National Security (State Threats) Act 2026

Summary

The National Security (State Threats) Act 2026 amends the National Security Act 2023 to create a proscription-style designation regime for bodies involved in foreign power threat activity. The Home Secretary may by regulations designate a body they reasonably believe is, or has been, involved in foreign power threat activity, where designation is necessary to protect the safety or interests of the United Kingdom. The Act inserts three new criminal offences into the 2023 Act — supporting a designated body, assisting a designated body, and obtaining or accepting material benefits from a designated body — each carrying up to 14 years' imprisonment, and extends existing state threats offences via a new 'designated body condition'. It establishes a removal-of-designation process modelled on terrorist deproscription: application to the Secretary of State, appeal to the Proscribed Organisations Appeal Commission on judicial review principles, and quashing of convictions where a designation is later removed on appeal. Urgent designations can be made under a 40-day 'made affirmative' procedure. The whole Act came into force on Royal Assent, 8 July 2026.

Key Points

• Inserts new ss.33A-33B into the National Security Act 2023: the Secretary of State may by regulations designate a body reasonably believed to be involved in foreign power threat activity, where designation is necessary to protect the safety or interests of the UK; designations can include alternative names (s.1)
• New 'designated body condition' — met where conduct is carried out for or on behalf of a designated body, including conduct instigated by, directed or controlled by, financially assisted by, or in collaboration with the body, directly or indirectly (new s.33B)
• New offence of supporting a designated body — inviting support, expressing supportive opinions, or arranging/addressing meetings for a purpose the person knows or ought to know is prejudicial to UK safety or interests; up to 14 years' imprisonment (new s.17A)
• New offence of assisting a designated body in carrying out UK-related activities, including providing information, goods, services or financial benefits; up to 14 years, with defences for legal obligations, public functions, lawyers, official agreements and humanitarian activities (new s.17B)
• New offence of obtaining, accepting or retaining material benefits provided by or on behalf of a designated body; up to 14 years (10 years for agreeing to accept a benefit) (new s.17C)
• All three offences apply extraterritorially to conduct wholly outside the UK by UK persons or Crown servants
• Removal of designation: application to the Secretary of State (new s.33C), appeal to the Proscribed Organisations Appeal Commission applying judicial review principles (new s.33D), further appeal on a point of law (new s.33E), and quashing of convictions where a designation or alternative name is removed following a successful appeal (new s.33F)
• Urgent designation regulations may be made without prior parliamentary approval but lapse after 40 days unless approved by both Houses ('made affirmative' procedure, s.5)

Frequently asked questions

Who can designate a body under the new Act?

The Act allows the Home Secretary to designate bodies reasonably believed to be involved in foreign power threat activity. This designation is only permitted if it is necessary to protect the safety or interests of the United Kingdom. The process creates a proscription-style regime for these specific foreign entities.

What are the main criminal offences created by this legislation?

The Act introduces three new criminal offences: supporting a designated body, assisting a designated body, and obtaining or accepting material benefits from one. Each of these offences carries a maximum penalty of 14 years' imprisonment. There is a specific provision where agreeing to accept a benefit carries a maximum of 10 years.

Do these laws apply if I am outside the UK?

Yes, the offences apply extraterritorially. This means they cover conduct that takes place wholly outside the United Kingdom if the person involved is a UK person or a Crown servant. The law is not limited to actions physically occurring within UK borders.

How can a body challenge its designation?

A body can apply to the Secretary of State for removal. If unsuccessful, it may appeal to the Proscribed Organisations Appeal Commission, which applies judicial review principles. There is also a further appeal on a point of law. If a designation is removed following a successful appeal, any related convictions can be quashed.

Can a body be designated urgently without waiting for Parliament?

Urgent designations can be made without prior parliamentary approval. However, these regulations lapse after 40 days unless they are approved by both Houses of Parliament. This is known as a 'made affirmative' procedure, allowing for rapid action while maintaining eventual parliamentary oversight.

When did this Act come into force?

The National Security (State Threats) Act 2026 came into force on Royal Assent, which occurred on 8 July 2026. It amends the National Security Act 2023 to establish the new designation regime and associated criminal offences.