement”, in relation to such activity, have the meaning given by section 33;
This Part of this Schedule applies in Scotland. In this Part of this Schedule “relevant investigation” and “relevant property” have the same meaning as in Part 1 of this Schedule.
An application for a disclosure order may be made without notice to a judge of the High Court of Justiciary.
A person commits an offence if without reasonable excuse the person fails to comply with a requirement imposed under a disclosure order. A person guilty of an offence under sub-paragraph (1) is liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both). A person commits an offence if, in purported compliance with a requirement imposed under a disclosure order, the person— A person guilty of an offence under sub-paragraph (3) is liable—
A police officer of at least the rank of superintendent may authorise a delay— But the detained person must be permitted to exercise the rights under paragraphs 6 and 7 before the end of the period mentioned in section 27(3). An officer may authorise a delay under sub-paragraph (1) only if the officer has reasonable grounds for believing— An officer may also authorise a delay under sub-paragraph (1) if the officer has reasonable grounds for believing that— For the purposes of sub-paragraph (4), whether the detained person has benefited from their criminal conduct is to be decided in accordance with Part 2 or 4 of the Proceeds of Crime Act 2002. Where an officer authorises a delay under sub-paragraph (1) orally, the officer must confirm it in writing as soon as is reasonably practicable. Where an officer authorises a delay under sub-paragraph (1)— Where the reason for authorising delay no longer applies, there may be no further delay in permitting the exercise of the right in the absence of a further authorisation under sub-paragraph (1).
The Secretary of State may impose restrictions on the individual entering— But the Secretary of State may not impose restrictions on the individual entering the United Kingdom. The Secretary of State may, in particular, impose any of the following requirements in respect of a specified area or place or a specified description of an area or place—
The Secretary of State may impose either or both of the following— The Secretary of State may, in particular, impose any of the following requirements— Property falls within this sub-paragraph if it is property of a specified description— A reference in this paragraph to the transfer of property includes a reference to the arrangement of such a transfer. In this paragraph “property” includes rights over, or in relation to, property (including rights of use and rights to grant access); and a reference to the transfer of property includes a reference to the acquisition or disposal of such rights.
The Secretary of State may impose restrictions on the individual’s association or communication with other persons. The Secretary of State may, in particular, impose any of the following requirements— An individual associates or communicates with another person if the individual associates or communicates with that person by any means (and for this purpose it is immaterial whether the association or communication is carried out by the individual in person or by or through another individual or means).
The Secretary of State may impose a requirement for the individual— The Secretary of State may by regulations make provision relating to the conduct of polygraph sessions, which may include in particular— The measurement and recording of the physiological reactions of an individual while being questioned in the course of a polygraph examination must be done by means of equipment of a type approved by the Secretary of State. The following may not be used in evidence against the individual in any proceedings for an offence— In this paragraph—
The Secretary of State may impose requirements for the individual to co-operate with specified arrangements for enabling the individual’s movements, communications or other activities to be monitored by electronic or other means. The Secretary of State may, in particular, impose any of the following requirements for co-operation with the specified arrangements— Directions under sub-paragraph (2)(d) may include directions requiring the individual to grant access to the individual’s residence for the purpose of the inspection or modification of any apparatus used or maintained under the arrangements.
This paragraph applies for the purposes of any notice given by the individual to the Secretary of State in connection with measures imposed under Part 1 of this Schedule (“a Schedule 7 notice”). The Secretary of State may by notice specify— A notice under sub-paragraph (2) may make different provision for different measures. The Secretary of State may by notice request the provision, within such period of time as the notice may specify, of further information from the individual in connection with a Schedule 7 notice received from the individual. A requirement on the individual to give a Schedule 7 notice is not complied with unless and until the individual has received notice from the Secretary of State—
in relation to a partnership, means a partner or person purporting to act as a partner;
The Political Parties, Elections and Referendums Act 2000 is amended as follows. In section 147 (civil sanctions)— In section 150 (punishment of offences) at the end insert—
This Part of this Schedule applies in England and Wales and Northern Ireland. “Relevant investigation” means an investigation into the identification of relevant property or its movement or use. “Relevant property” means— The reference to proceeds of involvement in foreign power threat activity includes a reference to any money, other property or benefit in money’s worth, which wholly or partly, and directly or indirectly, represents the proceeds of the involvement (including payments or rewards in connection with the involvement). “Appropriate officer” means—
An application for a disclosure order may be made without notice to a judge in chambers.
A person commits an offence if without reasonable excuse the person fails to comply with a requirement imposed under a disclosure order. A person guilty of an offence under sub-paragraph (1) is liable— A person commits an offence if, in purported compliance with a requirement imposed under a disclosure order, the person— A person guilty of an offence under sub-paragraph (3) is liable—
A disclosure order does not confer the right to require a person— which the person would be entitled to refuse to answer, provide or produce in legal proceedings on grounds of confidentiality of communications. A disclosure order has effect despite any obligation as to secrecy or other restriction on the disclosure of information imposed by an enactment or otherwise. The Lord Advocate may take copies of any documents produced in compliance with a requirement to produce them imposed under a disclosure order. The documents may be retained for so long as it is necessary to retain them (as opposed to a copy of them) in connection with the investigation for the purposes of which the order was made. But if the Lord Advocate has reasonable grounds for believing that— they may be retained until the proceedings are concluded.
Provision may be made in rules of court as to the discharge and variation of disclosure orders. Rules of court are, without prejudice to section 305 of the Criminal Procedure (Scotland) Act 1995, to be made by Act of Adjournal.
This paragraph applies for the interpretation of this Part of this Schedule. “Disclosure order” has the meaning given by paragraph 11. “Document” means anything in which information of any description is recorded.
The Secretary of State may designate places at which persons may be detained under section 27. The power in sub-paragraph (1) may be exercised only in relation to land or a building in the United Kingdom which is owned or controlled by a police force. In this Schedule a reference to a police station includes a reference to any place which the Secretary of State has designated under sub-paragraph (1) as a place where a person may be detained under section 27. A constable who arrests a person under section 27 must take the person as soon as is reasonably practicable to the police station which the constable considers the most appropriate. Where a person is arrested under section 27 in one part of the United Kingdom and some or all of the person’s detention under that section takes place in another part, the provisions of this Schedule which apply to detention in a particular part of the United Kingdom apply in relation to the person while detained in that part. In this paragraph—
Before determining whether to authorise a person’s continued detention, a review officer must give either of the following persons an opportunity to make representations about the detention— Representations may be oral or written. A review officer may refuse to hear oral representations from the detained person if the officer considers that the person is unfit to make representations because of the person’s condition or behaviour.
An application for a warrant of further detention may not be heard unless the person to whom it relates has been given a notice stating—
that the application has been made,
the time at which the application was made,
the time at which it is to be heard, and
the grounds upon which further detention is sought.
A person who has made an application for a warrant may apply to the judicial authority for an order that specified information upon which the person intends to rely be withheld from— Subject to sub-paragraph (3), a judicial authority may make an order under sub-paragraph (1) in relation to specified information only if satisfied that there are reasonable grounds for believing that if the information were disclosed— A judicial authority may also make an order under sub-paragraph (1) in relation to specified information if satisfied that there are reasonable grounds for believing that— For the purposes of sub-paragraph (3) the question whether a person has benefited from their criminal conduct is to be decided in accordance with Part 2, 3 or 4 of the Proceeds of Crime Act 2002. The judicial authority may direct that the following be excluded from the hearing of the application under this paragraph—
This paragraph applies where— If, at any time, it appears to the police officer or other person in charge of the detained person’s case (“the officer in charge”) that any of the matters mentioned in paragraph 40(1)(a) and (b) on which the judicial authority last authorised the person’s further detention no longer apply, the officer in charge must— A person with custody of the detained person who is informed in accordance with this paragraph that those matters no longer apply must release the detained person immediately.
“damage” includes any of the following (whether permanent or temporary)—
A customer information order has effect despite any obligation as to secrecy or other restriction on the disclosure of information imposed by an enactment or otherwise.
Rules of court may make provision as to the practice and procedure to be followed in connection with proceedings relating to customer information orders. In Scotland rules of court are, without prejudice to section 305 of the Criminal Procedure (Scotland) Act 1995, to be made by Act of Adjournal.
This paragraph applies for the interpretation of this Schedule. “Appropriate officer” has the meaning given by paragraph 1(3). “The court” means— “Customer information”— “Financial institution” has the same meaning as in Schedule 6 to the Terrorism Act 2000 (see paragraph 6 of that Schedule). “Judge” means— “Senior officer” means—
This Schedule applies if the Secretary of State—
makes the relevant decisions in relation to an individual, and
imposes measures on the individual.
A candidate at an election for a relevant elective office (within the meaning of section 37 of the Elections Act 2022).
The chief constable or deputy chief constable of a police force maintained under section 2 of the Police Act 1996.
The following provisions do not apply to a foreign power—
section 65(4) (requirement to register foreign activity arrangements);
section 67(2) or (3) (offence of carrying out activities under unregistered foreign activity arrangement);
section 69(3) (requirement to register foreign influence arrangements);
section 71(2) or (3) (offence of carrying out activities under unregistered foreign influence arrangement);
section 78(1) and (2) (offences of carrying out activities tainted by false information).
A candidate at an election for a relevant Scottish elective office (within the meaning of that section).
A police and crime commissioner.
A person of one of the following ranks of the metropolitan police force—
Commissioner of Police of the Metropolis;
Deputy Commissioner of Police of the Metropolis;
Assistant Commissioner of Police of the Metropolis;
Deputy Assistant Commissioner of Police of the Metropolis.
The Commissioner of Police for the City of London or an Assistant Commissioner of Police for the City of London.
The chief constable or deputy chief constable of the Police Service of Northern Ireland.
The chief constable or a deputy chief constable of the Police Service of Scotland.
The chief constable or a deputy chief constable of the Ministry of Defence Police.
The chief constable or deputy chief constable of the British Transport Police Force.
The chief constable or deputy chief constable of the Civil Nuclear Constabulary.
“lawyer” has the meaning given by paragraph 6(3) of Schedule 15;
An application for an order under paragraph 3 or 4 may be made without notice to a judge in chambers.
Paragraph 19 material may be retained for as long as a national security determination made by a chief officer of police has effect in relation to the material. A national security determination is made if a chief officer of police determines that it is necessary for any paragraph 19 material to be retained for the purposes of national security. A national security determination— In this paragraph “chief officer of police” means—
Any material to which paragraph 19 or 25 applies must not be used other than— Subject to sub-paragraph (1), a relevant search (within the meaning given by paragraph 19(6)) may be carried out in relation to material to which paragraph 19 or 25 applies if the responsible chief officer of police considers the search to be desirable. Material which is required by paragraph 19 or 25 to be destroyed must not at any time after it is required to be destroyed be used— In this paragraph— Sub-paragraphs (1), (2) and (4) do not form part of the law of Scotland (but see instead section 19C of the Criminal Procedure (Scotland) Act 1995 (use of samples etc) (as amended by Schedule 18).
A review officer may authorise a person’s continued detention only if satisfied that it is necessary— The review officer may not authorise continued detention by virtue of sub-paragraph (1)(a) to (d) unless satisfied that the investigation in connection with which the person is detained is being conducted diligently and expeditiously. The review officer may not authorise continued detention by virtue of sub-paragraph (1)(e) to (h) unless satisfied that the process pending the completion of which detention is necessary is being conducted diligently and expeditiously. In this paragraph “relevant evidence” means evidence which relates to the detained person’s involvement in foreign power threat activity. In sub-paragraph (1) “deportation notice” means notice of a decision to make a deportation order under the Immigration Act 1971.
A review officer who authorises continued detention must inform the detained person— Where a review of a person’s detention is being carried out at a time when the person’s exercise of a right under paragraph 6 or 7 is being delayed, the review officer must— In the application of this paragraph to Scotland, for the references to paragraphs 6, 7 and 9 substitute references to paragraph 15. Article 8(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N.I. 9)) (requirement to bring an accused person before the court after arrest) does not apply in relation to a detained person.
An application for a warrant must be made— The judicial authority hearing an application made by virtue of sub-paragraph (1)(b) must dismiss the application if it considers that it would have been reasonably practicable to make it during the period mentioned in section 27(3). For the purposes of this Schedule, an application for a warrant is made when written or oral notice of an intention to make the application is given to a judicial authority.
The person to whom an application relates— A judicial authority must adjourn the hearing of an application to enable the person to whom the application relates to obtain legal representation where— A judicial authority may exclude any of the following persons from any part of the hearing— A judicial authority may, after giving an opportunity for representations to be made by or on behalf of the applicant and the person to whom the application relates, direct— by such means (whether a live television link or other means) falling within sub-paragraph (5) as may be specified in the direction and not in the presence (apart from by those means) of the applicant, of the person to whom the application relates or of any legal representative of that person. A means of conducting the hearing and of making representations falls within this sub-paragraph if it allows the person to whom the application relates and any legal representative of that person (without being present at the hearing and to the extent that they are not excluded from it under sub-paragraph (3))— If the person to whom the application relates wishes to make representations about whether a direction should be given under sub-paragraph (4), the person must do so by using the facilities that will be used if the judicial authority decides to give a direction under that sub-paragraph. Sub-paragraph (2) applies to the hearing of representations about whether a direction should be given under sub-paragraph (4) in the case of any application as it applies to a hearing of the application. A judicial authority may not give a direction under sub-paragraph (4) unless— If in a case where it has power to do so a judicial authority decides not to give a direction under sub-paragraph (4), it shall state its reasons for not giving it.
Each of the following— may apply for the extension or further extension of the period specified in a warrant of further detention. The person to whom an application under sub-paragraph (1) may be made is a judicial authority. Where the period specified is extended, the warrant must be endorsed with a note stating the new specified period. Subject to sub-paragraph (6), the period by which the specified period is extended or further extended is the period which— The time referred to in sub-paragraph (4)(a) is— A judicial authority may extend or further extend the period specified in a warrant by a shorter period than is required by sub-paragraph (4) if— Paragraphs 38(3) and 39 to 42 apply to an application under this paragraph as they apply to an application for a warrant of further detention. A judicial authority may adjourn the hearing of an application under sub-paragraph (1) only if the hearing is adjourned to a date before the expiry of the period specified in the warrant. Sub-paragraph (8) does not apply to an adjournment under paragraph 41(2).
An officer, trustee or agent of a UK registered political party (within the meaning of section 70).
An officer subject to service law who is of or above the rank of commodore, brigadier or air commodore. In sub-paragraph (1), “subject to service law” has the same meaning as in the Armed Forces Act 2006 (see section 374 of that Act).
Section 65(4) (requirement to register foreign activity arrangements) does not apply to the extent that the foreign activity arrangement relates to the provision of goods or services which are reasonably necessary to support the efficient functioning of— (for example, the provision of catering or maintenance services). Sections 65(4) and 69(3) (requirements to register foreign activity arrangements and foreign influence arrangements) do not apply where P (within the meaning of those sections)— “Principal person” means a person who is a member of staff of— The members of the family of a principal person forming part of the principal person’s household include a person who is living with the principal person as their partner in an enduring family relationship. “Member of staff”— In this paragraph—
Where an exemption is conferred on a person (“P”) by this Schedule, the following are also exempt (subject to sub-paragraph (2))— Where P is a foreign power, the exemption does not apply to persons within sub-paragraph (1)(a) if or to the extent that the person makes a misrepresentation about their activities or the capacity in which they act (whether generally or to a particular person). A misrepresentation is a representation that a reasonable person would consider to be false or misleading in a material way. A misrepresentation may be made by making a statement or by any other kind of conduct (including an omission), and may be express or implied. A misrepresentation may in particular include—
This paragraph applies where a court has made a freezing order under paragraph 1. The court may, on the application of a Minister of the Crown, make an extension order under this paragraph. An extension order is an order that all or part of the damages paid into court pursuant to a freezing order are to remain in court until the end of the period of 4 years beginning with the day on which the freezing order was made (“the extended freezing period”). A court may not make an extension order unless satisfied that, if the damages to which the extension order relates are paid to the claimant at the end of the initial freezing period (or, if later, when the court decides the application), there is a real risk that those damages will be used for the purposes of terrorism. An application for an extension order must be made before the end of the initial freezing period. Sub-paragraph (7) applies where— The damages to which the application relates are to remain in court until the court decides the application.
An order under paragraph 3 or 4— Where the material consists of information stored in electronic form—
A member of such a political party who exercises executive functions on behalf of the party.
An order under paragraph 3 or 4 may be made in relation to material in the possession, custody or control of a government department or a Northern Ireland department. Where an order is made by virtue of sub-paragraph (1)— In this paragraph “government department” means an authorised government department for the purposes of the Crown Proceedings Act 1947.
An order under paragraph 3 or 4 has effect as if it were an order of the court.
If a foreign power holds a share or right jointly with another person (whether or not a foreign power), each of those persons is to be taken to hold that share or right.
A reference to the voting rights in a person is to the rights conferred on shareholders in respect of their shares (or, in the case of a person not having a share capital, on members) to vote at general meetings of the person on all or substantially all matters. In relation to a person that does not have general meetings at which matters are decided by the exercise of voting rights—
Where a person controls a right, the right is to be treated as held by that person (and not by the person who in fact holds the right, unless that person also controls it). A person “controls” a right if, by virtue of any arrangement between that person and others, the right is exercisable only—
A member of— A person who serves the government in a position in the civil service of the State and whose appointment to that position meets the requirements applicable to that position set out in section 15(1) of the Constitutional Reform and Governance Act 2010 (special advisers). A special adviser within the meaning of section 1 of the Civil Service (Special Advisers) Act (Northern Ireland) 2013 (c. 8 (N.I.)) (special advisers).
In applying this Schedule, the voting rights in a person are to be reduced by any rights held by that person.
For the purposes of this Schedule, “arrangement” includes— But something does not count as an arrangement unless there is at least some degree of stability about it (whether by its nature or terms, the time it has been in existence or otherwise).
A person commits an offence if—
the person—
accesses, enters, inspects, passes over or under, approaches or is in the vicinity of a prohibited place, or
causes an unmanned vehicle or device to access, enter, inspect, pass over or under, approach or be in the vicinity of a prohibited place, and
that conduct is for a purpose that the person knows, or having regard to other matters known to them ought reasonably to know, is prejudicial to the safety or interests of the United Kingdom.
In subsection (1)(a) a reference to inspecting a prohibited place includes—
taking, or procuring the taking of, photographs, videos or other recordings of the prohibited place;
inspecting photographs, videos or other recordings of the prohibited place.
For the purposes of this section, a person engages in conduct mentioned in subsection (1)(a) if the person does so in person or by electronic or remote means.
Subsection (1) applies whether the person’s conduct takes place in the United Kingdom or elsewhere.
A person who commits an offence under this section is liable on conviction on indictment to imprisonment for a term not exceeding 14 years or a fine (or both).
In this Part “vehicle” means any form of transport.
A person commits an offence if—
the person—
accesses, enters, inspects or passes over or under a prohibited place, or
causes an unmanned vehicle or device to access, enter, inspect or pass over or under a prohibited place,
that conduct is unauthorised, and
the person knows, or having regard to other matters known to them ought reasonably to know, that their conduct is unauthorised.
A person’s conduct is unauthorised if the person—
is not entitled to determine whether they may engage in the conduct, and
does not have consent to engage in the conduct from a person so entitled.
In subsection (1)(a) a reference to inspecting a prohibited place includes taking, or procuring the taking of, photographs, videos or other recordings of the prohibited place.
For the purposes of this section, a person engages in conduct mentioned in subsection (1)(a) if the person does so in person or by electronic or remote means.
A person who commits an offence under this section is liable—
on summary conviction in England and Wales, to imprisonment for a term not exceeding the maximum term for summary offences or a fine (or both);
on summary conviction in Scotland, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both);
on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).
A constable may order—
a person not to engage, or to cease to engage, in conduct mentioned in section 4(1)(a) (whether in person or by electronic or remote means) in relation to a prohibited place;
a person who has accessed or entered a prohibited place (whether in person or by electronic or remote means) to leave it immediately;
a person in an area adjacent to a prohibited place to leave the area immediately;
the driver or person in charge of a vehicle or device (whether in person or by electronic or remote means) in a prohibited place, or in an area adjacent to a prohibited place, to move the vehicle or device from the place or area immediately.
A constable may arrange for—
the removal of a vehicle or device from a prohibited place or an area adjacent to a prohibited place;
the movement of a vehicle or device within a prohibited place or an area adjacent to a prohibited place.
A constable may not exercise a power under subsection (1) or (2) unless the constable reasonably believes that exercising the power is necessary to protect the safety or interests of the United Kingdom.
A person commits an offence if the person fails to comply with an order imposed under subsection (1).
A person who commits an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale (or both).
In this Part “prohibited place” means—
Crown land in the United Kingdom or the Sovereign Base Areas of Akrotiri and Dhekelia which is used—
for UK defence purposes;
for extracting any metals, oil or minerals for use for UK defence purposes;
for the purposes of the defence of a foreign country or territory;
a vehicle—
situated in the United Kingdom or the Sovereign Base Areas of Akrotiri and Dhekelia which is used for UK defence purposes or for the purposes of the defence of a foreign country or territory;
not so situated which is used for UK defence purposes;
any land or building in the United Kingdom or the Sovereign Base Areas of Akrotiri and Dhekelia which is used for the purposes described in subsection (2)(b) or (3)(b) (or both);
any land or building in the United Kingdom or the Sovereign Base Areas of Akrotiri and Dhekelia which is—
owned or controlled by the Security Service, the Secret Intelligence Service or GCHQ, and
used for the functions of the Security Service, the Secret Intelligence Service or GCHQ;
any land or building or vehicle designated as a prohibited place in regulations made under section 8.
In subsection (1) use for UK defence purposes means use for the purposes of—
the activities of the armed forces of the Crown,
the invention, development, production, operation, storage or disposal of weapons or other equipment or capabilities of those forces and research relating to it,
United Kingdom defence policy and strategy and military planning and intelligence, or
plans and measures for the maintenance of essential supplies and services that are or would be needed by the United Kingdom in time of war.
In subsection (1) use for the purposes of the defence of a foreign country or territory means use for the purposes of—
the activities of the armed forces of the foreign country or territory, or
the invention, development, production, operation, storage or disposal of weapons or other equipment or capabilities of those forces and research relating to it.
In this section—
“revival notice” has the same meaning as in section 49(6);
This paragraph applies to— Samples to which this paragraph applies must be destroyed if it appears to the responsible chief officer of police that the taking of the sample was unlawful. Subject to this, the rule in sub-paragraph (4) or (as the case may be) (5) applies. A DNA sample to which this paragraph applies must be destroyed— Any other sample to which this paragraph applies must be destroyed before the end of the period of 6 months beginning with the date on which it was taken. Nothing in this paragraph prevents a relevant search, in relation to samples to which this paragraph applies, from being carried out within such time as may reasonably be required for the search if the responsible chief officer of police considers the search to be desirable.
This Part makes provision about the interpretation of Part 1 of this Schedule.
In relation to a person that has a share capital, a reference to holding more than 25% of the shares in that person is to holding shares comprised in the issued share capital of that person of a nominal value exceeding (in aggregate) 25% of that share capital. In relation to a person that does not have a share capital—
A share held by a person as a nominee for another is to be treated as held by the other (and not by the nominee).
