Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
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)