National Security Act 2023

Summary

The National Security Act 2023 is the most significant reform of the UK's espionage and state threats law since the Official Secrets Acts of 1911-1989. It replaces the core espionage offences of those Acts with modern replacements better suited to contemporary state-sponsored threats from Russia, China, Iran, and other actors. The Act creates a suite of offences targeting individuals who obtain, disclose, or use protected information for the benefit of a foreign power (Part 1), as well as sabotage, foreign interference in UK democracy, and assisting foreign intelligence services. Part 2 introduces State Threats Prevention and Investigation Measures (STPIMs) — restrictions similar to terrorism prevention and investigation measures (TPIMs) imposable on individuals for whom there is reasonable suspicion of state threats activity but insufficient evidence to prosecute. Part 4 establishes the Foreign Influence Registration Scheme (FIRS), requiring those who carry out political influence activities at the direction of a foreign power to register with the Home Secretary. Failure to register is a criminal offence. The Act applies across the UK. It received Royal Assent on 11 July 2023. Parts of the Act (including FIRS) came into force on 20 January 2025.

Key Points

• Section 1: offence of obtaining or disclosing protected information — intentionally obtaining or disclosing information that is potentially useful to a foreign power for a purpose that the person knows or ought to know is prejudicial to the safety or interests of the UK; maximum life imprisonment on indictment
• Section 3: offence of assisting a foreign intelligence service — providing any kind of support to a foreign intelligence service, knowing or suspecting that the service is a foreign intelligence service; maximum 14 years
• Section 12: sabotage offence — damaging, destroying, or otherwise interfering with property or computer systems for a purpose that the person knows or ought to know is prejudicial to the safety or interests of the UK; maximum life imprisonment
• Section 13: foreign interference offence — carrying out or assisting conduct capable of affecting an electoral process or political decision-making in the UK, intending to interfere in that process, at the direction or for the benefit of a foreign power; maximum 14 years
• Part 2 (ss.39-62): State Threats Prevention and Investigation Measures (STPIMs) — the Home Secretary may impose STPIMs on individuals where the Secretary of State reasonably believes the individual is involved in state threats activity and the measure is necessary; requires court permission
• Part 4: Foreign Influence Registration Scheme (FIRS) — persons who carry out 'political influence activities' at the direction of a foreign government (or entities controlled by one) must register with the Home Secretary; failure to register or provision of false information is a criminal offence; in force from January 2025

Parts & Sections

Amendments History

Frequently asked questions

What is the National Security Act 2023 and why was it created?

The National Security Act 2023 is the most significant reform of UK espionage law since the Official Secrets Acts. It replaces older offences with modern ones targeting state-sponsored threats from actors like Russia and China. It covers obtaining protected information, sabotage, foreign interference in democracy, and assisting foreign intelligence services. The Act also introduces State Threats Prevention and Investigation Measures and the Foreign Influence Registration Scheme. It received Royal Assent on 11 July 2023 and applies across the UK.

What are the penalties for obtaining or disclosing protected information?

Under Section 1, it is an offence to intentionally obtain or disclose protected information if you know or ought to know it is potentially useful to a foreign power and that your actions are prejudicial to the UK's safety or interests. This covers espionage, including by foreign nationals in the UK. The maximum penalty for this offence is life imprisonment when tried on indictment.

Who needs to register under the Foreign Influence Registration Scheme?

The Foreign Influence Registration Scheme (FIRS) requires individuals carrying out political influence activities at the direction of a foreign government or controlled entity to register with the Home Secretary. A 'foreign principal' includes foreign governments, foreign bodies, or non-UK nationals not habitually resident in the UK. Failure to register, providing false information, or acting while suspended are criminal offences with a maximum penalty of five years' imprisonment.

What are State Threats Prevention and Investigation Measures (STPIMs)?

State Threats Prevention and Investigation Measures (STPIMs) are restrictions similar to terrorism prevention measures. The Home Secretary may impose them on individuals where there is a reasonable belief of involvement in state threats activity and the measure is necessary, but there is insufficient evidence to prosecute. Imposing an STPIM requires permission from the court.

When did the Foreign Influence Registration Scheme come into force?

The Foreign Influence Registration Scheme came into force on 20 January 2025. The Home Office published statutory guidance before this date, outlining the registration approach, exemptions for groups like diplomats and charities, and the transparency register. The scheme was brought into force by the National Security Act 2023 (Commencement No. 3) Regulations 2024.

What is the offence of foreign interference under the Act?

Section 13 makes it an offence to carry out or assist conduct capable of affecting a UK electoral process or political decision-making, with the intention to interfere, if done at the direction of or for the benefit of a foreign power. The maximum sentence for this foreign interference offence is 14 years' imprisonment.