Rights attached to shares held by way of security provided by a person are to be treated for the purposes of this Schedule as held by that person—
where apart from the right to exercise them for the purpose of preserving the value of the security, or of realising it, the rights are exercisable only in accordance with that person’s instructions, and
where the shares are held in connection with the granting of loans as part of normal business activities and apart from the right to exercise them for the purpose of preserving the value of the security, or of realising it, the rights are exercisable only in that person’s interests.
Sections 65(4) and 69(3) (requirements to register foreign activity arrangements and foreign influence arrangements) do not apply to foreign activity arrangements or foreign influence arrangements that are UK arrangements. The following provisions do not apply to activities carried out in accordance with a UK arrangement— A “UK arrangement” is an arrangement or agreement to which—
The following provisions do not apply to a recognised news publisher— The following provisions do not apply to a person who is not a recognised news publisher, where the foreign influence arrangement in question is a news-related foreign influence arrangement— A “news-related foreign influence arrangement” is a foreign influence arrangement made between a person and a foreign power who is a recognised news publisher where the purpose, or one of the purposes, of the arrangement is the publication of news-related material. In this paragraph “news-related material”, “publish”, and “recognised news publisher” have the meaning given by paragraph 5.
The Secretary of State may by regulations make provision for further cases to which any provision of this Part does not apply.
In paragraph 4, “recognised news publisher” means any of the following entities— The conditions referred to in sub-paragraph (1)(d)(i) are that the entity— An “excluded entity” is an entity— A “sanctioned entity” is an entity which— For the purposes of sub-paragraph (2)— In this paragraph—
loss of or reduction in function, utility or reliability.
A person’s detention must be periodically reviewed by a review officer. The first review must be carried out as soon as is reasonably practicable after the time of the person’s arrest. Subsequent reviews must be carried out at intervals of not more than 12 hours. This is subject to paragraph 30. A person’s detention may not be reviewed after a warrant has been issued under Part 6 of this Schedule extending the detention period.
The review officer must be an officer who has not been directly involved in the investigation in connection with which the person is detained. In the case of a review carried out within the period of 24 hours beginning with the time of arrest, the review officer must be an officer of at least the rank of inspector. In the case of any other review, the review officer must be an officer of at least the rank of superintendent.
A review officer carrying out a review must make a written record of the outcome of the review and of any of the following which apply— The review officer must— Sub-paragraph (2) does not apply where, at the time when the record is made, the detained person is—
In this Schedule—
A constable may (without a warrant) search an individual in respect of whom a Part 2 notice is in force for the purpose of ascertaining whether the individual is in possession of anything that could be used to threaten or harm any person. The power of a constable to search the individual under this paragraph may be exercised— A constable may seize anything that the constable finds in the course of a search carried out under a power conferred by this paragraph—
This paragraph applies to paragraph 6 material taken from, or provided by, an individual who has no previous convictions or (in the case of England and Wales or Northern Ireland) only one exempt conviction. The material may be retained until the end of the period of 6 months beginning with the date on which the Part 2 notice that was in force when the material was taken ceases to be in force (subject to sub-paragraphs (3) and (4)). If, before the end of that period, the Part 2 notice is quashed by the court under this Part, the material may be retained only until there is no possibility of an appeal against— If, after a Part 2 notice is quashed or otherwise ceases to be in force, measures are imposed on the individual (whether by the revival of a Part 2 notice or the imposition of a new Part 2 notice)— sub-paragraphs (2) and (3) apply again for the purposes of the retention of that material (taking references to the Part 2 notice as references to the revived or new Part 2 notice). In determining whether there is no further possibility of an appeal against a decision of the kind mentioned in sub-paragraph (3), any power to extend the time for giving notice of application for leave to appeal, or for applying for leave to appeal, must be ignored.
In this Schedule— In the definition of “responsible chief officer of police” in sub-paragraph (1), in paragraph (d)(i), “relevant police area” means the police area—
A person exercising public functions who is specified by the Secretary of State in regulations. “Public functions” means functions of a public nature—
The Official Secrets Act 1911 is repealed.
The Police and Criminal Evidence Act 1984 is amended as follows. In section 56 (right to have someone informed when arrested), in subsection (10), after “the terrorism provisions” insert “or under section 27 of the National Security Act 2023,”. In section 58 (right to consult a solicitor), in subsection (12), after “the terrorism provisions” insert “or under section 27 of the National Security Act 2023,”. In section 61 (fingerprinting), in subsection (9)(b), after “the terrorism provisions” insert “or under section 27 of the National Security Act 2023,”. In section 63F (retention of fingerprints and DNA profiles for persons arrested for or charged with a qualifying offence)— In section 63U (exclusions for certain regimes), after subsection (4A) insert— In section 65A(2) (meaning of “qualifying offence”), after paragraph (u) insert—
Section 19C of the Criminal Procedure (Scotland) Act 1995 (use of samples etc) is amended as follows. In subsection (1)(a) and (b), after “2019” insert “or paragraph 18 of Schedule 6 to the National Security Act 2023”. In subsection (2)— In subsection (6)—
Schedule 3 to the Investigatory Powers Act 2016 (exceptions to the exclusion of certain matters from legal proceedings) is amended as follows. After paragraph 8 insert— In paragraph 20(2) (proceedings for certain offences)—
This paragraph applies where— The review officer must refer the matter at once to an officer of at least the rank of superintendent.
This paragraph applies to paragraph 6 material taken from, or provided by, an individual— The material may be retained indefinitely.
For the purposes of paragraphs 8 and 9 an individual is to be treated as having been convicted of an offence if— Paragraphs 8, 9 and this paragraph, so far as they relate to individuals convicted of an offence, have effect despite anything in the Rehabilitation of Offenders Act 1974 or the Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27)). But a person is not to be treated as having been convicted of an offence if that conviction is a disregarded conviction or caution by virtue of section 92 or 101A of the Protection of Freedoms Act 2012. For the purposes of paragraphs 8 and 9— In sub-paragraph (4) “qualifying offence”— For the purposes of sub-paragraph (4)— For the purposes of paragraph 8, 9 or this paragraph— If an individual is convicted of more than one offence arising out of a single course of action, those convictions are to be treated as a single conviction for the purposes of calculating under paragraph 8 or 9 whether the individual has been convicted of one offence.
Paragraph 6 material may be retained for as long as a national security determination made by a chief officer of police has effect in relation to it. A national security determination is made if a chief officer of police determines that it is necessary for any paragraph 6 material to be retained for the purposes of national security. A national security determination— In this paragraph “chief officer of police” means—
This paragraph applies where paragraph 6 material is or includes a person’s fingerprints (“the original fingerprints”). A constable may make a determination under this paragraph in respect of any further fingerprints taken from, or provided by, the same person (“the further fingerprints”) if conditions 1 and 2 are met. Condition 1 is met if the further fingerprints— Condition 2 is met if— Where a determination under this paragraph is made in respect of the further fingerprints— Sub-paragraph (5)(a) does not prevent the further fingerprints being retained after the original fingerprints fall to be destroyed if the continued retention of the further fingerprints is authorised under any enactment. A written record must be made of a determination under this paragraph. In this paragraph references to a part of the United Kingdom are references to—
“Crown interest” means any of the following—
“legal activity”;
This Part of this Schedule applies in Scotland. In this Part of this Schedule “relevant act” means—
A detained person is to be treated as being in legal custody throughout the period of the person’s detention.
Each of the following— may apply to a judicial authority for the issue of a warrant of further detention in relation to a person. A warrant of further detention is a warrant— Subject to sub-paragraph (4) and paragraph 44, the specified period in relation to a person is the period of 7 days beginning with the time of the person’s arrest under section 27. A judicial authority may issue a warrant of further detention in relation to a person which specifies a shorter period as the period for which the person’s further detention is authorised if— In this Part “judicial authority” means— The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise the functions under sub-paragraph (5)(a). The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise the functions under sub-paragraph (5)(c)—
A judicial authority may issue a warrant of further detention only if satisfied that— The further detention of a person is necessary as mentioned in this sub-paragraph if it is necessary— In this paragraph “relevant evidence” means, in relation to the person to whom the application relates, evidence which relates to the person’s involvement in foreign power threat activity.
A judicial authority may adjourn the hearing of an application for a warrant only if the hearing is adjourned to a date before the expiry of the period mentioned in section 27(3). This paragraph does not apply to an adjournment under paragraph 41(2).
In a case where the court determines that a decision of the Secretary of State that condition A, condition B or condition C is met is obviously flawed, the court must quash the Part 2 notice. In a case where the court determines that a decision of the Secretary of State that condition D is met is obviously flawed, the court must quash those of the measures which it determines that decision relates to. If sub-paragraph (1) does not apply, the court must confirm the Part 2 notice (subject to any quashing of measures under sub-paragraph (2)). If the court determines that the Secretary of State’s decision that the urgency condition is met is obviously flawed, the court must make a declaration of that determination (whether it quashes or confirms the Part 2 notice under the preceding provisions of this paragraph).
“decision relating to a Part 2 notice” has the meaning given in section 53;
“rules of court” means rules for regulating the practice and procedure to be followed in the court, the Court of Appeal or the Inner House of the Court of Session.
For the purposes of the provisions mentioned in sub-paragraph (2)— The provisions are— (seized material: access, copying and retention).
The procurator fiscal may apply to a sheriff for the issue of a warrant under this paragraph. The sheriff may grant the application if satisfied that an order made under paragraph 19 or 20 in relation to material on the relevant premises has not been complied with. The sheriff may also grant the application if satisfied that— Condition 1 is that there are reasonable grounds for suspecting that a relevant act has been, or is about to be, committed. Condition 2 is that there are reasonable grounds for suspecting that there is on the relevant premises material which is likely to be evidence that a relevant act has been, or is about to be, committed. Condition 3 is that there are reasonable grounds for believing that the material is likely to be of substantial value, whether by itself or with other material, to an investigation into whether a relevant act has been, or is about to be, committed. Condition 4 is that there are reasonable grounds for believing that it is in the public interest that the material should be obtained having regard to— Condition 5 is that any of the following apply— Condition 6 is that it is not reasonably practicable to specify in the application all the premises which the person specified in the application occupies or controls and which might need to be searched. A warrant under this paragraph is a warrant authorising any constable— In this paragraph the “relevant premises” are—
In subsection (4) the reference to His Majesty’s private estates is to be construed in accordance with section 1 of the Crown Private Estates Act 1862.
The Secretary of State may by regulations designate— as a prohibited place.
land or a building situated in the United Kingdom or the Sovereign Base Areas of Akrotiri and Dhekelia, or
a vehicle,
The power in subsection (1) may be exercised only if, having regard to the matters mentioned in subsection (3), the Secretary of State reasonably considers it necessary to do so in order to protect the safety or interests of the United Kingdom.
Those matters are—
the purpose for which the land or building or vehicle is used;
the nature of any information held, stored or processed on the land or in the building or vehicle;
the nature of any technology, equipment or material located on the land or in the building or vehicle.
The power in subsection (1) may be exercised in relation to— as well as in relation to particular land or buildings or a particular vehicle.
a description of land or buildings, or
a description of vehicle,
In this section “building” includes any part of a building.
A constable may designate an area as a cordoned area.
A constable may designate an area under subsection (1) only if the constable considers it expedient to do so for the purposes of securing—
an aircraft, or a part of an aircraft, used for military purposes, or
equipment relating to such an aircraft.
If a designation is made orally, the constable making the designation must confirm it in writing as soon as is reasonably practicable.
A constable making a designation must, as soon as is reasonably practicable—
make a written record of the time at which the designation was made, and
ensure that a police officer of at least the rank of superintendent is informed.
An officer who is informed of a designation in accordance with subsection (4)(b) must—
confirm the designation or cancel it with effect from such time as the officer may direct, and
if the officer cancels the designation, make a written record of the cancellation and the reason for it.
A constable making a designation must arrange for the demarcation of the cordoned area, so far as is reasonably practicable—
by means of tape marked with the word “police”, or
in such other manner as the constable considers appropriate.
A designation under section 9 has effect, subject to subsections (2) to (5), during the period—
beginning at the time when it is made, and
ending with a date or at a time specified in the designation.
The date or time specified under subsection (1)(b) must not be later than the end of the period of 14 days beginning with the day on which the designation is made.
A constable may extend from time to time the period during which a designation has effect.
An extension under subsection (3) must—
be in writing, and
specify the additional period during which the designation is to have effect.
An extension under subsection (3) must not provide for a designation to have effect after the end of the period of 28 days beginning with the day on which the designation is made.
A constable may order—
a person not to do any of the following (whether in person or by electronic or remote means)—
enter, inspect, pass over or under, approach or be in the vicinity of a cordoned area, or
cause an unmanned vehicle or device to enter, inspect, pass over or under, approach or be in the vicinity of a cordoned area;
a person in a cordoned area (whether in person or by electronic or remote means) to leave it immediately;
a person in an area adjacent to a cordoned area to leave the area immediately;
the driver or person in charge of a vehicle or device (whether in person or by electronic or remote means) in a cordoned area to move the vehicle or device from the area immediately.
In subsection (1) a reference to inspecting a cordoned area includes taking or procuring the taking of photographs, videos or other recordings.
A constable may arrange for—
the removal of a vehicle or device from a cordoned area;
the movement of a vehicle or device within a cordoned area.
A person commits an offence if the person fails to comply with an order imposed under subsection (1).
It is a defence for a person charged with an offence under subsection (4) to show that the person had a reasonable excuse for that failure.
A person is taken to have shown a matter mentioned in subsection (5) if—
sufficient evidence of the matter is adduced to raise an issue with respect to it, and
the contrary is not proved beyond reasonable doubt.
A person who commits an offence under subsection (4) is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale (or both).
In this section “cordoned area” means an area designated as a cordoned area under section 9.
A person commits an offence if—
the person engages in conduct that results in damage to any asset,
the person intends their conduct to result in damage to an asset, or is reckless as to whether their conduct will result in damage to an asset,
the person’s conduct is for a purpose that they know, or having regard to other matters known to them ought reasonably to know, is prejudicial to the safety or interests of the United Kingdom, and
the foreign power condition or the designated body condition is met in relation to the person’s conduct (see sections 31 and 33B).
Subsection (1) applies—
whether the person’s conduct takes place in the United Kingdom or elsewhere;
whether the asset is in the United Kingdom or elsewhere.
In this section—
proceedings on a review hearing held in accordance with directions under section 44(4);
an offence proved to have been aggravated by reason of having a terrorist connection under section 31 of the Counter-Terrorism Act 2008 (in the case of an offender sentenced in Scotland).
This paragraph applies at any time when a Part 2 notice is in force in respect of an individual in Scotland. A constable may— A constable may— A requirement under sub-paragraph (3)(a)— In specifying a date or time or times of day for the purposes of sub-paragraph (4), the constable must consider whether the relevant physical data or sample could reasonably be taken at a time when the individual is for any other reason required to attend the police station (including, in particular, under measures imposed on the individual by virtue of paragraph 11 of Schedule 7). A constable may use reasonable force, if necessary, in— A constable may, with the authority of an officer of a rank no lower than inspector, use reasonable force, if necessary, in taking any sample under sub-paragraph (2)(c). In this paragraph “police custody and security officer” has the same meaning as in Part 1 of the Police and Fire Reform (Scotland) Act 2012 (asp 8) (see section 99 of that Act).
“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;
“the maximum term for summary offences” means—
An appropriate officer may apply to a judge for a customer information order. The judge may grant the application if satisfied that— “Appropriate officer” means— The application must state that— The application may specify— A customer information order is an order authorising an appropriate officer to give to a financial institution covered by the application notice in writing requiring it to provide any customer information it has relating to the person specified in the application. The financial institution must provide the information at or by the time, and in a manner, specified in the notice. A financial institution is not bound to comply with a requirement imposed by a notice given under a customer information order unless evidence of authority to give the notice is produced. An appropriate officer may not make an application under this paragraph unless the officer is a senior officer or is authorised to do so by a senior officer. Sub-paragraph (9) does not apply in relation to Scotland.
An application to discharge or vary a customer information order may be made to the court by— If the application for the customer information order was made by a constable, an application to discharge or vary the order may be made by a different constable. If the application for the customer information order was made by a National Crime Agency officer, an application to discharge or vary the order may be made by a different National Crime Agency officer. An appropriate officer may not make an application under this paragraph unless the officer is a senior officer or is authorised to do so by a senior officer. Sub-paragraph (4) does not apply in relation to Scotland. The court may—
A statement made by a person in response to a requirement imposed under a customer information order may not be used in evidence against them in criminal proceedings. Sub-paragraph (1) does not apply on a prosecution for an offence where, in giving evidence, the person makes a statement inconsistent with the statement mentioned in sub-paragraph (1). A statement may not be used against a person by virtue of sub-paragraph (2) unless— by or on behalf of the person in the proceedings arising out of the prosecution.
An application for an account monitoring order may be made without notice to a judge in chambers.
In England and Wales and Northern Ireland, an account monitoring order has effect as if it were an order of the court. An account monitoring order has effect in spite of any obligation as to secrecy or other restriction on the disclosure of information imposed by an enactment or otherwise.
This paragraph applies where paragraph 19 material is or includes a person’s fingerprints (“the original fingerprints”). A constable may make a determination under this paragraph in respect of any further fingerprints taken from, or provided by, the same person (“the further fingerprints”) if conditions 1 and 2 are met. Condition 1 is met if the further fingerprints— Condition 2 is met if— Where a determination under this paragraph is made in respect of the further fingerprints— Sub-paragraph (5)(a) does not prevent the further fingerprints being retained after the original fingerprints fall to be destroyed if the continued retention of the further fingerprints is authorised under any enactment. Any determination under this paragraph must be recorded in writing.
Paragraphs 19 to 26 do not apply to material relating to a detained person which is, or may become, disclosable under— A sample that— must not be used other than for the purposes of any proceedings for the offence in connection with which the sample was taken. A sample that once fell within sub-paragraph (1) but no longer does, and so becomes a sample to which paragraph 25 applies, must be destroyed immediately if the time specified for its destruction under that paragraph has already passed.
A review may be postponed if, at the latest time at which it may be carried out in accordance with paragraph 29— Where a review is postponed it must be carried out as soon as is reasonably practicable. For the purposes of ascertaining the time within which the next review is to be carried out, a postponed review is to be treated as if it were carried out at the latest time at which it could have been carried out in accordance with paragraph 29.
If fingerprints or relevant physical data are required by paragraph 19 to be destroyed, any copies of the fingerprints or relevant physical data held by a police force must also be destroyed. If a DNA profile is required by that paragraph to be destroyed, no copy may be retained by a police force except in a form which does not include information which identifies the person to whom the DNA profile relates.
An application for an order under paragraph 19 or 20 may be made without notice to a sheriff in chambers.
A police officer of at least the rank of superintendent may by a written order signed by them give to any constable the authority which may be given by a warrant under paragraph 25 (subject to sub-paragraph (2)). An order under this paragraph does not authorise a constable to retain confidential journalistic material. An officer may not make an order under this paragraph unless the officer— Where an order is made under this paragraph particulars of the case must be notified as soon as is reasonably practicable to the Secretary of State. A person who wilfully obstructs a search under this paragraph commits an offence. A person who commits an offence under sub-paragraph (5) is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale (or both). “Confidential journalistic material” has the same meaning as in the Investigatory Powers Act 2016 (see section 264(6) and (7) of that Act).
An appropriate officer may apply to a judge for a disclosure order. The application must state that a person or property specified in the application is subject to a relevant investigation and the order is sought for the purposes of the investigation. The judge may grant the application if satisfied that conditions 1 to 3 are met. Condition 1 is that there are reasonable grounds for suspecting that the property specified in the application is relevant property. Condition 2 is that there are reasonable grounds for believing that information which may be provided in compliance with a requirement imposed under the order is likely to be of substantial value, whether by itself or with other information, to the investigation. Condition 3 is that there are reasonable grounds for believing that it is in the public interest for the information to be provided, having regard to the benefit likely to accrue to the investigation if the information is obtained. A disclosure order is an order authorising an appropriate officer to give to any person the officer considers has relevant information notice in writing requiring the person to do any or all of the following with respect to any matter relevant to the investigation— “Relevant information” means information (whether or not contained in a document) which the appropriate officer considers to be relevant to the investigation. A person is not bound to comply with a requirement imposed by a notice given under a disclosure order unless evidence of authority to give the notice is produced. An appropriate officer may not make an application under this paragraph unless the officer is a senior officer or is authorised to do so by a senior officer.
An application to discharge or vary a disclosure order may be made to the Crown Court by— If the application for the disclosure order was made by a constable, an application to discharge or vary the order may be made by a different constable. If the application for the disclosure order was made by a National Crime Agency officer, an application to discharge or vary the order may be made by a different National Crime Agency officer. An appropriate officer may not make an application to discharge or vary a disclosure order unless the officer is a senior officer or is authorised to do so by a senior officer. The Crown Court may—
A statement made by a person in response to a requirement imposed under a disclosure order may not be used in evidence against that person in criminal proceedings. Sub-paragraph (1) does not apply on a prosecution for— A statement may not be used against a person by virtue of sub-paragraph (2)(c) unless— by or on behalf of the person in the proceedings arising out of the prosecution.
The Lord Advocate may apply to the High Court of Justiciary for a disclosure order. The application must state that a person or property specified in the application is subject to a relevant investigation and the order is sought for the purposes of the investigation. The court may grant the application if satisfied that conditions 1 to 3 are met. Condition 1 is that there are reasonable grounds for suspecting that the property specified in the application is relevant property. Condition 2 is that there are reasonable grounds for believing that information which may be provided in compliance with a requirement imposed under the order is likely to be of substantial value, whether by itself or with other information, to the investigation. Condition 3 is that there are reasonable grounds for believing that it is in the public interest for the information to be provided, having regard to the benefit likely to accrue to the investigation if the information is obtained. A disclosure order is an order authorising the Lord Advocate to give to any person the Lord Advocate considers has relevant information notice in writing requiring the person to do any or all of the following with respect to any matter relevant to the investigation— “Relevant information” means information (whether or not contained in a document) which the Lord Advocate considers to be relevant to the investigation. A person is not bound to comply with a requirement imposed by a notice given under a disclosure order unless evidence of authority to give the notice is produced.
An application to discharge or vary a disclosure order may be made to the High Court of Justiciary by— The High Court of Justiciary may—
A statement made by a person in response to a requirement imposed under a disclosure order may not be used in evidence against that person in criminal proceedings. Sub-paragraph (1) does not apply on a prosecution for— A statement may not be used against a person by virtue of sub-paragraph (2)(c) unless— by or on behalf of the person in the proceedings arising out of the prosecution.
This paragraph applies to any interview by a constable of a detained person that takes place in a police station. The Secretary of State must— Regulations under sub-paragraph (2) must state that the video recording is to be with sound. A code of practice under this paragraph— The failure by a constable to observe a provision of a code does not of itself make the constable liable to criminal or civil proceedings. A code— The Secretary of State may revise a code and issue the revised code.
Subject to paragraph 9, a person detained under section 27 in England, Wales or Northern Ireland is entitled, if the person so requests, to consult a solicitor as soon as is reasonably practicable, privately and at any time. Where a request is made under sub-paragraph (1), a record must be made of the request and the time at which it was made. A detained person must be informed of the right under this paragraph on first being detained.
The Official Secrets Act 1920 is repealed.
The Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) is amended as follows. In Article 53A (meaning of “qualifying offence”), after paragraph (2)(v) insert— In Article 57 (right to have someone informed when arrested), in paragraph (10), after “the terrorism provisions” insert “or under section 27 of the National Security Act 2023,”. In Article 59 (right to consult a solicitor), in paragraph (12), after “the terrorism provisions” insert “or under section 27 of the National Security Act 2023,”. In Article 61 (fingerprinting), in paragraph (9)(b), after “the terrorism provisions” insert “or under section 27 of the National Security Act 2023,”. In Article 62 (intimate samples), after paragraph (12) insert— In Article 63 (other samples), in paragraph (11), after “the terrorism provisions” insert “or under section 27 of the National Security Act 2023,”. In Article 63R (as inserted by Schedule 2 to the Criminal Justice Act (Northern Ireland) 2013 (c. 7 (N.I.)), after paragraph (4A) (as inserted by Schedule 4 to the Counter-Terrorism and Border Security Act 2019) insert— In Article 64 (destruction of fingerprints and samples), in paragraph (8)(b), after “the terrorism provisions” insert “or under section 27 of the National Security Act 2023”.
Section 20 of the Protection of Freedoms Act 2012 (appointment and functions of Commissioner) is amended as follows. In subsection (2)(a), after sub-paragraph (iva) insert—. In subsection (6), after paragraph (e) insert—
In paragraph 62 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019 (review of Schedule 3 by Investigatory Powers Commissioner) omit—
sub-paragraphs (1) to (5);
sub-paragraphs (7) and (8).
An order under paragraph 19 or 20 has effect despite any obligation as to secrecy or other restriction on the disclosure of information imposed by an enactment or otherwise. Where the material consists of information stored in electronic form—
This paragraph applies where confidential journalistic material is seized by virtue of an order under paragraph 27. The procurator fiscal may apply to a sheriff for the issue of a warrant under this paragraph. An application under sub-paragraph (2) must be made as soon as reasonably practicable. The sheriff may grant an application under sub-paragraph (2) if satisfied that conditions 1 to 3 are met. Condition 1 is that there are reasonable grounds for suspecting that a relevant act has been, or is about to be, committed. Condition 2 is that there are reasonable grounds for believing that the material is likely to be of substantial value, whether by itself or with other material, to an investigation into whether a relevant act has been, or is about to be, committed. Condition 3 is that there are reasonable grounds for believing that it is in the public interest that the material should be retained having regard to the benefit likely to accrue to the investigation if the material is retained. A warrant under this paragraph is a warrant authorising the retention of confidential journalistic material. A warrant under this paragraph may impose conditions on the retention and use of the material. If the sheriff does not grant an application for the issue of a warrant under this paragraph in relation to any of the material to which the application relates, the sheriff may direct that the material is— “Confidential journalistic material” has the same meaning as in paragraph 27.
Before issuing a code of practice under paragraph 3, the Secretary of State must— The Secretary of State must lay a draft of the code before Parliament. After the code has been laid before Parliament the Secretary of State may bring it into operation by regulations. Sub-paragraphs (1) to (3) apply to the issue of a revised code as they apply to the first issue of the code.
Where a person exercises the right under paragraph 7 to consult a solicitor, a police officer of at least the rank of superintendent may direct that— A direction under this paragraph may be given before or after a person’s consultation with a solicitor has started (and if given after it has started, the right to further consult that solicitor ceases on the giving of the direction). An officer may give a direction under this paragraph only if the officer has reasonable grounds for believing that— Those consequences are— For the purposes of sub-paragraph (3)(b), the question whether a person has benefited from their criminal conduct is to be decided in accordance with Part 2 or 4 of the Proceeds of Crime Act 2002.
“notice” means a notice in writing;
This paragraph applies to— Fingerprints, relevant physical data and DNA profiles to which this paragraph applies (“paragraph 19 material”) must be destroyed if it appears to the responsible chief officer of police that— In any other case, paragraph 19 material must be destroyed unless it is retained under any power conferred by paragraphs 20 or 22. Where the retention of paragraph 19 material ceases to be allowed under paragraph 20 or 22, the material may continue to be retained under any other such power which applies to it. Nothing in this paragraph prevents a relevant search, in relation to paragraph 19 material, from being carried out within such time as may reasonably be required for the search if the responsible chief officer of police considers the search to be desirable. For the purposes of sub-paragraph (5), a “relevant search” is a search carried out for the purpose of checking the material against—
This paragraph applies to paragraph 19 material relating to a person who is detained under section 27. Paragraph 19 material may be retained indefinitely if— In sub-paragraph (2)— Paragraph 19 material may be retained until the end of the retention period specified in sub-paragraph (5) if— The retention period is— The responsible chief officer of police or a specified chief officer of police may apply to a relevant court for an order extending the retention period. An application for an order under sub-paragraph (6) must be made within the period of 3 months ending with the last day of the retention period. An order under sub-paragraph (6) may extend the retention period by a period which— The following persons may appeal to the relevant appeal court against an order under sub-paragraph (6) or a refusal to make such an order— In Scotland— Nothing in this paragraph prevents the start of a new retention period in relation to paragraph 19 material if a person is detained again under section 27 when an existing retention period (whether or not extended) is still in force in relation to that material. In this paragraph—
For the purposes of paragraph 20, a person is to be treated as having been convicted of an offence if— Paragraph 20 and this paragraph, so far as they relate to persons convicted of an offence, have effect despite anything in the Rehabilitation of Offenders Act 1974 or the Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27)). But a person is not to be treated as having been convicted of an offence if that conviction is a disregarded conviction or caution by virtue of section 92 or 101A of the Protection of Freedoms Act 2012. For the purposes of paragraph 20— In sub-paragraph (4) “qualifying offence”— For the purposes of sub-paragraph (4)— For the purposes of paragraph 20 and this paragraph— If a person is convicted of more than one offence arising out of a single course of action, those convictions are to be treated as a single conviction for the purposes of calculating under paragraph 20 whether the person has been convicted of only one offence.
An order under paragraph 19 or 20 may be made in relation to material in the possession, custody or control of a government department. Where an order is made by virtue of sub-paragraph (1)— In this paragraph “government department” means—
If a police officer of at least the rank of superintendent has reasonable grounds for believing that the case is one of great emergency the officer may by a written notice signed by them require any person specified in the notice to provide an explanation of any material seized in pursuance of an order under paragraph 27. Paragraph 26(3) and (4) apply to a notice under this paragraph as they apply to an order under that paragraph. A person who fails to comply with a notice under this paragraph commits an offence. It is a defence for a person charged with an offence under sub-paragraph (3) to show that they had a reasonable excuse for their failure. A person is taken to have shown that they had a reasonable excuse for their failure if— A person guilty of an offence under sub-paragraph (3) is liable on summary conviction to imprisonment for a term not exceeding 6 months or a fine not exceeding level 5 on the standard scale (or both).
Without prejudice to section 305 of the Criminal Procedure (Scotland) Act 1995, provision may be made by the High Court of Justiciary by Act of Adjournal as to— The following provisions have effect pending the coming into force of an Act of Adjournal under sub-paragraph (1)—
“GCHQ” has the meaning given by section 3(3) of the Intelligence Services Act 1994.
A police officer of at least the rank of superintendent may by a written order signed by them give to any constable the authority which may be given by— but subject to sub-paragraph (2). An order under this paragraph giving the authority which may be given by a warrant under paragraph 9 does not authorise a constable to retain confidential journalistic material. An officer may not make an order under this paragraph unless the officer — Where an order is made under this paragraph particulars of the case must be notified as soon as is reasonably practicable to the Secretary of State. A person who wilfully obstructs a search under this paragraph commits an offence. A person who commits an offence under sub-paragraph (5) is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale (or both).
This paragraph applies for the interpretation of this Part of this Schedule. “Confidential material” means— “Confidential journalistic material” has the same meaning as in the Investigatory Powers Act 2016 (see section 264(6) and (7) of that Act). “Protected material”— “Items subject to legal privilege”— “Judge”—
An application for a customer information order may be made without notice to a judge in chambers.
A person commits an offence if without reasonable excuse the person fails to comply with a requirement imposed under a customer information order. A person guilty of an offence under sub-paragraph (1) is liable—
An application to discharge or vary an account monitoring order may be made to the court by— If the application for the account monitoring order was made by a constable, an application to discharge or vary the order may be made by a different constable. If the application for the account monitoring order was made by a National Crime Agency officer, an application to discharge or vary the order may be made by a different National Crime Agency officer. The court may—
A statement made by a person in response to an account monitoring order may not be used in evidence against them in criminal proceedings. But sub-paragraph (1) does not apply— A statement may not be used against a person by virtue of sub-paragraph (2)(b) unless— by or on behalf of the person in the proceedings arising out of the prosecution.
Subject to paragraph 9, a person detained under section 27 at a place in England, Wales or Northern Ireland is entitled, if the person so requests, to have one named person informed as soon as is reasonably practicable that the person is being detained there. The person named must be— A detained person must be informed of the right under this paragraph on first being detained. Where a detained person is transferred from one place to another, the person is entitled to exercise the right under this paragraph in respect of the place to which the person is transferred.
This paragraph applies where a person is detained under section 27 in England, Wales or Northern Ireland. Fingerprints may be taken from the detained person only if they are taken by a constable— A non-intimate sample may be taken from the detained person only if it is taken by a constable— Fingerprints or a non-intimate sample may be taken from the detained person without the appropriate consent only if— An intimate sample may be taken from the detained person only if— An officer may give an authorisation under sub-paragraph (4)(a) or (5)(c) only if— An officer may also give an authorisation under sub-paragraph (4)(a) for the taking of fingerprints if— In this paragraph references to determining a person’s identity include showing that the detained person is not a particular person. If an authorisation under sub-paragraph (4)(a) or (5)(c) is given orally, the person giving it must confirm it in writing as soon as is reasonably practicable.
Any application by an individual for permission must be made in writing. The Secretary of State may by notice specify— A notice under sub-paragraph (2) may make different provision for different measures. The Secretary of State may by notice request the provision, within such period of time as the notice may specify, of further information from the individual in connection with an application received under sub-paragraph (1). The Secretary of State is not required to consider an application further unless any information requested under sub-paragraph (4) is provided in accordance with the notice mentioned in that sub-paragraph. Permission on an application is granted by the Secretary of State giving notice to the individual. Permission may be granted subject to such conditions as the Secretary of State may by notice specify. In this paragraph “permission” means permission in connection with a requirement or restriction imposed under Part 1 of this Schedule.
The appropriate law officer may appoint a person to represent the interests of a party in any relevant proceedings or appeal proceedings from which the party (and any legal representative of the party) is excluded. A person appointed under sub-paragraph (1) is referred to in this Schedule as appointed as a “special advocate”. The “appropriate law officer” is— A person appointed as a special advocate is not responsible to the party to the proceedings whose interests the person is appointed to represent. A person may be appointed as a special advocate only if—
A Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975).
Sections 65(4) and 69(3) (requirements to register foreign activity arrangements and foreign influence arrangements) do not apply in relation to a foreign activity arrangement or a foreign influence arrangement to the extent that the arrangement relates to the carrying on of a legal activity by a lawyer. The following provisions do not apply to the carrying on of a legal activity by a lawyer— “Lawyer” means— “Legal activity” means—
This paragraph applies where a court has made an extension order under paragraph 2. The court may, on the application of a Minister of the Crown, order that all or part of the damages in court by virtue of the extension order are to be forfeited (a “forfeiture order”). The court may not make a forfeiture order unless satisfied that, if the damages to which the forfeiture order relates are paid to the claimant at the end of the extended freezing period (or, if later, when the court decides the application), there is a real risk that those damages will be used for the purposes of terrorism. Damages forfeited pursuant to a forfeiture order, and any accrued interest on those damages, are to be paid into the Consolidated Fund when there is no further possibility of an appeal on which the forfeiture order may be varied or quashed. Any power to extend the time for giving notice of application for leave to appeal, or for applying for leave to appeal, must be ignored for the purposes of sub-paragraph (4). An application for a forfeiture order must be made before the end of the extended freezing period. Sub-paragraph (8) applies where— The damages to which the application relates are to remain in court until the court decides the application.
This paragraph applies where confidential journalistic material is seized by virtue of an order under paragraph 12 giving the authority which may be given by a warrant under paragraph 9. A constable may apply to a judge for the issue of a warrant under this paragraph. An application under sub-paragraph (2) must be made as soon as reasonably practicable after the material is seized. The judge may grant an application under sub-paragraph (2) if satisfied that conditions 1 to 3 are met. Condition 1 is that there are reasonable grounds for suspecting that a relevant act has been, or is about to be, committed. Condition 2 is that there are reasonable grounds for believing that the material is likely to be of substantial value, whether by itself or with other material, to an investigation into whether a relevant act has been, or is about to be, committed. Condition 3 is that there are reasonable grounds for believing that it is in the public interest that the material should be retained having regard to the benefit likely to accrue to the investigation if the material is retained. A warrant under this paragraph is a warrant authorising the retention of confidential journalistic material. A warrant under this paragraph may impose conditions on the retention and use of the material. If the judge does not grant an application for the issue of a warrant under this paragraph in relation to any of the material to which the application relates, the judge may direct that the material is—
Before fingerprints or a sample are taken from a detained person under paragraph 10, the person must be informed— Before fingerprints or a sample are taken from a person on an authorisation given under paragraph 10(4)(a) or (5)(c), the person must be informed— After fingerprints or a sample are taken under paragraph 10, any of the following which apply must be recorded as soon as reasonably practicable—
A Northern Ireland Minister, the First Minister in Northern Ireland, the deputy First Minister in Northern Ireland or a person appointed as a junior Minister under section 19 of the Northern Ireland Act 1998.
If a police officer of at least the rank of superintendent has reasonable grounds for believing that the case is one of great emergency the officer may by a written notice signed by them require any person specified in the notice to provide an explanation of any material seized in pursuance of an order under paragraph 12. Paragraph 10(3) to (5) and paragraph 11 apply to a notice under this paragraph as they apply to an order under paragraph 10. A person who fails to comply with a notice under this paragraph commits an offence. It is a defence for a person charged with an offence under sub-paragraph (3) to show that they had a reasonable excuse for their failure. A person is taken to have shown that they had a reasonable excuse for their failure if— A person guilty of an offence under sub-paragraph (3) is liable—
This paragraph applies where— An intimate sample may be taken from the person if— Paragraphs 10(6) and (9) and 11 apply in relation to the taking of an intimate sample under this paragraph as if references to a detained person are references to a person who was detained under section 27 when the non-intimate samples mentioned in sub-paragraph (1)(a) were taken.
The First Minister for Scotland, a Minister appointed under section 47 of the Scotland Act 1998 or a junior Scottish Minister.
Where appropriate written consent to the taking of an intimate sample from a person under paragraph 10 or 12 is refused without good cause, in any proceedings against that person for an offence— An intimate sample other than a sample of urine or a dental impression may be taken under paragraph 10 or 12 only by a registered medical practitioner acting on the authority of a constable. An intimate sample which is a dental impression may be taken under paragraph 10 or 12 only by a registered dentist acting on the authority of a constable. Where a sample of hair other than pubic hair is to be taken under paragraph 10, the sample may be taken either by cutting hairs or by plucking hairs with their roots so long as no more are plucked than the person taking the sample reasonably considers to be necessary for a sufficient sample.
The First Minister for Wales, a Welsh Minister appointed under section 48 of the Government of Wales Act 2006, the Counsel General to the Welsh Government or a Deputy Welsh Minister appointed under section 50 of that Act.
In the application of paragraphs 10 to 13 in relation to a person detained in England or Wales, the following expressions have the meaning given by section 65 of the Police and Criminal Evidence Act 1984— In the application of section 65(2A) of the Police and Criminal Evidence Act 1984 for the purposes of sub-paragraph (1) of this paragraph, the reference to the destruction of a sample under section 63R of that Act is a reference to the destruction of a sample under paragraph 25 of this Schedule. In the application of paragraphs 10 to 13 in relation to a person detained in Northern Ireland, the expressions listed in sub-paragraph (1) have the meaning given by Article 53 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)). In paragraph 10 “recordable offence”—
A person who commits an offence under this section is liable on conviction on indictment to imprisonment for life or a fine (or both).
A person commits an offence if—
the person engages in prohibited conduct,
the foreign power condition or the designated body condition is met in relation to the prohibited conduct, and
the person intends the prohibited conduct, or a course of conduct of which it forms part, to have an interference effect.
A person commits an offence if—
the person engages in prohibited conduct,
the foreign power condition or the designated body condition is met in relation to the prohibited conduct, and
the person is reckless as to whether the prohibited conduct, or a course of conduct of which it forms part, will have an interference effect.
A person (“P”) commits an offence if—
P engages in a course of conduct with one or more other persons,
the foreign power condition or the designated body condition is met in relation to conduct of P which forms part of the course of conduct,
P intends the course of conduct to have an interference effect,
as part of the course of conduct, a person other than P engages in prohibited conduct, and
P intends or believes that, as part of the course of conduct, a person other than P will engage in prohibited conduct.
For the purposes of subsections (1)(c) and (2)(c) a course of conduct includes a course of conduct engaged in by the person alone, or by the person and one or more other persons.
Subsections (1) and (2) apply whether the person’s conduct takes place in the United Kingdom or elsewhere.
Subsection (3) applies whether P’s conduct or the prohibited conduct takes place in the United Kingdom or elsewhere.
A person who commits an offence under this section is liable on conviction on indictment to imprisonment for a term not exceeding 14 years or a fine (or both).
In this section—
“source of journalistic information” has the same meaning as in section 263 of that Act.
This Part of this Schedule applies in England and Wales and in Northern Ireland. In this Part of this Schedule “relevant act” means—
A constable may apply to a judge for the issue of a warrant under this paragraph. The judge may grant the application if satisfied that an order made under paragraph 3 or 4 in relation to material on the relevant premises has not been complied with. The judge may also grant the application if satisfied that— Condition 1 is that there are reasonable grounds for suspecting that a relevant act has been, or is about to be, committed. Condition 2 is that there are reasonable grounds for suspecting that there is on the relevant premises material which— Condition 3 is that there are reasonable grounds for believing that the material is likely to be of substantial value, whether by itself or with other material, to an investigation into whether a relevant act has been, or is about to be, committed. Condition 4 is that there are reasonable grounds for believing that it is in the public interest that the material should be obtained having regard to— Condition 5 is that any of the following apply— Condition 6 is that it is not reasonably practicable to specify in the application all the premises which the person specified in the application occupies or controls and which might need to be searched. A warrant under this paragraph is a warrant authorising any constable— A warrant under this paragraph does not authorise— In this paragraph the “relevant premises” are—
An authorised person may take any steps which are reasonably necessary for— In sub-paragraph (1) “authorised person” means any of the following— This paragraph does not confer the power to take—
This paragraph applies to— Samples to which this paragraph applies must be destroyed if it appears to the responsible chief officer of police that— Subject to this, the rule in sub-paragraph (4) or (as the case may be) (5) applies. A DNA sample to which this paragraph applies must be destroyed— Any other sample to which this paragraph applies must be destroyed before the end of the period of 6 months beginning with the date on which it was taken. The responsible chief officer of police may apply to a relevant court for an order to retain a sample to which this paragraph applies beyond the date on which the sample would otherwise be required to be destroyed by virtue of sub-paragraph (4) or (5) if— The condition is that, having regard to the nature and complexity of other material that is evidence in relation to the offence, the sample is likely to be needed in any proceedings for the offence for the purposes of— An application under sub-paragraph (6) must be made before the date on which the sample would otherwise be required to be destroyed by virtue of sub-paragraph (4) or (5). If, on an application made by the responsible chief officer of police under sub-paragraph (6), the relevant court is satisfied that the condition in sub-paragraph (7) is met, it may make an order under this sub-paragraph which— An application for an order under sub-paragraph (9) (other than an application for renewal)— In Scotland, an application for an order under sub-paragraph (9) (including an application for renewal) is to be made by summary application. A sample retained by virtue of an order under sub-paragraph (9) must not be used other than for the purposes of any proceedings for the offence in connection with which the sample was taken. A sample must be destroyed if retention of the sample by virtue of an order under sub-paragraph (9) ceases to be allowed. Nothing in this paragraph prevents a relevant search, in relation to samples to which this paragraph applies, from being carried out within such time as may reasonably be required for the search if the responsible chief officer of police considers the search to be desirable. In this paragraph—
In paragraphs 19 to 27— In the definition of “responsible chief officer of police” in sub-paragraph (1), in paragraph (d)(i), “relevant police area” means the police area—
The Secretary of State may impose restrictions on the individual in relation to the residence in which the individual resides. The Secretary of State may, in particular, impose any of the following— The specified residence must be— If there are premises that are the individual’s own residence at the time when the notice imposing restrictions under this paragraph is served on the individual, premises more than 200 miles from those premises may be specified under sub-paragraph (3)(b) only if they are in an agreed locality. An “agreed locality” is a locality in the United Kingdom which is agreed by the Secretary of State and the individual. The specified residence (if it is not the individual’s own residence) may be a residence provided by or on behalf of the Secretary of State. If the specified residence is provided to the individual by or on behalf of the Secretary of State, the Secretary of State may require the individual to comply with any specified terms of occupancy of that residence (which may be specified by reference to a lease or other document). A requirement of the kind mentioned in sub-paragraph (2)(c) must include provision to enable the individual to apply for the permission of the Secretary of State to be away from the specified residence, for the whole or part of any applicable period, on one or more occasions. The Secretary of State may grant such permission subject to either or both of the following conditions— “Agreed premises” are premises in the United Kingdom which are agreed by the Secretary of State and the individual. Sub-paragraph (9) is not to be read as limiting— In sub-paragraph (8) “applicable period” means a period for which the individual is required to remain at the specified residence by virtue of a requirement of the kind mentioned in sub-paragraph (2)(c).
The Secretary of State may impose a requirement for the individual to comply with directions given by a constable in respect of the individual’s movements (which may, in particular, include a restriction on movements). A constable may give such directions only for the purpose of securing compliance— Directions may not remain in effect for a period that is any longer than the constable giving the directions considers necessary for the purpose mentioned in sub-paragraph (2); but that period may not in any event be a period of more than 24 hours.
The Secretary of State may impose on the individual— The descriptions of things which may be specified under sub-paragraph (1)(za) or (zb) are— In sub-paragraph (1)(a)— For the purposes of sub-paragraph (1)(b)—
The Secretary of State may impose restrictions on the individual in relation to the individual’s work or studies. The Secretary of State may, in particular, impose any of the following requirements— In this paragraph—
The Secretary of State may impose a requirement for the individual— A requirement under sub-paragraph (1)(a) is a requirement to attend appointments—
The Secretary of State may impose a requirement for the individual to disclose to the Secretary of State— The Secretary of State may impose a requirement for the individual to comply with any other specified conditions in connection with the disclosure of information within sub-paragraph (1). “Multiple occupancy premises” are premises at which two or more individuals who are not members of the same household reside.
This Schedule confers powers of entry, search, seizure and retention on constables in connection with the imposition of measures on individuals.
This paragraph applies if a constable reasonably suspects that an individual in respect of whom a Part 2 notice is in force has absconded. The constable may (without a warrant) enter and search any premises mentioned in sub-paragraph (3)— The premises referred to in sub-paragraph (2) are— A constable may seize anything that the constable finds in the course of a search carried out under a power conferred by this paragraph—
Anything that is seized under a power conferred by virtue of this Schedule may be— In particular (and regardless of the ground on which the thing was seized)— Nothing may be retained for either of the purposes mentioned in sub-paragraph (2)(a) if a photograph or copy would be sufficient for that purpose. Nothing in this paragraph or in paragraph 12 affects any power of a court to make an order under section 1 of the Police (Property) Act 1897.
This Schedule applies in relation to civil proceedings where the claimant claims damages in those proceedings. The court seised of those proceedings may, on the application of a Minister of the Crown, make a freezing order under this paragraph. A freezing order, in relation to an order made by the court awarding damages in favour of the claimant, is an order that all or part of the damages awarded— A court may not make a freezing order unless satisfied that, if damages are paid to the claimant, there is a real risk that those damages will be used for the purposes of terrorism. An application for a freezing order may be made at any time until there is no further possibility of an appeal on which the order awarding damages in favour of the claimant may be varied or quashed. Any power to extend the time for giving notice of application for leave to appeal, or for applying for leave to appeal, must be ignored for the purposes of sub-paragraph (5). Where the court makes an order awarding damages in favour of the claimant, the court may suspend the effect of that order until it decides the application for a freezing order. In this paragraph—
In this Schedule—
A power conferred on a constable by virtue of this Schedule—
is additional to powers which the constable has at common law or by virtue of any other enactment, and
is not to be taken as affecting those powers.
This paragraph applies if— The device may be seized and retained for as long as is necessary in all the circumstances. In particular— Nothing may be retained for either of the purposes mentioned in sub-paragraph (3)(a) if a photograph or copy would be sufficient for that purpose.
In the application of this Schedule to Northern Ireland, a reference to a claimant is to be read as a reference to a plaintiff. In the application of this Schedule to Scotland, a reference to a claimant is to be read as a reference to a pursuer or, as the case may be, a plaintiff.
A constable may detain an individual for the purpose of carrying out a search of that individual under a power conferred by virtue of this Schedule.
A constable may use reasonable force, if necessary, for the purpose of exercising a power conferred on the constable by virtue of this Schedule.
For the purposes of section 13 an “interference effect” means any of the following effects—
interfering with the exercise by a particular person of a Convention right in the United Kingdom,
affecting the exercise by any person of their public functions,
interfering with whether, or how, any person makes use of services provided in the exercise of public functions,
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,
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
prejudicing the safety or interests of the United Kingdom.
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.
In subsection (1)(d) “relevant political processes” means—
an election or referendum in the United Kingdom,
the proceedings of a local authority,
the proceedings of a UK registered political party, or
the activities of an informal group consisting of or including members of— (acting in that capacity).
one or both of Houses of Parliament,
the Northern Ireland Assembly,
the Scottish Parliament, or
Senedd Cymru,
In subsection (1)(d) “political decisions” means decisions of—
a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975) or a United Kingdom government department,
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,
the Scottish Ministers or the First Minister for Scotland,
the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Government, or
a local authority.
In this section—
Conduct is prohibited conduct for the purposes of section 13 if—
it constitutes an offence, or
if it takes place in a country or territory outside the United Kingdom, it would constitute an offence if it took place in any part of the United Kingdom.
Conduct is prohibited conduct for the purposes of section 13 if it involves coercion of any kind, including coercion by— (whether or not that person is the person to whom the interference effect relates).
using or threatening to use violence against a person;
damaging or destroying, or threatening to damage or destroy, a person’s property;
damaging or threatening to damage a person’s reputation;
causing or threatening to cause financial loss to a person;
causing spiritual injury to, or placing undue spiritual pressure on, a person;
Conduct is prohibited conduct for the purposes of section 13 if it involves making a misrepresentation.
A “misrepresentation” is a representation—
that a reasonable person would consider to be false or misleading in a way material to the interference effect, and
that the person making the representation knows or intends to be false or misleading in a way material to the interference effect.
A misrepresentation may be made by making a statement or by any other kind of conduct, and may be express or implied.
A misrepresentation may in particular include—
a misrepresentation as to a person’s identity or purpose;
presenting information in a way which amounts to a misrepresentation, even if some or all of the information is true.
In this section “interference effect” has the meaning given by section 14.
This section applies where—
a person commits a relevant electoral offence on or after the day on which this section comes into force, and
the foreign power condition or the designated body condition is met in relation to the conduct of the person which constitutes the offence (see sections 31 and 33B).
A “relevant electoral offence” is an offence listed in column 1 of the table in Part 1 of Schedule 1 (“the table”).
The person is liable on conviction on indictment to imprisonment for a term not exceeding the specified maximum term or a fine (or both).
The specified maximum term is the term specified in column 2 of the table in relation to the relevant electoral offence.
Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsection (1) to have been committed on the first of those days.
Part 2 of Schedule 1 amends provisions relating to relevant electoral offences.
A person commits an offence if—
the person—
obtains, accepts or retains a material benefit which is not an excluded benefit, or
obtains or accepts the provision of such a benefit to another person,
the benefit is or was provided by or on behalf of a foreign intelligence service, and
the person knows, or having regard to other matters known to them ought reasonably to know, that the benefit is or was provided by or on behalf of a foreign intelligence service.
A person commits an offence if—
the person agrees to accept—
a material benefit which is not an excluded benefit, or
the provision of such a benefit to another person,
the benefit is to be provided by or on behalf of a foreign intelligence service, and
the person knows, or having regard to other matters known to them ought reasonably to know, that the benefit is to be provided by or on behalf of a foreign intelligence service.
Material benefits may include financial benefits, anything which has the potential to result in a financial benefit, and information.
A material benefit is an excluded benefit if—
it is provided as reasonable consideration for the provision of goods or services, and
the provision of those goods or services does not constitute an offence.
A benefit may be provided by or on behalf of a foreign intelligence service directly or indirectly (for example, it may be provided indirectly through one or more companies).
Subsections (1) and (2) apply to conduct outside the United Kingdom, but apply to conduct taking place wholly outside the United Kingdom only if—
the material benefit is or was, or is to be, provided in or from the United Kingdom, or
in any case, the person engaging in the conduct—
is a UK person, or
acts for or on behalf of, or holds office under, the Crown, or is in Crown employment (whether or not they engage in the conduct in that capacity).
In proceedings for an offence under subsection (1) by virtue of retaining a benefit, it is a defence to show that the person had a reasonable excuse for retaining the benefit.
In proceedings for an offence under subsection (1) or (2) it is a defence to show that the person engaged in the conduct in question—
in compliance with a legal obligation under the law of the United Kingdom which is not a legal obligation under private law,
in the case of a person having functions of a public nature under the law of the United Kingdom, for the purposes of those functions, or
in accordance with an agreement or arrangement to which—
the United Kingdom was a party, or
any person acting for or on behalf of, or holding office under, the Crown was (in that capacity) a party.
A person is taken to have shown a matter mentioned in subsection (7) or (8) if—
sufficient evidence of the matter is adduced to raise an issue with respect to it, and
the contrary is not proved beyond reasonable doubt.
A person who commits an offence under subsection (1) is liable on conviction on indictment to imprisonment for a term not exceeding 14 years or a fine (or both).
A person who commits an offence under subsection (2) is liable on conviction on indictment to imprisonment for a term not exceeding 10 years or a fine (or both).
The following terms have the same meaning as in section 3—
A person commits an offence if, with the intention of— the person engages in any conduct in preparation for the commission of such acts.
committing acts to which this section applies, or
acts to which this section applies being committed by another person,
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.
This section applies to—
acts which constitute an offence under—
section 1 (obtaining or disclosing protected information);
section 2 (obtaining or disclosing trade secrets);
section 4 (entering etc. a prohibited place for a purpose prejudicial to the UK);
section 12 (sabotage);
acts within subsection (4) in relation to which the foreign power condition or the designated body condition is met.
Acts are within this subsection if they—
involve serious violence against a person in the United Kingdom,
endanger the life of a person in the United Kingdom, or
create a serious risk to the health or safety of the public, or a section of the public, in the United Kingdom.
Subsection (1) applies whether the person’s conduct takes place in the United Kingdom or elsewhere.
A person who commits an offence under this section is liable on conviction on indictment to imprisonment for life or a fine (or both).
A person commits an offence if the person—
invites support for, or expresses an opinion or belief that is supportive of, a designated body, and
does so for a prohibited purpose.
A person commits an offence if the person—
arranges, manages or assists in arranging, or managing, a meeting which the person knows is—
to support a designated body,
to further the activities of a designated body, or
to be addressed by a person who belongs or claims to belong to a designated body, and
does so for a prohibited purpose.
A person commits an offence if the person—
addresses a meeting which the person knows is—
to support a designated body, or
to further the activities of a designated body, and
does so for a prohibited purpose.
A “prohibited purpose” means a purpose that the person knows, or having regard to other matters known to them ought reasonably to know, is prejudicial to the safety or interests of the United Kingdom.
Subsections (1) to (3) apply to conduct outside the United Kingdom, but apply to conduct taking place wholly outside the United Kingdom only if the person engaging in the conduct—
is a UK person, or
acts for or on behalf of, or holds office under, the Crown, or is in Crown employment (whether or not they engage in the conduct in that capacity).
In proceedings for an offence under subsection (2)(a)(iii) in respect of a private meeting it is a defence to show that the person had no reasonable cause to believe that the address mentioned in subsection (2)(a)(iii) would support a designated body or further its activities.
A person is taken to have shown a matter mentioned in subsection (6) if—
sufficient evidence of the matter is adduced to raise an issue with respect to it, and
the contrary is not proved beyond reasonable doubt.
A person who commits an offence under this section is liable on conviction on indictment to imprisonment for a term not exceeding 14 years or a fine (or both).
In this section “meeting” means a meeting of three or more persons, whether or not the public are admitted; and a meeting is private if the public are not admitted.
The following terms have the same meaning as in section 3—
A person commits an offence if the person—
engages in conduct of any kind, and
intends that conduct to materially assist a designated body in carrying out UK-related activities.
A person commits an offence if the person—
engages in conduct that is likely to materially assist a designated body in carrying out UK-related activities, and
knows, or having regard to other matters known to them ought reasonably to know, that their conduct is likely to materially assist a designated body in carrying out UK-related activities.
Conduct that may be likely to materially assist a designated body includes providing, or providing access to, information, goods, services or financial benefits (whether directly or indirectly).
“UK-related activities” means—
activities taking place in the United Kingdom;
activities taking place outside the United Kingdom which are prejudicial to the safety or interests of the United Kingdom.
Subsections (1) and (2) apply to conduct outside the United Kingdom, but apply to conduct taking place wholly outside the United Kingdom only if the person engaging in the conduct—
is a UK person, or
acts for or on behalf of, or holds office under, the Crown, or is in Crown employment (whether or not they engage in the conduct in that capacity).
In proceedings for an offence under this section it is a defence to show that the person engaged in the conduct in question—
in compliance with a legal obligation under the law of the United Kingdom which is not a legal obligation under private law,
in the case of a person having functions of a public nature under the law of the United Kingdom, for the purposes of those functions,
as a lawyer carrying on a legal activity,
in accordance with, or in relation to UK-related activities carried out in accordance with, an agreement or arrangement to which—
the United Kingdom was a party, or
any person acting for or on behalf of, or holding office under, the Crown was (in that capacity) a party, or
for the purpose of carrying out humanitarian activities.
A person is taken to have shown a matter mentioned in subsection (6) if—
sufficient evidence of the matter is adduced to raise an issue with respect to it, and
the contrary is not proved beyond reasonable doubt.
For the purposes of subsection (6)(e), the reference to the carrying out of humanitarian activities does not include the carrying out of humanitarian activities in contravention of internationally recognised principles and standards applicable to the carrying out of humanitarian activities.
A person who commits an offence under this section is liable on conviction on indictment to imprisonment for a term not exceeding 14 years or a fine (or both).
The following terms have the same meaning as in section 3—
A person commits an offence if—
the person—
obtains, accepts or retains a material benefit which is not an excluded benefit, or
obtains or accepts the provision of such a benefit to another person,
the benefit is or was provided by or on behalf of a designated body, and
the person knows, or having regard to other matters known to them ought reasonably to know, that the benefit is or was provided by or on behalf of a designated body.
A person commits an offence if—
the person agrees to accept—
a material benefit which is not an excluded benefit, or
the provision of such a benefit to another person,
the benefit is to be provided by or on behalf of a designated body, and
the person knows, or having regard to other matters known to them ought reasonably to know, that the benefit is to be provided by or on behalf of a designated body.
Material benefits may include financial benefits, anything which has the potential to result in a financial benefit, and information.
A material benefit is an excluded benefit if—
it is provided as reasonable consideration for the provision of goods or services, and
the provision of those goods or services does not constitute an offence.
A benefit may be provided by or on behalf of a designated body directly or indirectly (for example, it may be provided indirectly through one or more companies).
Subsections (1) and (2) apply to conduct outside the United Kingdom, but apply to conduct taking place wholly outside the United Kingdom only if—
the material benefit is or was, or is to be, provided in or from the United Kingdom, or
in any case, the person engaging in the conduct—
is a UK person, or
acts for or on behalf of, or holds office under, the Crown, or is in Crown employment (whether or not they engage in the conduct in that capacity).
In proceedings for an offence under subsection (1) by virtue of retaining a benefit, it is a defence to show that the person had a reasonable excuse for retaining the benefit.
In proceedings for an offence under subsection (1) or (2) where— it is a defence to show that the person had a reasonable excuse for that conduct.
the benefit consists of, or includes, information, and
the conduct in question relates to that information,
In proceedings for an offence under subsection (1) or (2) it is a defence to show that the person engaged in the conduct in question—
in compliance with a legal obligation under the law of the United Kingdom which is not a legal obligation under private law,
in the case of a person having functions of a public nature under the law of the United Kingdom, for the purposes of those functions,
in accordance with an agreement or arrangement to which—
the United Kingdom was a party, or
any person acting for or on behalf of, or holding office under, the Crown was (in that capacity) a party, or
for the purpose of carrying out humanitarian activities.
A person is taken to have shown a matter mentioned in subsection (7), (8) or (9) if—
sufficient evidence of the matter is adduced to raise an issue with respect to it, and
the contrary is not proved beyond reasonable doubt.
For the purposes of subsection (9)(d), the reference to the carrying out of humanitarian activities does not include the carrying out of humanitarian activities in contravention of internationally recognised principles and standards applicable to the carrying out of humanitarian activities.
A person who commits an offence under subsection (1) is liable on conviction on indictment to imprisonment for a term not exceeding 14 years or a fine (or both).
A person who commits an offence under subsection (2) is liable on conviction on indictment to imprisonment for a term not exceeding 10 years or a fine (or both).
The following terms have the same meaning as in section 3—
The Sentencing Code is amended as follows.
After section 69 insert—
This section applies where a court in Northern Ireland is considering for the purposes of sentence the seriousness of an offence that—
is committed on or after the day on which this section comes into force, and
is not an offence listed in subsection (2).
Those offences are—
an offence under this Act or an ancillary offence in relation to any such offence;
a relevant electoral offence (within the meaning given by section 16).
An “ancillary offence”, in relation to an offence, means any of the following—
aiding, abetting, counselling or procuring the commission of the offence;
an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to the offence;
attempting or conspiring to commit the offence.
For the purposes of this section, an offence committed by a person under Part 2 of the Serious Crime Act 2007 is related to another offence if that other offence is the offence (or one of the offences) which the person intended or believed would be committed.
Where the foreign power condition or the designated body condition is met in relation to the conduct that constitutes the offence, the court—
must treat that fact as an aggravating factor, and
must state in open court that the offence is so aggravated.
Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsection (1) to have been committed on the first of those days.
In this section “sentence”, in relation to an offence, includes any order made by a court when dealing with a person in respect of the offence.
This section applies where in Scotland, in relation to a relevant offence, it is— that the offence has been aggravated by reason of the foreign power condition or the designated body condition being met in relation to the conduct that constitutes the offence.
libelled in an indictment, and
proved,
Where this section applies, the court must take the aggravation into account in determining the appropriate sentence.
Where the sentence imposed by the court in respect of the offence is different from that which the court would have imposed if the offence had not been aggravated by reason of being an offence within subsection (1), the court must state the extent of, and the reasons for, the difference.
Evidence from a single source is sufficient to prove that an offence has been aggravated by reason of the foreign power condition or the designated body condition being met in relation to conduct which constitutes the offence.
A “relevant offence” is an offence that—
is committed on or after the day on which this section comes into force, and
is not an offence listed in subsection (6).
Those offences are—
an offence under this Act or an ancillary offence in relation to any such offence;
a relevant electoral offence (within the meaning given by section 16).
An “ancillary offence”, in relation to an offence, means any of the following—
being art and part in the commission of the offence;
inciting a person to commit the offence;
attempting or conspiring to commit the offence.
Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsection (5)(a) to have been committed on the first of those days.
In section 238 of the Armed Forces Act 2006 (deciding the seriousness of an offence), at the end insert—
Schedule 2 confers powers of entry, search and seizure in relation to—
certain offences under this Part of this Act, and
acts or threats within section 33(3)(b) or (c).
Schedule 3 makes provision for disclosure orders.
Schedule 4 makes provision for customer information orders.
Schedule 5 makes provision for account monitoring orders.
A constable may arrest without a warrant anyone who the constable reasonably suspects is, or has been, involved in foreign power threat activity.
Schedule 6 makes provision about detention under this section.
Subject to subsections (5) to (8), a person detained under this section must be released (unless detained under any other power) not later than the end of the period of 48 hours beginning with—
the time of the person’s arrest under this section, or
if the person was being detained under a provision listed in subsection (4) when arrested under this section, with the time when the person was detained under that provision.
Those provisions are—
section 24 of the Police and Criminal Evidence Act 1984;
Article 26 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12));
section 41 of, and Schedule 7 to, the Terrorism Act 2000;
section 1 of the Criminal Justice (Scotland) Act 2016 (asp 1);
Part 1 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019.
A person arrested under this section must be released if, on a review of the person’s detention under Part 5 of Schedule 6, the review officer does not authorise continued detention. This subsection does not apply if the person is detained in accordance with subsection (6) or (7) or under any other power.
Where a police officer intends to make an application for a warrant under paragraph 37 of Schedule 6 (warrant of further detention) to extend the period of a person’s detention, the person may be detained pending the making of the application.
Where an application has been made— the person may be detained pending the conclusion of proceedings on the application.
under paragraph 37 of Schedule 6 for a warrant to extend the period of a person’s detention, or
under paragraph 44 of that Schedule to further extend the period of a person’s detention,
Where an application under paragraph 37 or 44 of Schedule 6 is granted in respect of a person’s detention, the person may be detained, subject to paragraph 45 of that Schedule (conditions for detention), during the period specified in the warrant.
The refusal of an application in respect of a person’s detention under paragraph 37 or 44 of Schedule 6 does not prevent the person’s continued detention in accordance with this section.
Subsection (11) applies where—
a person is detained under this section in hospital, or
a person detained under this section is removed to hospital because the person needs medical treatment.
Where this subsection applies—
any time during which the person is being questioned in hospital or (where this subsection applies by virtue of subsection (10)(b)) on the way there or back for the purpose of obtaining relevant evidence is to be included in calculating any period which falls to be calculated for the purposes of this section or Part 6 of Schedule 6, but
any other time when the person is in hospital or (where this subsection applies by virtue of subsection (10)(b)) on the way there or back is not to be included.
In subsection (11) “relevant evidence” means, in relation to the detained person, evidence which indicates that the detained person is, or has been, involved in foreign power threat activity.
A person who has the powers of a constable in one part of the United Kingdom may exercise the power under subsection (1) in any part of the United Kingdom.
In this section and Schedule 6 references to involvement in foreign power threat activity do not include involvement in such activity occurring before this section comes into force.
A power conferred on a constable by virtue of this Part—
is additional to powers which the constable has at common law or by virtue of any other enactment, and
is not to be taken as affecting those powers.
A constable may if necessary use reasonable force for the purpose of exercising a power conferred on the constable by virtue of this Part.
In paragraph 12(11) of Schedule 3 to the Counter-Terrorism and Border Security Act 2019 (definition of protected material)—
in paragraph (a)—
at the end of sub-paragraph (i) insert “or”;
omit the “or” at the end of sub-paragraph (ii);
omit sub-paragraph (iii);
in paragraph (b)(ii) omit “or (iii)”;
in paragraph (c)—
at the end of sub-paragraph (i) insert “or”;
omit the “or” at the end of sub-paragraph (ii);
omit sub-paragraph (iii).
Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) is amended as follows.
After section 50 insert—
For the heading before section 50 substitute “Defences”.
For the purposes of this Part the foreign power condition is met in relation to a person’s conduct if—
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
the person knows, or having regard to other matters known to them ought reasonably to know, that to be the case.
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—
it is instigated by a foreign power,
it is under the direction or control of a foreign power,
it is carried out with financial or other assistance provided by a foreign power for that purpose, or
it is carried out in collaboration with, or with the agreement of, a foreign power.
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).
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.
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.
For the purposes of subsection (5) it is not necessary to identify a particular foreign power.
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.
In this Part “foreign power” means—
the sovereign or other head of a foreign State in their public capacity,
a foreign government, or part of a foreign government,
an agency or authority of a foreign government, or of part of a foreign government,
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
a political party which is a governing political party of a foreign government.
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—
hold those posts as a result of, or in the course of, their membership of the party, or
in exercising the functions of those posts, are subject to the direction or control of, or significantly influenced by, the party.
Subsection (1)(e) does not include a political party which is—
a governing political party of the government of the Republic of Ireland, and
a party registered under Part 2 of the Political Parties, Elections and Referendums Act 2000.
In this section—
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—
the commission, preparation or instigation of acts or threats within subsection (3);
conduct which facilitates (or is intended to facilitate) conduct falling within paragraph (a);
conduct which gives support or assistance to a person (“P”), where the person who engages in the conduct— conduct falling within paragraph (a).
knows or believes P to be involved in, and
engages in the conduct for the purpose of giving support or assistance to,
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.
References to acts or threats within this subsection are to—
acts which constitute an offence under—
section 1 (obtaining or disclosing protected information);
section 2 (obtaining or disclosing trade secrets);
section 3 (assisting a foreign intelligence service);
section 4 (entering etc. a prohibited place for a purpose prejudicial to the UK);
section 12 (sabotage);
section 13 (foreign interference: general);
section 17(1) (obtaining material benefits from a foreign intelligence service);
section 17A (supporting a designated body);
section 17B (assisting a designated body);
section 17C (obtaining etc material benefits from a designated body);
acts within subsection (4) in relation to which the foreign power condition or the designated body condition is met;
threats to carry out acts within subsection (4), where the foreign power condition or the designated body condition is met in relation to the threats.
Acts are within this subsection if they—
involve serious violence against another person,
endanger the life of another person, or
create a serious risk to the health or safety of the public or a section of the public.
For the purposes of section 33A(1)(a) (designation of bodies involved in foreign power threat activity), this section is to be read as if—
in subsection (3)(a), sub-paragraphs (viii) to (x) were omitted;
in subsection (3)(b), the words “or the designated body condition” were omitted;
in subsection (3)(c), the words “or the designated body condition” were omitted.
In this Part—
a police force maintained for a police area in England and Wales;
“Duchy interest” means an interest belonging to His Majesty in right of the Duchy of Lancaster or belonging to the Duchy of Cornwall;
The Representation of the People Act 1983 is amended as follows. In section 65 (offence of tampering with nomination papers etc) after subsection (4) insert— In section 168 (penalties for corrupt practices) after subsection (1) insert— In section 176 (time limit for prosecutions) after subsection (1) insert—
A constable may make an application for the issue of a warrant under this paragraph— The justice of the peace or lay magistrate may grant the application if satisfied that— Condition 1 is that there are reasonable grounds for suspecting that a relevant act has been, or is about to be, committed. Condition 2 is that there are reasonable grounds for suspecting that there is on the relevant premises material which— Condition 3 is that it is not reasonably practicable to specify in the application all the premises which the person specified in the application occupies or controls and which might need to be searched. A warrant under this paragraph is a warrant authorising any constable— A warrant under this paragraph does not authorise— In this paragraph the “relevant premises” are—
This Part of this Schedule is without prejudice to any rule of law under which— are in legal proceedings protected from disclosure on the ground of confidentiality. For the purpose of exercising any powers conferred on them under this Part of this Schedule a constable may, if necessary, open lockfast places on premises which they are entitled to enter in pursuance of an order under paragraph 19 or 20, a warrant under paragraph 25 or an order under paragraph 27. A search of a person under this Part of this Schedule may only be carried out by a person of the same sex.
The Secretary of State may impose restrictions on the individual leaving a specified area or travelling outside that area. The specified area must be— The Secretary of State may, in particular, impose any of the following requirements— “Travel document” means— “Passport” means any of the following—
The Secretary of State may impose restrictions on the individual’s use of, or access to, such descriptions of financial services as are specified. The Secretary of State may, in particular, impose any of the following requirements— The Secretary of State must allow the individual to hold (at least) one account (the “nominated account”) if— In sub-paragraph (3) “bank” means an institution which is incorporated in, or formed under the law of, any part of the United Kingdom and which has permission under Part 4A of the Financial Services and Markets Act 2000 to carry on the regulated activity of accepting deposits (within the meaning of section 22 of that Act, taken with Schedule 2 to that Act and any order under section 22 of that Act). The reference in sub-paragraph (2)(d) to possessing or otherwise controlling cash does not include any cash that is held in an account with a person providing financial services (in accordance with any requirements imposed under this paragraph). In sub-paragraph (2)(d) “cash” means— A reference in this paragraph to the individual holding an account is a reference to an account held with a person providing financial services— In this paragraph “financial services” means any service of a financial nature, including (but not limited to) banking and other financial services consisting of—
The Secretary of State may impose either or both of the following— The Secretary of State may, in particular, impose— The Secretary of State must allow the individual to possess and use (at least) one of each of the following descriptions of device (subject to any conditions on such use as may be specified under sub-paragraph (2)(b))— The conditions specified under sub-paragraph (2)(b) may, in particular, include conditions in relation to— An “electronic communication device” means any of the following— The devices within sub-paragraph (5)(a) include (but are not limited to)—
The Secretary of State may impose a requirement for the individual— Such a notice may, in particular, provide that a requirement to report to a police station is not to apply if conditions specified in the notice are met.
The Secretary of State may impose a requirement for the individual to allow photographs to be taken of the individual at such locations and at such times as the Secretary of State may by notice require.
The Secretary of State may vary or revoke a notice given by the Secretary of State under this Schedule.
Immediately after serving the Part 2 notice, the Secretary of State must refer to the court the imposition of the measures on the individual. The function of the court on the reference is to consider whether the relevant decisions of the Secretary of State were obviously flawed. The court’s consideration of the reference must begin within the period of 7 days beginning with the day on which the Part 2 notice is served on the individual. The court may consider the reference— But that does not limit the matters about which rules of court may be made.
References in this Schedule to the urgency condition being met are references to condition E being met by virtue of section 40(5)(b) (urgency of the case requires measures to be imposed without obtaining the permission of the court). In this Schedule “relevant decisions” means the decisions that the following conditions are met—
Rules of court relating to relevant proceedings or appeal proceedings must secure that the Secretary of State is required to disclose— This paragraph is subject to paragraph 4.
The first time that rules of court are made in exercise of the powers conferred by this Schedule in relation to proceedings in England and Wales or in Northern Ireland, the rules may be made by the Lord Chancellor instead of by the person who would otherwise make them. Before making rules of court under sub-paragraph (1), the Lord Chancellor must consult— But the Lord Chancellor is not required to undertake any other consultation before making the rules. A requirement to consult under sub-paragraph (2) may be satisfied by consultation that took place wholly or partly before this Schedule comes into force. Rules of court made by the Lord Chancellor under sub-paragraph (1)— In determining that period of 40 days no account is to be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days. If rules cease to have effect in accordance with sub-paragraph (5)— The following provisions do not apply to rules of court made by the Lord Chancellor under this paragraph— Until the coming into force of section 85 of the Courts Act 2003, the reference in sub-paragraph (8)(a) to section 3(6) of the Civil Procedure Act 1997 is to be read as a reference to section 3(2) of that Act.
This paragraph applies if a Part 2 notice is being, or has just been, served on an individual. A constable may (without a warrant)— The purpose is that of ascertaining whether there is anything on the individual, or (as the case may be) in the premises, that contravenes measures specified in the Part 2 notice. The premises referred to in sub-paragraph (2)(b) are— A constable may seize anything that the constable finds in the course of a search carried out under a power conferred by this paragraph—
Any fingerprints, data or samples obtained under paragraph 1 or 4, or information derived from such samples, may be checked against—
other such fingerprints, data or samples or any information derived from such samples;
any fingerprints or samples taken under paragraph 10 or 12 of Schedule 6 or any information derived from such samples;
any fingerprints, samples or information mentioned in section 63A(1)(a) or (b) of the Police and Criminal Evidence Act 1984;
any fingerprints, samples or information mentioned in Article 63A(1)(a) and (b) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12));
any fingerprints or samples taken under paragraph 10 or 12 of Schedule 8 to the Terrorism Act 2000 or any information derived from such samples;
any of the relevant physical data, samples or information mentioned in section 19C(1) of the Criminal Procedure (Scotland) Act 1995;
any of the relevant physical data, samples or information held by virtue of section 56 of the Criminal Justice (Scotland) Act 2003 (asp 7);
material to which section 18 of the Counter-Terrorism Act 2008 applies;
any of the fingerprints, data or samples obtained under paragraph 1 or 4 of Schedule 6 to the Terrorism Prevention and Investigation Measures Act 2011, or information derived from such samples;
any fingerprints or samples taken under paragraph 34 of Schedule 3 to the Counter-Terrorism and Border Security Act 2019 or any information derived from such samples.
A foreign power holds a share “indirectly” if the foreign power has a majority stake in a person and that person— A foreign power holds a right “indirectly” if the foreign power has a majority stake in a person and that person— For the purposes of sub-paragraphs (1) and (2), a foreign power has a “majority stake” in a person if—
Rules of court relating to relevant proceedings or appeal proceedings must secure— Rules of court relating to relevant proceedings or appeal proceedings must secure that provision to the effect mentioned in sub-paragraph (3) applies in cases where the Secretary of State— The relevant court must be authorised— In this paragraph—
In this Part references to a part of the United Kingdom are references to—
England and Wales,
Scotland, or
Northern Ireland.
If an offence under this Part is committed by a body— the officer, as well as the body, is guilty of the offence and liable to be proceeded against and punished accordingly.
with the consent or connivance of an officer of the body, or
due to any neglect on the part of such an officer,
In this section—
In subsection (2) “director” includes—
a person occupying in relation to a body corporate the position of a director (by whatever name called),
a person in accordance with whose directions or instructions (not being advice given in a professional capacity) the directors of that body are accustomed to act, and
a person who has an interest or right in, or in relation to, the body corporate that (whether alone or together with other interests or rights held by the person) enables the person materially to influence the policy of the body corporate.
If the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member's functions of management as if the member were a director of the body.
The Secretary of State may by regulations provide for the modification of any provision of this section in its application to a body corporate or unincorporated association formed or recognised under the law of a country or territory outside the United Kingdom.
Where an offence under this Part may be committed by conduct taking place outside the United Kingdom, it may be so committed—
in the case of conduct by an individual, whatever the nationality of the individual, and
in the case of conduct by a person other than an individual, regardless of whether the body corporate or unincorporated association is formed or recognised under the law of a country or territory outside the United Kingdom.
Subsection (1) is subject to sections 3(6) and 17(6) (commission of offences under sections 3 and 17 by conduct outside the United Kingdom).
Where an offence under this Part is committed outside the United Kingdom—
proceedings for the offence may be taken at any place in the United Kingdom, and
the offence may for all incidental purposes be treated as having been committed at any such place.
In the application of subsection (3) to Scotland, any such proceedings against a person may be taken—
in any sheriff court district in which the person is apprehended or is in custody, or
in such sheriff court district as the Lord Advocate may determine.
“Sheriff court district” is to be read in accordance with the Criminal Procedure (Scotland) Act 1995 (see section 307(1) of that Act).
This section applies to offences under this Part, except offences under—
section 5 (unauthorised entry to a prohibited place);
section 6 (prohibited place: failure to comply with order of constable);
section 11 (cordoned area: failure to comply with order of constable);
Schedule 2 (powers of entry, search and seizure);
Schedule 3 (disclosure orders);
Schedule 4 (customer information orders).
Proceedings for an offence to which this section applies may be instituted—
in England and Wales, only with the consent of the Attorney General;
in Northern Ireland, only with the consent of the Advocate General for Northern Ireland.
If it is necessary in the interests of national security, a court may exclude the public from— except for the passing of sentence.
any part of proceedings for an offence under this Part, or
any part of proceedings relating to section 69A of the Sentencing Act 2020 (as inserted by section 19) or to section 20 or 21,
The Secretary of State may by regulations designate a body for the purposes of this Part if the Secretary of State—
reasonably believes that the body is, or has been, involved in foreign power threat activity (see section 33), and
considers that designating the body is necessary to protect the safety or interests of the United Kingdom.
The Secretary of State may by regulations remove the designation of a body.
In this Part a “designated body” means a body for the time being designated by regulations under this section.
Regulations under this section may amend this Act to insert a Schedule listing the body or bodies designated under this section.
Regulations under this section may amend a Schedule inserted under subsection (4) so as to—
add an entry relating to a designated body;
remove or amend an entry relating to a designated body.
If the Secretary of State reasonably believes— the designation of the body may include alternative names.
that a body is, or has been, operating wholly or partly under more than one name, or
that two or more bodies are for all practical purposes the same body,
Nothing in this section prevents any liability from being established in any proceedings by proof that a body is the same as a designated body, even though the body was operating under a name not included in the designation of the body.
In this section “body” includes any association or combination of persons.
For the purposes of this Part the designated body condition is met in relation to a person’s conduct if—
the conduct in question, or a course of conduct of which it forms part, is carried out for or on behalf of a designated body, and
the person knows, or having regard to other matters known to them ought reasonably to know, that to be the case.
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 designated body if—
it is instigated by a designated body,
it is under the direction or control of a designated body,
it is carried out with financial or other assistance provided by a designated body for that purpose, or
it is carried out in collaboration with, or with the agreement of, a designated body.
Subsections (1)(a) and (2) may be satisfied by a direct or indirect relationship between the conduct, or the course of conduct, and the designated body (for example, there may be an indirect relationship through one or more companies).
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.
The designated body condition is also met in relation to a person’s conduct if the person intends the conduct in question to benefit a designated body.
The designated body 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 designated body, as it may be met in relation to the conduct of any other person.
An application may be made to the Secretary of State to exercise the power in section 33A to—
remove the designation of a body, or
remove an alternative name included in the designation of a body.
An application may be made by—
the designated body, or
any person affected by the designation.
The Secretary of State may by regulations make provision about the procedure for applications under this section.
The regulations may—
require the Secretary of State to determine an application within a specified period of time, and
require an application to state the grounds on which it is made.
Where an application under section 33C is refused, the applicant may appeal to the Proscribed Organisations Appeal Commission established under section 5(1) of the Terrorism Act 2000 (referred to in this Part as “the Commission”).
The Commission must allow an appeal against a refusal to remove the designation of a body or to remove an alternative name included in the designation of a body if it considers that the decision to refuse was flawed when considered in the light of the principles applicable on an application for judicial review.
Where the Commission allows an appeal under this section, it must make an order under this subsection.
Where an order is made under subsection (3) in respect of an appeal against a refusal to remove the designation of a body, the Secretary of State must as soon as is reasonably practicable—
lay before Parliament, in accordance with section 96(6), draft regulations under section 33A removing the designation of the body, or
make regulations under that section removing the designation of the body in accordance with section 96(6A).
Where an order is made under subsection (3) in respect of an appeal against a refusal to remove an alternative name from a designation of a body, the Secretary of State must, as soon as is reasonably practicable—
lay before Parliament, in accordance with section 96(6), draft regulations under section 33A removing the alternative name from the designation, or
make regulations under that section removing the alternative name from the designation in accordance with section 96(6A).
A party to an appeal under section 33D which the Commission has determined may bring a further appeal on a question of law to—
the Court of Appeal, if the first appeal was heard in England and Wales,
the Court of Session, if the first appeal was heard in Scotland, or
the Court of Appeal in Northern Ireland, if the first appeal was heard in Northern Ireland.
An appeal under subsection (1) may be brought only with the permission—
of the Commission, or
where the Commission refuses permission, of the court to which the appeal would be brought.
An order under section 33D(3) may not require the Secretary of State to take any action until the final determination or disposal of an appeal under this section (including any appeal to the Supreme Court).
This section applies where—
an appeal under section 33D has been allowed in respect of a body,
regulations have been made under section 33A in respect of the body in accordance with an order of the Commission under section 33D(3) (and, if the regulations were made in reliance on section 96(6A), a resolution has been passed by each House of Parliament under section 96(6B)),
a person has been convicted of an offence in respect of the body under—
any of sections 17A to 17C, or
any of sections 1, 2, 12, 13, 16 or 18 where the designated body condition was met, and
the conduct to which the charge referred took place on or after the date of the refusal to remove a designation against which the appeal under section 33D was brought.
This section also applies where—
an appeal under section 33D has been allowed in respect of an alternative name included in the designation of a body,
regulations have been made under section 33A in respect of the alternative name in accordance with an order of the Commission under section 33D(3) (and, if the regulations were made in reliance on section 96(6A), a resolution has been passed by each House of Parliament under section 96(6B)),
a person has been convicted of an offence in respect of the body under—
any of sections 17A to 17C, or
any of sections 1, 2, 12, 13, 16 or 18 where the designated body condition was met, and
the conduct to which the charge referred took place on or after the date of the refusal, against which the appeal under section 33D was brought, to remove an alternative name from a designation of a body.
A person mentioned in subsection (1)(c) or (2)(c) may appeal against the conviction.
An appeal under subsection (3) is to be made—
in the case of a conviction in England and Wales or Northern Ireland, to the Court of Appeal;
in the case of a conviction in Scotland, to the High Court of Justiciary.
On an appeal under subsection (3) to any court, that court must allow the appeal and quash the conviction.
An appeal under subsection (3) to the Court of Appeal against a conviction—
may be brought irrespective of whether the person has previously appealed against the conviction;
must be brought within the period of 28 days beginning with the relevant date;
is to be treated as an appeal under section 1 of the Criminal Appeal Act 1968 or, in Northern Ireland, under section 1 of the Criminal Appeal (Northern Ireland) Act 1980, but does not require leave in either case.
An appeal under subsection (3) to the High Court of Justiciary against a conviction—
may be brought irrespective of whether the person has previously appealed against the conviction;
must be brought within the period of two weeks beginning with the relevant date;
is to be treated as an appeal under section 106 of the Criminal Procedure (Scotland) Act 1995 for which leave has been granted.
In this section “the relevant date” means—
the date on which the regulations mentioned in subsection (1)(b) or (2)(b) come into force, or
where the regulations are made in reliance on section 96(6A), the date on which they are approved by the second House of Parliament to approve them.
The Commission is the appropriate tribunal for the purposes of section 7 of the Human Rights Act 1998 in relation to any proceedings which call into question a decision made by the Secretary of State in relation to an application made under section 33C.
The following are not admissible as evidence in proceedings for an offence under any of sections 17A to 17C, or under any of sections 1, 2, 12, 13, 16 or 18 where the condition to be met is the designated body condition—
evidence of anything done in relation to an application to the Secretary of State under section 33C,
evidence of anything done in relation to proceedings before the Commission under section 33D or section 7(1) of the Human Rights Act 1998,
evidence of anything done in relation to proceedings under section 33E, and
any document submitted for the purposes of proceedings mentioned in any of paragraphs (a) to (c).
But subsection (1) does not prevent evidence from being adduced by, or on behalf of, the defendant (or, in Scotland, the accused person).
The Secretary of State may by notice (a “Part 2 notice”) impose specified prevention and investigation measures on an individual if conditions A to E in section 40 are met.
In this Part “prevention and investigation measures” means requirements, restrictions and other provision which may be made in relation to an individual by virtue of Schedule 7.
In this section and Part 1 of Schedule 7 “specified” means specified in the Part 2 notice.
The Secretary of State must publish factors that the Secretary of State considers are appropriate to take into account when deciding whether to impose restrictions on an individual by virtue of paragraph 2 of Schedule 7 (travel measure).
Condition A is that the Secretary of State reasonably believes that the individual is, or has been, involved in foreign power threat activity.
Condition B is that some or all of the foreign power threat activity in which the individual is, or has been, involved is new foreign power threat activity.
Condition C is that the Secretary of State reasonably considers that it is necessary, for purposes connected with protecting the United Kingdom from the risk of acts or threats within section 33(3), for prevention and investigation measures to be imposed on the individual.
Condition D is that the Secretary of State reasonably considers that it is necessary, for purposes connected with preventing or restricting the individual's involvement in foreign power threat activity, for the prevention and investigation measures specified in the notice to be imposed on the individual.
Condition E is that—
the court gives the Secretary of State permission under section 42, or
the Secretary of State reasonably considers that the urgency of the case requires prevention and investigation measures to be imposed without obtaining such permission.
In relation to prevention and investigation measures under paragraph 1 of Schedule 7 (residence measure), conditions A, B and D (and subsection (7)) apply as if the references to foreign power threat activity were to foreign power threat activity which relates to acts or threats within section 33(3)(b) or (c).
In this section “new foreign power threat activity” means—
if no Part 2 notice relating to the individual has ever been in force, foreign power threat activity occurring at any time;
if only one Part 2 notice relating to the individual has ever been in force, foreign power threat activity occurring after that notice came into force;
if two or more Part 2 notices relating to the individual have been in force, foreign power threat activity occurring after such a notice came into force most recently.
In this section references to foreign power threat activity, and to an individual’s involvement in such activity, include foreign power threat activity, and an individual’s involvement in such activity, occurring before section 39 comes into force.
A Part 2 notice—
comes into force when the notice is served on the individual or, if later, at the time specified for this purpose in the notice, and
is in force for the period of one year.
The Secretary of State may by notice extend a Part 2 notice for a period of one year beginning when the Part 2 notice would otherwise expire.
A Part 2 notice—
may be extended under subsection (2) only if conditions A, C and D are met, and
may be so extended on up to four occasions.
This section is subject, in particular, to sections 49 (revocation and revival of Part 2 notices) and 50 (replacement of Part 2 notice that is quashed etc).
This section applies if the Secretary of State—
makes the relevant decisions in relation to an individual, and
makes an application to the court for permission to impose measures on the individual.
The application must set out a draft of the proposed Part 2 notice.
The function of the court on the application is—
to determine whether the relevant decisions of the Secretary of State are obviously flawed, and
to determine whether to give permission to impose measures on the individual and (where applicable) whether to exercise the power of direction under subsection (9).
The court may consider the application—
in the absence of the individual,
without the individual having been notified of the application, and
without the individual having been given an opportunity (if the individual was aware of the application) of making any representations to the court.
But that does not limit the matters about which rules of court may be made.
In determining the application, the court must apply the principles applicable on an application for judicial review.
In a case where the court determines that a decision of the Secretary of State that condition A, condition B or condition C is met is obviously flawed, the court may not give permission under this section.
In any other case, the court may give permission under this section.
If the court determines that the Secretary of State's decision that condition D is met is obviously flawed, the court may (in addition to giving permission under subsection (8)) give directions to the Secretary of State in relation to the measures to be imposed on the individual.
In this section “relevant decisions” means the decisions that the following conditions are met—
condition A,
condition B,
condition C, and
condition D.
Schedule 8 makes provision about references to the court in urgent cases.
This section applies if the court—
gives permission under section 42 for measures to be imposed on an individual, or
confirms under paragraph 4(3) of Schedule 8 (whether or not subject to paragraph 4(2) of that Schedule) a Part 2 notice which imposes measures on an individual.
The court must, at the hearing where it gives the permission or confirms the notice, give directions for a further hearing (a “directions hearing”)—
which, unless the court otherwise directs (whether in those directions or subsequently), is to be held within the period of 7 days beginning with the relevant day, and
which the individual is to have the opportunity to attend.
In a case where this section applies because the court gives permission under section 42, directions given under subsection (2) may not be served on the individual unless the Part 2 notice has been served on that individual.
At the directions hearing, the court must give directions for a further hearing (a “review hearing”) in relation to the imposition of measures on the individual.
Directions under subsection (4) must provide for the review hearing to be held as soon as reasonably practicable.
In this section “relevant day” means—
in a case falling within subsection (1)(a), the day on which the Part 2 notice imposing the measures is served on the individual;
in a case falling within subsection (1)(b), the day on which the court confirms the Part 2 notice.
On a review hearing held in compliance with directions under section 44(4), the function of the court is to review the decisions of the Secretary of State that the relevant conditions were met and continue to be met.
In doing so, the court must apply the principles applicable on an application for judicial review.
The court—
must discontinue the review hearing if the individual requests the court to do so, and
may discontinue the review hearing in any other circumstances.
The court may not discontinue the review hearing in accordance with subsection (3)(b) without giving the Secretary of State and the individual the opportunity to make representations.
The court has the following powers (and only those powers) on a review hearing—
power to quash the Part 2 notice;
power to quash measures specified in the Part 2 notice;
power to give directions to the Secretary of State for, or in relation to—
the revocation of the Part 2 notice, or
the variation of measures specified in the Part 2 notice.
If the court does not exercise any of its powers under subsection (5), the court must decide that the Part 2 notice is to continue in force.
If the court exercises a power under subsection (5)(b) or (c)(ii), the court must decide that the Part 2 notice is to continue in force subject to that exercise of that power.
In this section “relevant conditions” means—
condition A,
condition B,
condition C, and
condition D.
The Secretary of State must consult the chief officer of the appropriate police force about the matter mentioned in subsection (2) before—
making an application under section 42 for permission to impose measures on an individual, or
imposing measures on an individual in a case to which section 40(5)(b) applies (urgency of the case requires measures to be imposed without obtaining the permission of the court).
The matter is whether there is evidence available that could realistically be used for the purposes of prosecuting the individual for an offence—
within section 33(3)(a), or
relating to acts or threats within section 33(3)(b) or (c).
The “appropriate police force” means the police force—
that is investigating the commission of any such offence by the individual, or
by which it appears to the Secretary of State that the commission of any such offence by the individual would fall to be investigated.
If the Secretary of State serves a Part 2 notice on an individual, the Secretary of State must inform the chief officer of the appropriate police force—
that the Part 2 notice has been served, and
that the chief officer must act in accordance with the duty under subsection (5).
After being informed of the matters mentioned in subsection (4), the chief officer must—
secure that the investigation of the individual's conduct, with a view to a prosecution of the individual for an offence— is kept under review throughout the period the Part 2 notice is in force, and
within section 33(3)(a), or
relating to acts or threats within section 33(3)(b) or (c),
report to the Secretary of State on the review carried out under paragraph (a).
The chief officer must consult the relevant prosecuting authority before responding to consultation under subsection (1).
The chief officer must also, to the extent that the chief officer considers it appropriate to do so, consult the relevant prosecuting authority in carrying out the duty under subsection (5)(a).
The “relevant prosecuting authority” is—
in the case of offences that would be likely to be prosecuted in England and Wales, the Director of Public Prosecutions;
in the case of offences that would be likely to be prosecuted in Scotland, the Lord Advocate;
in the case of offences that would be likely to be prosecuted in Northern Ireland, the Director of Public Prosecutions for Northern Ireland.
The duty to consult under subsection (1) or (6) may be satisfied by consultation that took place wholly or partly before the passing of this Act.
In this section—
During the period that a Part 2 notice is in force, the Secretary of State must keep under review whether conditions C and D are met.
The Secretary of State may by notice (a “variation notice”) vary measures specified in a Part 2 notice if—
the variation consists of the relaxation or removal of measures,
the variation is made with the consent of the individual, or
the Secretary of State reasonably considers that the variation is necessary for purposes connected with preventing or restricting the individual's involvement in foreign power threat activity.
The Secretary of State may by variation notice vary a relocation measure so as to substitute a different specified residence if the Secretary of State reasonably considers that—
the variation is necessary for reasons connected with the efficient and effective use of resources in relation to the individual, and
the relocation measure (as varied) remains necessary for purposes connected with preventing or restricting the individual’s involvement in foreign power threat activity which relates to acts or threats within section 33(3)(b) or (c).
A “relocation measure” is a measure under paragraph 1(2) of Schedule 7 which requires the individual to reside at a specified residence within paragraph 1(3)(b) of that Schedule (requirement to reside at premises specified by Secretary of State other than individual's own residence).
The individual to whom a Part 2 notice relates may make an application to the Secretary of State for the variation of measures specified in the notice.
The Secretary of State must consider an application made under subsection (4).
An application under subsection (4) must be made in writing.
The Secretary of State may by notice request the provision, within such period of time as the notice may specify, of further information from the individual in connection with an application under subsection (4).
The Secretary of State is not required to consider an application further unless any information requested under subsection (7) is provided in accordance with the notice mentioned in that subsection.
A variation under subsection (1) or (2) takes effect when the variation notice is served or, if later, at the time specified for this purpose in the variation notice.
The power under subsection (1) or (2) is exercisable whether or not an application has been made under subsection (4).
In a case where a Part 2 notice— the power under subsection (1) or (2) may (in particular) be exercised in relation to the Part 2 notice before any revival of the Part 2 notice under section 49(6) so as to take effect at the time that the Part 2 notice comes back into force on its revival.
has expired as mentioned in section 49(6)(a), or
has been revoked,
In such a case, the question of whether condition D is met is to be determined for the purposes of section 49(6) by reference to the measures specified in the Part 2 notice as they would be after the exercise of the power under subsection (1) or (2).
Subsection (2) does not limit the power under subsection (1).
The Secretary of State may by notice (a “revocation notice”) revoke a Part 2 notice at any time.
The revocation of a Part 2 notice takes effect when the revocation notice is served or, if different, at the time specified for this purpose in the revocation notice.
The individual to whom a Part 2 notice relates may make an application to the Secretary of State for the revocation of the Part 2 notice.
The Secretary of State must consider an application made under subsection (3).
The power under subsection (1) is exercisable whether or not an application has been made under subsection (3).
The Secretary of State may by notice (a “revival notice”) at any time revive a Part 2 notice which— if conditions A, C and D are met.
has expired—
without being extended under section 41(2), or
having been extended under section 41(2) on fewer than four occasions, or
has been revoked,
The power of revival may be exercised—
under subsection (6)(a) or (b) whether or not the Part 2 notice has previously been revoked and revived, and
under subsection (6)(b) whether or not the Part 2 notice has been extended under section 41(2) (and regardless of how many times it has been so extended).
But the power of revival under subsection (6)(b) may not be exercised to revive a Part 2 notice which the Secretary of State was required to revoke by directions given by the court in relevant proceedings.
A Part 2 notice which is revived—
comes back into force when the revival notice is served or, if later, at the time specified for this purpose in the revival notice,
is in force—
for the period of one year (in a case where the revived notice had expired), or
for the period of time for which the Part 2 notice would have continued in force if it had not been revoked (in a case where the revived notice had been revoked), and
is treated as having been extended under section 41(2) on the same number of occasions (if any) as on which the revived notice had been so extended.
This section applies if—
a Part 2 notice, the extension of a Part 2 notice, or the revival of a Part 2 notice, is quashed in relevant proceedings, or
a Part 2 notice is revoked by the Secretary of State in compliance with directions given by the court in relevant proceedings.
The replacement Part 2 notice is to be in force for the period of time for which the overturned notice would have continued in force but for the quashing or revocation.
The replacement Part 2 notice is to be treated as having been extended under section 41(2) on the same number of occasions (if any) as on which the overturned notice had been so extended (including any extension that was quashed).
Foreign power threat activity is to be treated as new foreign power threat activity in relation to the imposition of measures by the replacement Part 2 notice if it was new foreign power threat activity in relation to the imposition of measures by the overturned notice.
Foreign power threat activity that occurs after the coming into force of the overturned notice does not cease to be new foreign power threat activity by virtue of the coming into force of the replacement Part 2 notice.
Subsections (2) to (5) do not apply to the replacement notice if—
some or all of the foreign power threat activity occurred after the overturned notice came into force, and
the Secretary of State determines that those subsections should not apply to that notice.
In this section—
A power in relevant proceedings to quash a Part 2 notice, the extension of a Part 2 notice, the revival of a Part 2 notice, or measures specified in a Part 2 notice, includes—
in England and Wales or Northern Ireland, power to stay the quashing for a specified time, or pending an appeal or further appeal against the decision to quash; or
in Scotland, power to determine that the quashing is of no effect for a specified time or pending such an appeal or further appeal.
A decision in relevant proceedings to quash measures specified in a Part 2 notice, or (except as provided in section 50) a decision in relevant proceedings to quash, or to give directions to the Secretary of State in relation to, a Part 2 notice, the extension of a Part 2 notice, or the revival of a Part 2 notice, does not prevent the Secretary of State—
from exercising any power under this Act to impose measures (whether or not to the same or similar effect as measures to which the decision relates), or
from relying, in whole or in part, on any matters for the purpose of so exercising such a power (whether or not the matters were relied on in exercising powers under this Act in relation to measures or the Part 2 notice to which the decision relates).
Schedule 9 makes provision about appeals against convictions.
If the Secretary of State extends or revives a Part 2 notice (see section 41(2) or 49(6))—
the individual to whom the Part 2 notice relates may appeal to the court against the extension or revival, and
the function of the court on such an appeal is to review the Secretary of State's decisions that conditions A, C and D were met and continue to be met.
If the Secretary of State varies measures specified in a Part 2 notice (and the variation does not consist of the relaxation or removal of measures) without the consent of the individual to whom the Part 2 notice relates—
the individual may appeal to the court against the variation, and
the function of the court on such an appeal is to review the Secretary of State’s decisions that the variation was necessary, and continues to be necessary, for purposes connected with preventing or restricting involvement by the individual in foreign power threat activity.
If the individual to whom a Part 2 notice relates makes an application to the Secretary of State for the variation of measures specified in the Part 2 notice (see section 48(4))—
the individual may appeal to the court against any decision by the Secretary of State on the application, and
the function of the court on such an appeal is to review the Secretary of State’s decisions that the measures to which the application relates were necessary, and continue to be necessary, for purposes connected with preventing or restricting involvement by the individual in foreign power threat activity.
If the individual to whom a Part 2 notice relates makes an application to the Secretary of State for the revocation of the notice (see section 49(3))—
the individual may appeal to the court against any decision by the Secretary of State on the application, and
the function of the court on such an appeal is to review the Secretary of State’s decisions that conditions A, C and D were met and continue to be met.
If the individual to whom a Part 2 notice relates makes an application to the Secretary of State for permission—
the individual may appeal to the court against any decision by the Secretary of State on the application (including any decision about conditions to which permission is subject), and
the function of the court on such an appeal is to review the decision.
In determining the matters mentioned in subsections (1) to (5) the court must apply the principles applicable on an application for judicial review.
The only powers of the court on an appeal under this section are—
power to quash the extension or revival of the Part 2 notice;
power to quash measures specified in the Part 2 notice;
power to give directions to the Secretary of State for, or in relation to—
the revocation of the Part 2 notice, or
the variation of measures specified in the Part 2 notice;
power to give directions to the Secretary of State in relation to permission or conditions to which permission is subject.
If the court does not exercise any of its powers under subsection (7), it must dismiss the appeal.
In this section “permission” means permission for the purposes of measures specified in a Part 2 notice (see, in particular, paragraph 17 of Schedule 7).
Decisions relating to Part 2 notices are not to be questioned in any legal proceedings other than—
proceedings in the court, or
proceedings on appeal from such proceedings.
The court is the appropriate tribunal for the purposes of section 7 of the Human Rights Act 1998 in relation to proceedings all or any part of which call a decision relating to a Part 2 notice into question.
In this Part “decision relating to a Part 2 notice” means—
a decision made by the Secretary of State in exercise or performance of any power or duty under any of sections 39 to 51 or under Schedule 7 or Schedule 8;
a decision made by the Secretary of State for the purposes of, or in connection with, the exercise or performance of any such power or duty;
a decision by a constable to give a direction by virtue of paragraph 4 of Schedule 7 (movement directions measure) or paragraph 11(1)(b) of that Schedule (reporting measure);
a decision by a polygraph operator to give a direction by virtue of paragraph 12(1)(c) of Schedule 7;
a decision by a person to give a direction by virtue of paragraph 15(2)(d) of Schedule 7 (monitoring measure).
No appeal lies from any determination of the court in relevant proceedings, except on a question of law.
No appeal by any person other than the Secretary of State lies from any determination—
on an application for permission under section 42, or
on a reference under Schedule 8.
Schedule 10 makes provision about proceedings relating to measures.
The Secretary of State must—
prepare a report about the exercise of the powers mentioned in subsection (2) during each period of 3 months beginning with the month in which section 39 comes into force, and
lay a copy of each such report before Parliament.
The powers referred to in subsection (1) are the powers of the Secretary of State under this Part—
to impose measures on an individual by a Part 2 notice;
to extend a Part 2 notice under section 41(2);
to vary a Part 2 notice under section 48;
to revoke a Part 2 notice under section 49(1);
to revive a Part 2 notice under section 49(6).
The duty under subsection (1) in relation to the preparation and laying of a report must be carried out as soon as reasonably practicable after the end of the 3 month period to which the report relates.
An individual commits an offence if—
a Part 2 notice is in force in relation to the individual, and
the individual contravenes without reasonable excuse any measure specified in the notice.
Where an individual— subsection (1)(b) has effect, in relation to that act, with the omission of the words “without reasonable excuse”.
is subject to a measure specified under paragraph 2 of Schedule 7 (a “travel measure”), and
leaves the United Kingdom or travels outside the United Kingdom,
If the individual has the permission of the Secretary of State by virtue of Schedule 7 for an act which would, without that permission, contravene a measure specified in the Part 2 notice, the individual contravenes that measure by virtue of that act if the act is not in accordance with the terms of the permission.
An individual who commits an offence under subsection (1) is liable—
on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine (or both);
on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or to a fine (or both);
on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum (or both);
on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both).
Where an individual commits an offence under subsection (1) by contravening a travel measure, subsection (4)(a) has effect as if “10 years” were substituted for “5 years”.
Where an individual is convicted by or before a court of an offence under subsection (1), it is not open to that court to make in respect of the offence—
an order under section 80 of the Sentencing Code (conditional discharge),
an order under section 227A of the Criminal Procedure (Scotland) Act 1995 (community payback orders), or
an order under Article 4(1)(b) of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)) (conditional discharge).
Schedule 11 makes provision about powers of entry, search, seizure and retention.
Schedule 12 makes provision about fingerprints and samples.
In a case where the Secretary of State serves a Part 2 notice, a revival notice or an extension notice on an individual, the Secretary of State must, by a further notice, give the following information to the individual— and, in the case of a revival or extension notice, “Part 2 notice” means the Part 2 notice which is revived or extended by that notice.
the period for which the Part 2 notice will be in force,
the day on which the Part 2 notice comes, or came, into force, and
the day on which the Part 2 notice will expire,
An individual is not bound by— unless the notice is served personally on the individual.
a Part 2 notice,
a revival notice, or
a variation notice insofar as it gives notice of a variation that is neither a relaxation or removal of measures, nor a variation with the individual's consent,
An individual is not bound by an extension notice unless the notice is—
served personally on the individual, and
so served before the Part 2 notice to which it relates would otherwise expire.
Any of the following notices must be served on the individual to whom the notice relates—
a revocation notice;
a variation notice insofar as subsection (2)(c) does not apply to it;
a confirmation notice.
Any of the following notices may be proved by the production of a document purporting to be certified by the Secretary of State as a true copy of the notice—
a Part 2 notice;
an extension notice;
a revocation notice;
a revival notice;
a variation notice;
a confirmation notice.
But that does not prevent the proof of such a notice in other ways.
In this section—
“the initial freezing period” has the meaning given by paragraph 1(8);
For the purpose of serving a relevant notice on an individual, a constable may— A “relevant notice” means—
A constable may apply for the issue of a warrant under this paragraph for the purpose of determining whether an individual in respect of whom a Part 2 notice is in force is complying with measures specified in the notice. A warrant under this paragraph may authorise a constable to do either or both of the following— An application for a warrant under this paragraph must be made to the appropriate judicial authority. The appropriate judicial authority may, on such an application, grant the warrant only if satisfied that the warrant is necessary for the purpose mentioned in sub-paragraph (1). A constable may seize anything that the constable finds in the course of a search carried out under a power conferred by a warrant issued under this paragraph— In this paragraph “appropriate judicial authority”, in relation to a warrant, means—
If shares or rights held by a foreign power and shares or rights held by another person (whether or not a foreign power) are the subject of a joint arrangement between those persons, each of those persons is to be taken to hold the combined shares or rights of both persons. A “joint arrangement” is an arrangement between the holders of shares (or rights) that they will exercise all or substantially all the rights conferred by their respective shares (or rights) jointly in a way that is pre-determined by the arrangement. For the meaning of “arrangement”, see paragraph 12.
This paragraph applies in relation to a warrant issued in England, Wales or Northern Ireland under paragraph 8 so far as it authorises a constable to search an individual. In relation to warrants issued under that paragraph so far as authorising the entry and search of premises, see— The constable applying for the warrant must— The application for the warrant is to be made without notice and— The constable must answer on oath any questions that the appropriate judicial authority (within the meaning of paragraph 8) hearing the application may ask of the constable. If the warrant is issued it authorises a search of the individual on one occasion only. The warrant must— Two copies must be made of the warrant and clearly certified as copies. The warrant may be executed by any constable. The search under the warrant must be carried out within 28 days of its issue. The search must be carried out at a reasonable hour unless it appears to the constable executing the warrant that the purposes of the search may be frustrated if carried out then. The constable seeking to execute the warrant must, before carrying out the search— The constable executing the warrant must make an endorsement on it stating— When the warrant has been executed it must be returned to the designated officer. The designated officer must retain a warrant returned under sub-paragraph (14) for a period of 12 months from the time of its return and, if requested during that period, allow the individual to inspect it. The “designated officer” is—
The Secretary of State may enter into such contracts and other arrangements with other persons as the Secretary of State considers appropriate for securing their assistance in connection with any monitoring, by electronic or other means, that the Secretary of State considers needs to be carried out in connection with measures specified in Part 2 notices.
In Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (civil legal services), in Part 1 (services), after paragraph 45A insert—
In this Part—
In a case where— the Secretary of State is not prevented from taking account of that activity for the purposes of the continued imposition, or subsequent imposition, of measures on that individual.
a Part 2 notice has come into force in relation to an individual, and
by virtue of the coming into force of that Part 2 notice, foreign power threat activity which occurred before the coming into force of that notice has ceased to be new foreign power threat activity (within the meaning of section 40(7)) in relation to that individual for the purposes of that section,
For the purposes of the definition of “new foreign power threat activity” in section 40(7), if a Part 2 notice is revived under section 49(6), a reference to the notice coming into force is a reference to it coming into force by virtue of section 41(1) (and not to it coming back into force by virtue of section 49(9)).
For the purpose of determining what measures may be imposed on an individual, it is immaterial whether the involvement in foreign power threat activity to be prevented or restricted by the measures is connected with matters to which the Secretary of State’s belief for the purpose of condition A relates. This is subject to section 40(6).
A failure by the Secretary of State to consider an application by an individual for— is to be treated as a decision by the Secretary of State not to revoke, or not to vary, the Part 2 notice.
the revocation of a Part 2 notice, or
the variation of measures specified in a Part 2 notice,
Subsections (2) to (5) apply for the purposes of this Part.
The Secretary of State must appoint a person (the “independent reviewer”) to review the operation of—
Part 1, except section 30;
Part 2;
Schedule 3 to the Counter-Terrorism and Border Security Act 2019, except the functions of the Investigatory Powers Commissioner under Part 1 of that Schedule.
The independent reviewer—
must carry out a review of the operation of those provisions for each calendar year (an “annual review”), and
may carry out such other reviews of the operation of any of those provisions as they consider appropriate.
An annual review must be completed as soon as reasonably practicable after the calendar year to which it relates.
The independent reviewer must, by 31 January in each calendar year, inform the Secretary of State what (if any) reviews under subsection (2)(b) they intend to carry out in that year.
The independent reviewer must send to the Secretary of State a report on the outcome of each review carried out under this section as soon as reasonably practicable after completion of the review.
On receiving a report under this section, the Secretary of State must lay before Parliament—
the report (but not any material removed under subsection (7)), and
a statement as to whether any material has been removed under that subsection.
The Secretary of State may, after consulting the independent reviewer, remove from the report any material whose publication the Secretary of State thinks would be contrary to the public interest, or prejudicial to—
national security,
the prevention or detection of crime,
the economic well-being of the United Kingdom, or
the continued discharge of the functions of any public authority whose activities include activities that are subject to review by the independent reviewer.
“Public authority” means a public authority within the meaning of section 6 of the Human Rights Act 1998, other than a court or tribunal.
The Secretary of State may pay to the independent reviewer—
expenses incurred in carrying out the functions of the reviewer under this section, and
such allowances as the Secretary of State determines.
An annual review under section 63(2)(a) must in particular consider compliance with the relevant requirements in relation to persons detained under section 27 by virtue of a warrant of further detention under Part 6 of Schedule 6.
The relevant requirements are requirements imposed—
by or under Parts 1 to 5, and paragraph 45, of Schedule 6;
by any relevant code of practice under section 66 of the Police and Criminal Evidence Act 1984 or Article 65 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)).
The independent reviewer must ensure that a review is carried out into any case where—
a person is detained under section 27 by virtue of a warrant of further detention under Part 6 of Schedule 6, and
the period specified in that warrant is further extended under paragraph 44 of that Schedule to a time that is more than 14 days after the person’s arrest under section 27.
A review under subsection (3) may be carried out by the independent reviewer or by another person.
The independent reviewer must ensure that a report on the outcome of a review under subsection (3) is sent to the Secretary of State as soon as reasonably practicable after completion of the review.
Section 63(6) to (8) applies to a report of a review under subsection (3).
The expenses mentioned in section 63(9) include any expenses incurred by the independent reviewer in ensuring that another person carries out, and reports on, a review under subsection (3).
“Independent reviewer” has the same meaning as in section 63.
A “foreign activity arrangement” is an agreement or arrangement between a person (“P”) and a specified person pursuant to which the specified person directs P—
to carry out relevant activities in the United Kingdom, or
to arrange for relevant activities to be carried out in the United Kingdom.
In this section “relevant activities”—
if regulations under subsection (3) apply in relation to the specified person, has the meaning given by the regulations, and
otherwise, means all activities.
The Secretary of State may by regulations make provision about activities which are relevant activities for the purposes of this section, either in relation to all specified persons or in relation to such specified persons as the regulations may provide.
Where P makes a foreign activity arrangement, P must register the arrangement with the Secretary of State before the end of the period of 10 days beginning with the day on which P makes the arrangement.
P commits an offence if P—
fails to comply with subsection (4), and
knows, or having regard to other matters known to them ought reasonably to know, that the arrangement in question is a foreign activity arrangement.
“Specified person” means—
a foreign power specified by the Secretary of State in regulations;
a person, other than a foreign power, specified by the Secretary of State in regulations.
The regulations may specify a person other than a foreign power only if—
the person is not an individual, and
the Secretary of State reasonably believes the person is controlled by a foreign power.
Schedule 13 makes provision about when a person is controlled by a foreign power.
The Secretary of State may make regulations specifying a foreign power or a person other than a foreign power only if the Secretary of State considers it reasonably necessary to do so to protect the safety or interests of the United Kingdom.
Regulations specifying a foreign power or a person other than a foreign power may provide for section 65(4) to apply, with modifications specified in the regulations, in relation to a foreign activity arrangement made with the specified person before the regulations come into force.
This section applies where a person (“P”) makes a foreign activity arrangement required to be registered under section 65(4).
P commits an offence if—
P carries out a relevant activity, or arranges for a relevant activity to be carried out, in the United Kingdom pursuant to the arrangement,
the arrangement is not registered, and
P knows, or having regard to other matters known to them ought reasonably to know, that they are acting pursuant to a foreign activity arrangement.
A person other than P commits an offence if—
the person carries out a relevant activity, or arranges for a relevant activity to be carried out, in the United Kingdom pursuant to the arrangement,
the arrangement is not registered, and
the person knows, or having regard to other matters known to them ought reasonably to know, that they are acting pursuant to a foreign activity arrangement.
In proceedings for an offence under subsection (3) it is a defence to show that the person—
took all steps reasonably practicable to determine whether the arrangement was registered, and
reasonably believed that the arrangement was registered.
A person is taken to have shown a matter mentioned in subsection (4) if—
sufficient evidence of the matter is adduced to raise an issue with respect to it, and
the contrary is not proved beyond reasonable doubt.
In this section “relevant activity” has the same meaning as in section 65.
A specified person who is not a foreign power must not carry out relevant activities in the United Kingdom unless the activities are registered with the Secretary of State by the specified person.
A person who holds office in or under, or is an employee or other member of staff of, a specified person who is not a foreign power, must not carry out relevant activities in the United Kingdom in that capacity unless the activities are registered with the Secretary of State by the specified person.
A person who holds office in or under, or is an employee or other member of staff of, a specified person who is a foreign power must not carry out relevant activities in the United Kingdom in that capacity if or to the extent that—
the person makes a misrepresentation about their activities or the capacity in which they act (whether generally or to a particular person), and
the activities are not registered with the Secretary of State by the specified person.
In this section “relevant activities”—
if regulations under subsection (5) apply in relation to the specified person, has the meaning given by the regulations, and
otherwise, means all activities.
The Secretary of State may by regulations make provision about activities which are relevant activities for the purposes of this section, either in relation to all specified persons or in relation to such specified persons as the regulations may provide.
A misrepresentation is a representation that a reasonable person would consider to be false or misleading in a material way.
A misrepresentation may be made by making a statement or by any other kind of conduct (including an omission), and may be express or implied.
A misrepresentation may in particular include—
a misrepresentation as to the person’s identity or purpose;
presenting information in a way which amounts to a misrepresentation, even if some or all of the information is true.
A person who breaches a prohibition in subsection (1) or (2) commits an offence.
A person who breaches a prohibition in subsection (3) commits an offence if the person knows, or having regard to other matters known to them ought reasonably to know, that paragraph (a) of that subsection applies.
In proceedings for an offence under subsection (9) or (10) it is a defence to show that the person—
took all steps reasonably practicable to determine whether the activities were registered, and
reasonably believed that the activities were registered.
A person is taken to have shown a matter mentioned in subsection (11) if—
sufficient evidence of the matter is adduced to raise an issue with respect to it, and
the contrary is not proved beyond reasonable doubt.
A “foreign influence arrangement” is an agreement or arrangement between a person (“P”) and a foreign power pursuant to which the foreign power directs P—
to carry out political influence activities in the United Kingdom, or
to arrange for such activities to be carried out in the United Kingdom.
Where the foreign power is a specified person, the arrangement is not a foreign influence arrangement to the extent that it relates to political influence activities that are relevant activities for the purposes of section 65.
Where P makes a foreign influence arrangement, P must register the arrangement with the Secretary of State before the end of the period of 28 days beginning with the day on which P makes the arrangement.
Subsection (3) applies in relation to a foreign influence arrangement which is made before, and which continues to have effect on, the day on which this section comes into force as if, for the words from “28” to the end, there were substituted “3 months beginning with the day on which this section comes into force.”
P commits an offence if P—
fails to comply with subsection (3), and
knows that the arrangement in question is a foreign influence arrangement.
An activity is a “political influence activity” if—
it is within subsection (2), and
the purpose, or one of the purposes, for which it is carried out is the purpose of influencing a matter or person within subsection (3).
The activities within this subsection are—
making any communication to a person listed in Schedule 14;
making a public communication, except where it is reasonably clear from the communication that it is made by or at the direction of the foreign power;
distributing money, goods or services to UK persons.
The matters and persons within this subsection are—
an election or referendum in the United Kingdom,
a decision of—
a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975) or a United Kingdom government department,
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,
the Scottish Ministers or the First Minister for Scotland, or
the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Government,
the proceedings of a UK registered political party, or
a Member of either House of Parliament, the Northern Ireland Assembly, the Scottish Parliament or Senedd Cymru (acting in that capacity).
For the purposes of subsection (2)(b) a person makes a public communication if the person—
publishes or disseminates information, a document or other article, or
produces information, a document or other article for publication or dissemination.
In this section—
“UK registered political party” means a political party registered under Part 2 of the Political Parties, Elections and Referendums Act 2000.
This section applies where a person (“P”) makes a foreign influence arrangement required to be registered under section 69(3).
P commits an offence if—
after the end of the registration period P carries out a political influence activity, or arranges for a political influence activity to be carried out, in the United Kingdom pursuant to the arrangement,
the arrangement is not registered, and
P knows, or having regard to other matters known to them ought reasonably to know, that they are acting pursuant to a foreign influence arrangement.
A person other than P commits an offence if—
after the end of the registration period the person carries out a political influence activity, or arranges for a political influence activity to be carried out, in the United Kingdom pursuant to the arrangement,
the arrangement is not registered, and
the person knows, or having regard to other matters known to them ought reasonably to know, that they are acting pursuant to a foreign influence arrangement.
In this section the “registration period” means the period before the end of which P must register the arrangement (see section 69(3) and (4)).
In proceedings for an offence under subsection (3) it is a defence to show that the person—
took all steps reasonably practicable to determine whether the arrangement was registered, and
reasonably believed that the arrangement was registered.
A person is taken to have shown a matter mentioned in subsection (5) if—
sufficient evidence of the matter is adduced to raise an issue with respect to it, and
the contrary is not proved beyond reasonable doubt.
A person who holds office in or under, or is an employee or other member of staff of, a foreign power must not carry out political influence activities in the United Kingdom in that capacity if or to the extent that—
the person makes a misrepresentation about their activities or the capacity in which they act (whether generally or to a particular person), and
the activities are not registered with the Secretary of State by the foreign power.
Where the foreign power is a specified person, the prohibition in subsection (1) does not apply to the extent that the political influence activities are relevant activities for the purposes of section 68.
A misrepresentation is a representation that a reasonable person would consider to be false or misleading in a material way.
A misrepresentation may be made by making a statement or by any other kind of conduct (including an omission), and may be express or implied.
A misrepresentation may in particular include—
a misrepresentation as to the person’s identity or purpose;
presenting information in a way which amounts to a misrepresentation, even if some or all of the information is true.
A person who breaches a prohibition in subsection (1) commits an offence if the person knows, or having regard to other matters known to them ought reasonably to know, that paragraph (a) of that subsection applies.
In proceedings for an offence under subsection (6) it is a defence to show that the person—
took all steps reasonably practicable to determine whether the activities were registered, and
reasonably believed that the activities were registered.
A person is taken to have shown a matter mentioned in subsection (7) if—
sufficient evidence of the matter is adduced to raise an issue with respect to it, and
the contrary is not proved beyond reasonable doubt.
Schedule 15 makes provision in relation to exemptions.
The Secretary of State may by regulations make provision about the information a person is required to provide to the Secretary of State when registering—
a foreign activity arrangement under section 65,
a relevant activity under section 68,
a foreign influence arrangement under section 69, or
a political influence activity under section 72.
Regulations under subsection (1) may, in particular, require the person to provide information about any arrangements made by the person pursuant to the arrangement or activity which is required to be registered.
Regulations under subsection (1)(c) may, in particular, require the person to provide information about any political influence activities carried out, or arranged to be carried out, during the registration period by any person pursuant to the arrangement which is required to be registered.
In subsection (3) “registration period” has the same meaning as in section 71.
Where there is a material change to any information provided to the Secretary of State under this section or section 75 in relation to a registered arrangement or a registered activity, the person who registered the arrangement or activity must inform the Secretary of State of the change before the end of the period of 14 days beginning with the day on which the change takes effect.
The Secretary of State—
may by regulations make provision about the information to be provided to the Secretary of State under subsection (5),
may issue guidance about what may or may not constitute a material change.
The provision which may be made by regulations under this section includes provision about the form in which information is to be provided.
A person who fails to comply with subsection (5) commits an offence if, as a result of the failure, the information provided to the Secretary of State in relation to the registered arrangement or registered activity is false, inaccurate or misleading in a material way.
The Secretary of State may give an information notice to—
a person who is a party to a foreign activity arrangement registered under section 65;
a person the Secretary of State reasonably believes to be a party to a foreign activity arrangement which is required to be, but is not, registered under that section;
a person the Secretary of State reasonably believes to be carrying out relevant activities, or arranging for relevant activities to be carried out, in the United Kingdom pursuant to a foreign activity arrangement within paragraph (a) or (b);
a person who has registered relevant activities under section 68;
a person the Secretary of State reasonably believes to be carrying out relevant activities registered under that section;
a person the Secretary of State reasonably believes to be carrying out relevant activities in breach of a prohibition in that section.
The Secretary of State may give an information notice to—
a person who is a party to a foreign influence arrangement registered under section 69;
a person the Secretary of State reasonably believes to be a party to a foreign influence arrangement which is required to be, but is not, registered under that section;
a person the Secretary of State reasonably believes to be carrying out political influence activities, or arranging for political influence activities to be carried out, in the United Kingdom pursuant to a foreign influence arrangement within paragraph (a) or (b);
a person who has registered political influence activities under section 72;
a person the Secretary of State reasonably believes to be carrying out political influence activities registered under that section;
a person the Secretary of State reasonably believes to be carrying out political influence activities in breach of a prohibition in that section.
An information notice is a notice requiring the person to whom it is given to supply the information specified in the notice.
An information notice may only specify information which the Secretary of State considers may be relevant to an arrangement or activity within subsection (1) or (2).
An information notice must—
specify the form in which the information must be supplied, and
specify the date by which the information must be supplied.
Where an information notice has been given to a person, the Secretary of State may cancel it by giving written notice to that effect to the person.
The Secretary of State may by regulations make provision about—
the minimum period between the date on which an information notice is given and the date specified under subsection (5)(b);
other matters which may be specified in an information notice;
the cancellation of information notices.
A person commits an offence if, without reasonable excuse, the person fails to comply with an information notice.
The Secretary of State may not give an information notice to a foreign power.
Nothing in this Part is to be taken to require any person to disclose any information that the person is entitled to refuse to disclose in legal proceedings on grounds of legal professional privilege (in Scotland, confidentiality of communications).
Nothing in this Part is to be taken to require any person to disclose confidential journalistic material or to identify or confirm a source of journalistic information.
In this section—
A person commits an offence if—
the person provides information to the Secretary of State under section 74 or 75 in connection with a foreign activity arrangement, and
the information is false, inaccurate or misleading in a material way.
A person commits an offence if—
the person provides information to the Secretary of State under section 74 or 75 in connection with a relevant activity which is required to be registered under section 68, and
the information is false, inaccurate or misleading in a material way.
A person commits an offence if—
the person provides information to the Secretary of State under section 74 or 75 in connection with a foreign influence arrangement,
the information is false, inaccurate or misleading in a material way, and
the person knows, or having regard to other matters known to them ought reasonably to know, that the information is false, inaccurate or misleading in a material way.
A person commits an offence if—
the person provides information to the Secretary of State under section 74 or 75 in connection with a political influence activity which is required to be registered under section 72,
the information is false, inaccurate or misleading in a material way, and
the person knows, or having regard to other matters known to them ought reasonably to know, that the information is false, inaccurate or misleading in a material way.
A person commits an offence if—
the person carries out a relevant activity, or arranges for a relevant activity to be carried out, in the United Kingdom pursuant to a foreign activity arrangement required to be registered under section 65(4),
information provided to the Secretary of State under section 74 or 75 in connection with the arrangement, whether by the person or by another person, is false, inaccurate or misleading in a material way, and
the person knows, or having regard to other matters known to them ought reasonably to know, that the facts are as mentioned in paragraph (b).
A person commits an offence if—
the person carries out a political influence activity, or arranges for a political influence activity to be carried out, in the United Kingdom pursuant to a foreign influence arrangement required to be registered under section 69(3),
information provided to the Secretary of State under section 74 or 75 in connection with the arrangement, whether by the person or by another person, is false, inaccurate or misleading in a material way, and
the person knows, or having regard to other matters known to them ought reasonably to know, that the facts are as mentioned in paragraph (b).
The Secretary of State may by regulations make provision about—
publication of information provided to the Secretary of State under section 74 or 75;
the disclosure of information provided to the Secretary of State under either of those sections.
The power under subsection (1)(a) includes in particular power to make provision about a description of information or material which is not to be published.
A person who commits a foreign activity offence is liable—
on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine (or both);
on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or to a fine (or both);
on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum (or both);
on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both).
“Foreign activity offence” means—
an offence under section 65(5);
an offence under section 67;
an offence under section 68(9) or (10);
an offence under section 74(8) committed in relation to a foreign activity arrangement registered under section 65 or a relevant activity registered under section 68;
an offence under section 75(8) committed in relation to an information notice given under section 75(1);
an offence under section 77(1) or (2);
an offence under section 78(1).
A person who commits a foreign influence offence is liable—
on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine (or both);
on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or to a fine (or both);
on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum (or both);
on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both).
“Foreign influence offence” means—
an offence under section 69(5);
an offence under section 71;
an offence under section 72(6);
an offence under section 74(8) committed in relation to a foreign influence arrangement registered under section 69 or a political influence activity registered under section 72;
an offence under section 75(8) committed in relation to an information notice given under section 75(2);
an offence under section 77(3) or (4);
an offence under section 78(2).
Section 35 (offences by body corporate etc) applies in relation to offences under this Part as it applies in relation to offences under Part 1.
Section 36(1) and (3) to (5) (offences committed outside the United Kingdom) applies in relation to offences under this Part as it applies in relation to offences under Part 1.
If it is necessary in the interests of national security, a court may exclude the public from any part of proceedings for an offence under this Part, except for the passing of sentence.
The Secretary of State must, as soon as is practicable after the end of each relevant period—
prepare a report in relation to that period, and
lay a copy of the report before Parliament.
The report must provide details of—
the total number of arrangements registered with the Secretary of State under section 65 or 69,
the number of arrangements registered with the Secretary of State under section 65 or 69 during the relevant period,
the total number of specified persons and foreign powers who have registered activities with the Secretary of State under section 68 or 72,
the number of specified persons and foreign powers who have registered activities with the Secretary of State under section 68 or 72 during the relevant period,
the number of information notices issued under section 75 during the relevant period,
the number of persons charged with an offence under this Part during the relevant period, and
the number of persons convicted of an offence under this Part during the relevant period.
“Relevant period” means—
the period of 12 months beginning with the day on which this section comes into force, and
each subsequent period of 12 months.
In this Part—
“UK person” has the same meaning as in section 2.
The Electoral Law Act (Northern Ireland) 1962 (c.14 (N.I.)) is amended as follows. In section 105 (restrictions on summary prosecution) after subsection (8) insert— In section 106 (prosecution of offences disclosed on election petition) after subsection (1) insert— In section 108 (penalties for corrupt practices) after subsection (4) insert— In section 111 (penalties for electoral offences) after subsection (2A) insert— In section 112(1H) (incapacities resulting from convictions) after “109” insert “or under section 16 of the National Security Act 2023 (which provides for higher sentences in cases of foreign interference)”. In section 118 (time limit for prosecutions) after subsection (3) insert—
A constable may apply to a judge for an order under this paragraph. The judge may grant the application if satisfied that conditions 1 to 4 are met. Condition 1 is that there are reasonable grounds for suspecting that a relevant act has been, or is about to be, committed. Condition 2 is that there are reasonable grounds for suspecting that a person specified in the application has in their possession, custody or control material which— Condition 3 is that there are reasonable grounds for believing that the material is likely to be of substantial value, whether by itself or with other material, to an investigation into whether a relevant act has been, or is about to be, committed. Condition 4 is that there are reasonable grounds for believing that it is in the public interest that the material should be produced or access to it should be given having regard to— An order under this paragraph is an order that the person specified in the application must do any of the following— The specified period is to be the period of 7 days beginning with the date of the order, unless it appears to the judge that a different period would be appropriate in the particular circumstances of the application.
A constable may apply to a judge for an order under this paragraph requiring any person specified in the order to provide an explanation of material— An application for an order under this paragraph may be made without notice to a judge in chambers. An order under this paragraph may not require any person to disclose any information which they would be entitled to refuse to disclose on grounds of legal professional privilege in proceedings in the High Court. But a lawyer may be required to provide the name and address of their client. A statement by a person in response to a requirement imposed by an order under this paragraph— An order under this paragraph has effect as if it were an order of the court.
Criminal Procedure Rules may make provision about proceedings in England and Wales relating to a warrant or order under this Part of this Schedule (other than an order under paragraph 12). Crown Court rules and magistrates’ courts rules may make provision about proceedings in Northern Ireland relating to a warrant or order under this Part of this Schedule (other than an order under paragraph 12). The provision which may be made by virtue of this paragraph includes in particular provision about the variation or discharge of an order.
The procurator fiscal may apply to a sheriff for an order under this paragraph. The sheriff may grant the application if satisfied that conditions 1 to 4 are met. Condition 1 is that there are reasonable grounds for suspecting that a relevant act has been, or is about to be, committed. Condition 2 is that there are reasonable grounds for suspecting that a person specified in the application has in their possession, custody or control material which is likely to be evidence that a relevant act has been, or is about to be, committed. Condition 3 is that there are reasonable grounds for believing that the material is likely to be of substantial value, whether by itself or with other material, to an investigation into whether a relevant act has been, or is about to be, committed. Condition 4 is that there are reasonable grounds for believing that it is in the public interest that the material should be produced or access to it should be given having regard to— An order under this paragraph is an order that the person specified in the application must do any of the following— The specified period is to be the period of 7 days beginning with the date of the order, unless it appears to the sheriff that a different period would be appropriate in the particular circumstances of the application. Where the sheriff makes an order under sub-paragraph (7)(b) in relation to material on any premises, they may, on the application of the procurator fiscal, order any person who appears to them to be entitled to grant entry to the premises to allow any constable to enter the premises to obtain access to the material.
The procurator fiscal may apply to a sheriff for an order under this paragraph requiring any person specified in the order to provide an explanation of material— An application for an order under this paragraph may be made without notice to a sheriff in chambers. Without prejudice to paragraph 30, an order under this paragraph may require a lawyer to provide the name and address of their client. A statement by a person in response to a requirement imposed by an order under this paragraph may only be used in evidence against the person— Paragraphs 23 and 24 apply to orders under this paragraph as they apply to orders made under paragraph 19 or 20.
A disclosure order does not confer the right to require a person— which the person would be entitled to refuse to answer, provide or produce on grounds of legal professional privilege in proceedings in the High Court. But a lawyer may be required to provide the name and address of a client. A disclosure order does not confer the right to require a person to produce excluded material. A disclosure order has effect despite any restriction on the disclosure of information imposed by an enactment or otherwise. An appropriate officer may take copies of any documents produced in compliance with a requirement to produce them imposed under a disclosure order. The documents may be retained for so long as it is necessary to retain them (as opposed to a copy of them) in connection with the investigation for the purposes of which the order was made. But if an appropriate officer has reasonable grounds for believing that— they may be retained until the proceedings are concluded. An appropriate officer may retain documents under sub-paragraph (7) only if the officer is a senior officer or is authorised to do so by a senior officer.
Rules of court may make provision as to the practice and procedure to be followed in connection with proceedings relating to disclosure orders.
This paragraph applies for the interpretation of this Part of this Schedule. “Disclosure order” has the meaning given by paragraph 2. “Judge” means— “Senior officer” means— “Document” means anything in which information of any description is recorded. “Excluded material”— The terms defined in paragraph 1 have the meanings given in that paragraph.
An appropriate officer may apply to a judge for an account monitoring order. The judge may grant the application if satisfied that— “Appropriate officer” means— The application must state that the order is sought against the financial institution specified in the application in relation to information which— The application may specify information relating to— An account monitoring order is an order that the financial institution specified in the application must— provide information of the description specified in the application to an appropriate officer. The period stated in an account monitoring order must not exceed the period of 90 days beginning with the day on which the order is made.
Rules of court may make provision as to the practice and procedure to be followed in connection with proceedings relating to account monitoring orders. In Scotland rules of court are, without prejudice to section 305 of the Criminal Procedure (Scotland) Act 1995, to be made by Act of Adjournal.
This paragraph applies for the interpretation of this Schedule. “Appropriate officer” has the meaning given by paragraph 1(3). “The court” means— “Financial institution” has the same meaning as in Schedule 6 to the Terrorism Act 2000 (see paragraph 6 of that Schedule). “Judge” means—
Nothing in paragraphs 2 to 4, or in rules of court made under any of those paragraphs, is to be read as requiring the relevant court to act in a manner inconsistent with Article 6 of the Human Rights Convention. The “Human Rights Convention” means the Convention within the meaning of the Human Rights Act 1998 (see section 21(1) of that Act).
In any relevant proceedings or appeal proceedings the relevant court may if it thinks fit— The Lord Chancellor may appoint advisers for the purposes of this paragraph only with the approval of— Rules of court may regulate the use of advisers in proceedings who are called in aid under sub-paragraph (1). The Lord Chancellor may pay such remuneration, expenses and allowances to advisers appointed for the purposes of this paragraph as the Lord Chancellor may determine.
Rights that are exercisable only in certain circumstances are to be taken into account only— But rights that are exercisable by an administrator or by creditors while a person is in relevant insolvency proceedings are not to be taken into account even while the person is in those proceedings. “Relevant insolvency proceedings” means— Rights that are normally exercisable but are temporarily incapable of exercise are to continue to be taken into account.
The Mayor of London.
A constable may apply to a judge for an order under this paragraph. The judge may grant the application if satisfied that conditions 1 to 5 are met. Condition 1 is that there are reasonable grounds for suspecting that a relevant act has been, or is about to be, committed. Condition 2 is that there are reasonable grounds for suspecting that, within the period of 28 days beginning with the date of the order, there is likely to come into existence material which— Condition 3 is that there are reasonable grounds for suspecting that a person specified in the application is likely within that period to have in their possession, custody or control any of the material to which the application relates. Condition 4 is that there are reasonable grounds for believing that the material is likely to be of substantial value, whether by itself or with other material, to an investigation into whether a relevant act has been, or is about to be, committed. Condition 5 is that there are reasonable grounds for believing that it is in the public interest that the material should be produced or access to it should be given having regard to— An order under this paragraph is an order that the person specified in the application must do any of the following— The specified period is to be the period of 7 days beginning with the date of the notification required by sub-paragraph (8)(a), unless it appears to the judge that a different period would be appropriate in the particular circumstances of the application.
A person commits an offence if, in purported compliance with an order under paragraph 10, they— A person who commits an offence under sub-paragraph (1) is liable—
The procurator fiscal may apply to a sheriff for an order under this paragraph. The sheriff may grant the application if satisfied that conditions 1 to 5 are met. Condition 1 is that there are reasonable grounds for suspecting that a relevant act has been, or is about to be, committed. Condition 2 is that there are reasonable grounds for suspecting that, within the period of 28 days beginning with the date of the order, there is likely to come into existence material which is evidence that a relevant act has been, or is about to be, committed. Condition 3 is that there are reasonable grounds for suspecting that a person specified in the application is likely within that period to have in their possession, custody or control any of the material to which the application relates. Condition 4 is that there are reasonable grounds for believing that the material is likely to be of substantial value, whether by itself or with other material, to an investigation into whether a relevant act has been, or is about to be, committed. Condition 5 is that there are reasonable grounds for believing that it is in the public interest that the material should be produced or access to it should be given having regard to— An order under this paragraph is an order that the person specified in the application must do any of the following— The specified period is to be the period of 7 days beginning with the date of the notification required by sub-paragraph (8)(a), unless it appears to the sheriff that a different period would be appropriate in the particular circumstances of the application. Where the sheriff makes an order under sub-paragraph (8)(c) in relation to material on any premises, they may, on the application of the procurator fiscal, order any person who appears to them to be entitled to grant entry to the premises to allow any constable to enter the premises to obtain access to the material.
The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise the function under paragraph 8(2)(a). The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise the function under paragraph 8(2)(b)— The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise the function under paragraph 8(2)(c).
A mayor for the area of a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009.
an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978);
A member of either House of Parliament.
A member of the Northern Ireland Assembly.
A member of the Scottish Parliament.
A member of Senedd Cymru.
An employee or other member of staff of a person within any of paragraphs 5 to 8.
“terrorism offence” means any of the following (whenever committed)—
For the purposes of this Part references in section 32 to a foreign State, or a foreign country or territory, do not include the Republic of Ireland.
For the purposes of this Part references to an “arrangement” do not include an arrangement between a person (“P”) and—
a person who holds office in or under, or is an employee or other member of staff of, P (acting in that capacity), or
a person the Secretary of State reasonably considers to be exercising functions on behalf of P as if the person were within paragraph (a).
Sections 85 and 86 apply to proceedings (“national security proceedings”) before a court which—
are commenced on or after the date this section comes into force,
are brought against the Crown on any grounds (unless they are brought under section 7(1)(a) of the Human Rights Act 1998), and
relate to national security.
For the purposes of this section—
proceedings relate to national security where a party to those proceedings has, at any stage, presented evidence or made submissions to the court relating to national security;
the circumstances in which evidence or submissions are to be taken to relate to national security include, in particular, where the evidence or submissions relate to—
the use of investigatory powers or surveillance powers under the Regulation of Investigatory Powers Act 2000, or the use of similar powers overseas in the interests of national security;
the activities of the intelligence services in the United Kingdom or overseas, or the activities of similar services overseas;
investigations or other activities in connection with preventing the commission of terrorism offences or other involvement in terrorism-related activity in the United Kingdom or overseas.
This section applies where—
liability of the Crown to the claimant has been established by the court in national security proceedings,
the court is permitted to award damages, payable by the Crown, to the claimant in those proceedings in respect of that liability,
the Crown has made an application to the court for consideration of the factors mentioned in subsection (3) (the “national security factors”), and
the court has not refused the application.
Where this section applies, the court must, in deciding what remedy (if any) to award to the claimant in respect of the liability, consider the national security factors.
The national security factors are—
whether the claimant has committed wrongdoing that—
involves the commission of a terrorism offence or other involvement in terrorism-related activity, and
has a connection with the conduct of the Crown complained of in the proceedings, and
if the claimant has committed such wrongdoing—
the extent of that wrongdoing and of its connection with the conduct of the Crown, and
the matters mentioned in subsection (4).
The matters are whether and to what extent—
there was a risk of harm the Crown sought to prevent or limit in carrying out the conduct complained of in the proceedings;
there was a limitation on the ability of the Crown to prevent the conduct occurring, including on the basis of—
the conduct having occurred overseas, or
the conduct having been carried out in conjunction with a third party.
Where the court would (but for this subsection) award damages to the claimant of a particular amount, the court must decide whether, in light of its consideration of the national security factors, it is appropriate for it to reduce the amount of damages (including to nil).
But the court may not decide to reduce damages it would otherwise award to the claimant under section 8 of the Human Rights Act 1998 (judicial remedies).
Nothing in this section—
prevents a court from considering the national security factors of its own motion where this section does not apply;
affects any other power the court may have to reduce damages or to refuse to award damages, including by reason of—
the claimant’s wrongdoing,
the claimant’s failure to mitigate any harm they have suffered, or
the claimant’s contribution to that harm;
affects any existing rule of law otherwise limiting the scope of liability of the Crown.
An application for consideration of the national security factors may be made at any time before the final disposal of the national security proceedings (or, in Scotland, before final judgment in the proceedings within the meaning given by section 136 of the Courts Reform (Scotland) Act 2014 (asp 18)), including at a time before any liability of the Crown has been established.
The application must—
set out how the Crown considers the national security factors to apply, and the Crown’s reasons;
set out the extent to which the Crown considers that damages should be reduced in light of the national security factors, and the Crown’s reasons;
otherwise be made in accordance with rules of court.
The court may refuse the application if, in the court’s view, consideration of the national security factors would—
cause unreasonable delay to the national security proceedings, or
unreasonably prejudice another party to the proceedings.
In sections 84 to 86 and this section—
Schedule 16 makes provision in relation to damages at risk of being used for the purposes of terrorism.
The Legal Aid, Sentencing and Punishment of Offenders Act 2012 is amended as follows.
This is subject to section 9A (limits on access to civil legal services for individuals convicted of terrorism offences).
After section 9 insert—
In section 12 (determinations)—
in subsection (2), after “9” insert “, 9A”;
in subsection (5), after “9” insert “, 9A”.
In the Legal Aid, Sentencing and Punishment of Offenders Act 2012, after section 9A (as inserted by section 89) insert—
In Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (civil legal services), in Part 1 (services), paragraph 45 is amended as follows.
Omit sub-paragraph (2).
Sub-paragraph (1) is subject to—
In sub-paragraph (4) omit the definition of “control order proceedings”.
Schedule 17 contains amendments of the Terrorism Act 2000.
The Prime Minister and the Intelligence and Security Committee of Parliament must consider whether the memorandum of understanding under section 2 of the Justice and Security Act 2013 should be altered (or replaced) to reflect any changes arising out of this Act.
Consideration under subsection (1) must begin before the end of the period of six months beginning with the day on which this section comes into force.
Schedule 18 makes minor and consequential amendments.
The Secretary of State may by regulations make provision that is consequential on any provision of this Act.
The provision that may be made by regulations under subsection (1) includes provision amending primary legislation.
“Primary legislation” means— whenever passed or made.
an Act of Parliament,
a Measure or Act of Senedd Cymru,
an Act of the Scottish Parliament,
Northern Ireland legislation, or
retained direct principal EU legislation,
A power to make regulations under any provision of this Act includes power to make—
consequential, supplementary, incidental, transitional or saving provision;
different provision for different purposes or different areas.
Subsection (1) does not apply to regulations under section 100 or 101.
Regulations under this Act are to be made by statutory instrument.
Regulations under this Act are subject to annulment in pursuance of a resolution of either House of Parliament, except—
regulations under section 100 or 101;
regulations to which subsection (6) applies;
regulations under paragraph 46 of Schedule 6.
regulations made under subsection (6A);
A statutory instrument containing (whether alone or with other provision) regulations to which subsection (6) applies may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
This subsection applies to—
regulations under section 65(3);
regulations under section 33A;
regulations under section 66 specifying a foreign power, or a person other than a foreign power, who is not specified immediately before the regulations are made;
regulations under section 68(5);
regulations under section 79(1)(a);
regulations under section 95 which contain provision within section 95(2);
regulations under paragraph 3(2)(b) of Schedule 6;
regulations under paragraph 4(3) of Schedule 6;
regulations under paragraph 15 of Schedule 13;
regulations under paragraph 27 of Schedule 14;
regulations under paragraph 8 of Schedule 15.
A statutory instrument containing regulations under paragraph 46 of Schedule 6 must be laid before Parliament as soon as practicable after being made.
A statutory instrument containing only regulations under section 33A may be made without a draft having been laid before and approved by resolution of each House of Parliament if the Secretary of State is of the opinion that it is necessary by reason of urgency.
Regulations contained in a statutory instrument laid before Parliament under subsection (7) cease to have effect at the end of the period of 20 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of each House of Parliament.
Regulations contained in an instrument under subsection (6A)—
must contain a declaration of the Secretary of State’s opinion, and
cease to have effect at the end of the period of 40 days beginning with the day on which the instrument is made unless, during that period, the instrument is approved by a resolution of each House of Parliament.
In calculating the period of 20 or 40 days no account is to be taken of any whole days that fall within a period during which—
Parliament is dissolved or prorogued, or
either House of Parliament is adjourned for more than four days.
If regulations cease to have effect under subsection (6B)(b) that does not affect anything previously done or the power to make new regulations.
Subsections (8) and (9) do not apply to regulations under paragraph 46 of Schedule 6 which revoke regulations under that paragraph.
If a draft of a statutory instrument containing regulations under section 33A, 65, 66 or 68 would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.
This Act binds the Crown, subject as follows.
No contravention by the Crown of a provision of this Act makes the Crown criminally liable.
Subsection (2) does not affect the criminal liability of persons in the service of the Crown.
An amendment or repeal made by this Act binds the Crown to the same extent as the provision amended or repealed.
This Act extends to England and Wales, Scotland and Northern Ireland, subject to—
subsection (2), and
section 99.
An amendment or repeal made by this Act has the same extent in the United Kingdom as the provision to which it relates.
Section 22 extends to—
the Isle of Man, and
the British Overseas Territories, except Gibraltar.
His Majesty may by Order in Council provide for any provision of this Act other than section 22 to extend (with or without modifications) to the Sovereign Base Areas of Akrotiri and Dhekelia.
An Order in Council under subsection (2) may make consequential, supplementary, incidental, transitional or saving provision.
The power under section 384(1) of the Armed Forces Act 2006 may be exercised so as to extend to any of the Channel Islands (with or without modifications) the amendment of section 238 of the Armed Forces Act 2006 made by section 22.
The power under section 384(2) of the Armed Forces Act 2006 may be exercised so as to modify section 238 of the Armed Forces Act 2006, as amended by section 22, as it extends to the Isle of Man or a British overseas territory other than Gibraltar.
The power under section 15(3) of the Official Secrets Act 1989 may be exercised so as to extend to any of the Channel Islands, the Isle of Man or a British Overseas Territory any amendment or repeal made by this Act of any provision of that Act.
The power under section 415 of the Sentencing Act 2020 may be exercised so as to extend to any of the Channel Islands or the Isle of Man (with or without modifications) any amendment or repeal made by this Act of any provision of that Act.
This Act comes into force on such day as the Secretary of State may by regulations appoint, subject to subsection (2).
Sections 95 to 102 come into force on the day on which this Act is passed.
A power to make regulations under this section includes power to appoint different days for different purposes or areas.
The Secretary of State may by regulations make transitional or saving provision in connection with the coming into force of any provision of this Act.
A power to make regulations under this section includes power to make different provision for different purposes or areas.
This Act may be cited as the National Security Act 2023.
Section 16
An offence under any of these provisions of Schedule 9 to the Electoral Law Act (Northern Ireland) 1962 (c.14 (N.I.)) Maximum term of imprisonment Paragraph 1 (bribery) 4 years Paragraph 2 (treating) 4 years Paragraph 3 (undue influence) 4 years Paragraph 4 (personation) 7 years Paragraph 4A (postal and proxy votes) 7 years Paragraph 5A (false statements in nomination papers etc) 4 years Paragraph 26(2) (tampering with nomination papers etc) 7 years An offence under any of these provisions of the Representation of the People Act 1983 Maximum term of imprisonment Section 60 (personation) 7 years Section 62A (postal and proxy votes) 7 years Section 62B (postal and proxy votes: Scottish local government elections) 7 years Section 65 (tampering with nomination papers etc) 7 years Section 65A (false statements in nomination papers etc) 4 years Section 65B (false information in nomination papers etc: Scottish local government elections) 4 years Section 112A (handling of postal voting documents by political campaigners) 7 years Section 113 (bribery) 4 years Section 114 (treating) 4 years Section 114A (undue influence) 4 years Section 115 (undue influence in a local government election in Scotland or Wales) 4 years An offence under any of these provisions of the Political Parties, Elections and Referendums Act 2000 Maximum term of imprisonment Section 54(7) (information about donors) 4 years Section 54A(5) (false declaration about source of donation) 4 years Section 54B(3) (false declaration as to residence condition) 4 years Section 56(3), (3B) or (4) (failure to return donations) 4 years Section 61 (evading restrictions on donations) 4 years Section 65(4) (failure to comply with requirements about recording donations) 4 years Section 66(5) (false declaration in donation report) 4 years Section 89A (4) or (5) (incurring controlled expenditure in contravention of restriction) 2 years Section 148 (general offences) 4 years In Schedule 7 (donations to individuals and members associations)— paragraph 6A(5) (false declaration as to source of donation) paragraph 6B(3) (false declaration as to residence condition) 4 years In Schedule 7A (loans to individuals and members associations)— paragraph 4A(5) (false declaration as to residence condition) paragraph 8(9) (facilitating controlled transaction involving unauthorised participant) 4 years In Schedule 11 (donations to recognised third parties)— paragraph 6A(5) (false declaration as to source of donation) paragraph 6B(3) (false declaration as to residence condition) 4 years In Schedule 15 (donations to permitted participants)— paragraph 6A(5) (false declaration as to source of donation) paragraph 6B(3) (false declaration as to residence condition) 4 years
Section 23
Section 24
Section 25
Section 26
Section 27
A person detained under section 27 at a place in Scotland is entitled to have intimation of the person’s detention and of the place where the person is being detained sent without delay to a solicitor and to another person named by the detained person. The person named must be— Where a detained person is transferred from one place to another, the person is entitled to exercise the right under sub-paragraph (1) in respect of the place to which the person is transferred. A police officer of at least the rank of superintendent may authorise a delay in making intimation where, in the officer’s view, the delay is necessary on one of the grounds mentioned in paragraph 16(3) or where paragraph 16(4) applies. Where a detained person requests that the intimation be made, a record must be made of the time at which the request was made and complied with. A person who is detained as mentioned in sub-paragraph (1) is entitled to consult a solicitor at any time, without delay. A police officer of at least the rank of superintendent may authorise a delay in holding the consultation where, in the officer’s view, the delay is necessary on one of the grounds mentioned in paragraph 16(3) or where paragraph 16(4) applies. The consultation is to be private. A detained person must be permitted to exercise the rights under this paragraph before the end of the period mentioned in section 27(3). A detained person must be informed of the rights under sub-paragraphs (1) and (6) on first being detained.
Where a person exercises the right under paragraph 15(6) to consult a solicitor, a police officer of at least the rank of superintendent may, if it appears to the officer to be necessary on one of the grounds mentioned in sub-paragraph (3), direct that— A direction under this paragraph may be given before or after a detained person’s consultation with a solicitor has started (and, if given after it has started, the right to further consult that solicitor ceases on the giving of the direction). The grounds mentioned in paragraph 15(4) and (7) and in sub-paragraph (1) are— This sub-paragraph applies where an officer mentioned in paragraph 15(4) or (7) has reasonable grounds for believing that— For the purposes of sub-paragraph (4), whether the detained person has benefited from their criminal conduct is to be decided in accordance with Part 3 of the Proceeds of Crime Act 2002. Where delay is authorised in the exercising of any of the rights mentioned in paragraph 15(1) and (6)—
Paragraphs 15 and 16 have effect, in relation to a person detained under section 27, in place of any enactment or rule of law under or by virtue of which a person arrested or detained may be entitled to communicate or consult with any other person. But, where a person who is detained under section 27 at a place in Scotland appears to a constable to be a child— For the purposes of sub-paragraph (2)—
Subject to the modifications specified in sub-paragraphs (2) and (3), section 18 of the Criminal Procedure (Scotland) Act 1995 (procedure for taking certain prints and samples) applies to a person detained under section 27 at a police station in Scotland as it applies to a person arrested. For subsection (2) of section 18 substitute— Subsections (3) to (5) of section 18 do not apply.
The Secretary of State may make temporary extension regulations if— Temporary extension regulations are regulations which provide, in relation to the period of three months beginning with the coming into force of the regulations, for paragraphs 44 and 45 to be read as if— The other modifications of paragraph 44 are— The modification of paragraph 45 is the insertion, in sub-paragraph (2), after “judicial authority”, of “or senior judge”. Temporary extension regulations apply, except so far as the regulations provide otherwise, to any person who is being detained under section 27 when the regulations come into force (as well as any person who is subsequently detained under that section). The Secretary of State may by regulations revoke temporary extension regulations if the Secretary of State considers it appropriate to do so (whether or not the conditions mentioned in paragraphs (a) and (b) of sub-paragraph (1) are met). Sub-paragraph (8) applies if— The person with custody of the detained person must release the detained person immediately. Subject to sub-paragraphs (7) and (8), the fact that— is without prejudice to anything previously done by virtue of the regulations or to the making of new regulations.
Section 39
Section 43
the National Crime Agency.
The Part 2 notice must include a statement that the Secretary of State reasonably considers that the urgency of the case requires measures to be imposed without obtaining the permission of the court under section 42.
In determining a reference under paragraph 3, the court must apply the principles applicable on an application for judicial review. The court must ensure that the individual is notified of the court's decision on a reference under paragraph 3.
A person making rules of court relating to relevant proceedings or appeal proceedings must have regard to the need to secure the following— Rules of court relating to relevant proceedings or appeal proceedings may make provision— In this paragraph— Nothing in this paragraph is to be read as restricting the power to make rules of court or the matters to be taken into account when doing so.
Rules of court relating to relevant proceedings or appeal proceedings may make provision for— and the provision made by the rules may allow the application and the order to be made irrespective of whether any other relevant proceedings have been begun in the court. Rules of court may provide for the Court of Appeal or the Inner House of the Court of Session to make an order in connection with any appeal proceedings requiring anonymity for the relevant individual. In sub-paragraphs (1) and (2) the references, in relation to a court, to an order requiring anonymity for the relevant individual are references to an order by that court which imposes such prohibition or restriction as it thinks fit on the disclosure— of the identity of the relevant individual or of any information that would tend to identify the relevant individual. In this paragraph “relevant individual” means an individual on whom the Secretary of State is proposing to impose, or has imposed, measures.
Section 51
An individual who has been convicted of an offence under section 56(1) may appeal against the conviction if—
a Part 2 notice, the extension of a Part 2 notice, or the revival of a Part 2 notice is quashed, or measures specified in a Part 2 notice are quashed, and
the individual could not have been convicted had the quashing occurred before the proceedings for the offence were brought.
An appeal under this Schedule is to be made—
in the case of a conviction on indictment in England and Wales or Northern Ireland, to the Court of Appeal,
in the case of a conviction on indictment in Scotland, to the High Court of Justiciary,
in the case of a summary conviction in England and Wales, to the Crown Court,
in the case of a summary conviction in Scotland, to the Sheriff Appeal Court, or
in the case of a summary conviction in Northern Ireland, to the county court.
The right of appeal under this Schedule does not arise until there is no further possibility of an appeal against— In determining whether there is no further possibility of an appeal against a decision of the kind mentioned in sub-paragraph (1), any power to extend the time for giving notice of application for leave to appeal, or for applying for leave to appeal, must be ignored.
On an appeal under this Schedule to any court, that court must allow the appeal and quash the conviction. An appeal under this Schedule to the Court of Appeal against a conviction on indictment in England and Wales or Northern Ireland— An appeal under this Schedule to the High Court of Justiciary against a conviction on indictment in Scotland— An appeal under this Schedule to the Crown Court against a summary conviction in England and Wales— An appeal under this Schedule to the Sheriff Appeal Court against a summary conviction in Scotland— An appeal under this Schedule to the county court against a summary conviction in Northern Ireland—
Section 54
Section 57
Section 58
“confidential journalistic material” has the same meaning as in section 264 of the Investigatory Powers Act 2016;
This paragraph applies at any time when a Part 2 notice is in force in respect of an individual in England, Wales or Northern Ireland. A constable may take fingerprints or a non-intimate sample from the individual— A constable may use reasonable force, if necessary, for the purpose of exercising the power under sub-paragraph (2)(b). Before any fingerprints or a non-intimate sample are taken the individual must be informed— The matters mentioned in sub-paragraph (4) must be recorded as soon as practicable after the fingerprints or non-intimate sample are taken. The information mentioned in sub-paragraph (4) must be given by— Where a sample of hair other than pubic hair is to be taken under this paragraph, the sample may be taken either by cutting hairs or by plucking hairs with their roots so long as no more are plucked than the person taking the sample reasonably considers to be necessary for a sufficient sample.
This paragraph applies to— Fingerprints, relevant physical data and DNA profiles to which this paragraph applies (“paragraph 6 material”) must be destroyed if it appears to the responsible chief officer of police that the taking or providing of the material or, in the case of a DNA profile, the taking of the sample from which the DNA profile was derived, was unlawful. In any other case, paragraph 6 material must be destroyed unless it is retained under a power conferred by paragraph 8, 9, or 11. Paragraph 6 material that ceases to be retained under a power mentioned in sub-paragraph (3) may continue to be retained under any other such power that applies to it. Nothing in this paragraph prevents a relevant search from being carried out, in relation to paragraph 6 material, within such time as may reasonably be required for the search if the responsible chief officer of police considers the search to be desirable.
Any material to which paragraph 6 or 13 applies must not be used other than— Material which is required by paragraph 6 or 13 to be destroyed must not at any time after it is required to be destroyed be used— In this paragraph—
The Official Secrets Act 1939 is repealed.
The Official Secrets Act 1989 is amended as follows. In section 5(6) (offence of disclosing information obtained by espionage) for “section 1 of the Official Secrets Act 1911” substitute “any of sections 1 to 4 of the National Security Act 2023”. In section 11 (arrest, search and trial)—
In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in section 45 does not apply), after paragraph 36B insert—
A constable may exercise the power under paragraph 1 to take fingerprints or a non-intimate sample from an individual only if at the time when the power is to be exercised— The condition in the case of fingerprints is that— The condition in the case of a non-intimate sample is that— In this paragraph “the present Part 2 notice” means the Part 2 notice in force at the time when it is proposed to exercise the power to take the fingerprints or sample.
If fingerprints or relevant physical data are required by paragraph 6 to be destroyed, any copies of the fingerprints or data held by a police force must also be destroyed. If a DNA profile is required by that paragraph to be destroyed, no copy may be retained by a police force except in a form which does not include information which identifies the individual to whom the DNA profile relates.
A constable may— A requirement under sub-paragraph (1)(a)— In specifying a period or time or times of day for the purposes of sub-paragraph (2), the constable must consider whether the fingerprints or non-intimate sample could reasonably be taken at a time when the individual is for any other reason required to attend the police station (including, in particular, under measures imposed on the individual by virtue of paragraph 11 of Schedule 7). In giving a requirement under this paragraph a constable may specify a period of shorter than 7 days if— Where an authorisation is given under sub-paragraph (4)(b)— must be recorded as soon as practicable after it has been given. If the constable who gives a requirement to an individual under this paragraph and the individual agree, it may be varied so as to specify any period within which, or date or time at which, the individual must attend; but a variation does not have effect unless confirmed by the constable in writing.
Section 66
A person is controlled by a foreign power if one or more of the following conditions are met. Condition 1 is that the foreign power has the right to direct or control, or actually directs or controls, the person’s activities (in whole or in part). Condition 2 is that the foreign power holds, directly or indirectly, more than 25% of the shares in the person. Condition 3 is that the foreign power holds, directly or indirectly, more than 25% of the voting rights in the person. Condition 4 is that the foreign power holds the right, directly or indirectly, to appoint or remove an officer of the person. Condition 5 is that—
In this Schedule “officer”—
in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity;
in relation to a partnership, means a partner or person purporting to act as a partner;
in relation to an unincorporated association other than a partnership, means a person who is concerned in the management or control of the association or purports to act in the capacity of a person so concerned.
The Secretary of State may by regulations amend this Schedule for a permitted purpose. The permitted purposes are—
Section 70
Section 73
Section 88
Section 92
Section 41 to the Terrorism Act 2000 (arrest without warrant) is amended as follows. In subsection (3)(b)— After subsection (3) insert— After subsection (8) insert— In subsection (8A)—
Schedule 5 to the Terrorism Act 2000 (terrorist investigations) is amended as follows. In paragraph 3 (power to search premises within cordoned area)— In paragraph 15 (search and seizure in urgent cases: England, Wales and Northern Ireland)— After paragraph 15 insert— In paragraph 18 (application to Northern Ireland) before paragraph (f) insert—. In paragraph 31 (search and seizure in urgent cases: Scotland)— After paragraph 31 insert—
Section 94
Section 33A
The Islamic Revolutionary Guard Corps (IRGC) (Sepah-e Pasdaran-e Enghelab-e Eslami).
The Islamic Movement of Companions of the Right (IMCR) (Harakat Ashab al-Yamin al-Islamiyah), including the following alternative names—
the Islamic Movement of the People of the Right Hand;
the Islamic Movement of the Companions of the Righteous.
The Main Intelligence Directorate of the General Staff of the Armed Forces of the Russian Federation Volunteer Corps (Glavnoye upravleniye General’nogo shtaba Vooruzhonnykh sil Rossiyskoy Federatsii Dobrovol’cheskii korpus) (GRU VC).