National Security Act 2023

Entering and inspecting places used for defence etc U.K.

4 Entering etc a prohibited place for a purpose prejudicial to the UK U.K.

(1) A person commits an offence if—

(a) the person—

(i) accesses, enters, inspects, passes over or under, approaches or is in the vicinity of a prohibited place, or

(ii) 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

(b) 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.

(2) In subsection (1)(a) a reference to inspecting a prohibited place includes—

(a) taking, or procuring the taking of, photographs, videos or other recordings of the prohibited place;

(b) inspecting photographs, videos or other recordings of the prohibited place.

(3) 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.

(4) Subsection (1) applies whether the person’s conduct takes place in the United Kingdom or elsewhere.

(5) 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).

(6) In this Part “vehicle” means any form of transport.

Commencement Information

I1 S. 4 not in force at Royal Assent, see s. 100(1)

I2 S. 4 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(a)

5 Unauthorised entry etc to a prohibited place U.K.

(1) A person commits an offence if—

(a) the person—

(i) accesses, enters, inspects or passes over or under a prohibited place, or

(ii) causes an unmanned vehicle or device to access, enter, inspect or pass over or under a prohibited place,

(b) that conduct is unauthorised, and

(c) the person knows, or having regard to other matters known to them ought reasonably to know, that their conduct is unauthorised.

(2) A person’s conduct is unauthorised if the person—

(a) is not entitled to determine whether they may engage in the conduct, and

(b) does not have consent to engage in the conduct from a person so entitled.

(3) 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.

(4) 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.

(5) A person who commits an offence under this section is liable—

(a) 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);

(b) 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);

(c) 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).

Commencement Information

I3 S. 5 not in force at Royal Assent, see s. 100(1)

I4 S. 5 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(a)

6 Powers of police officers in relation to a prohibited place U.K.

(1) A constable may order—

(a) 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;

(b) a person who has accessed or entered a prohibited place (whether in person or by electronic or remote means) to leave it immediately;

(c) a person in an area adjacent to a prohibited place to leave the area immediately;

(d) 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.

(2) A constable may arrange for—

(a) the removal of a vehicle or device from a prohibited place or an area adjacent to a prohibited place;

(b) the movement of a vehicle or device within a prohibited place or an area adjacent to a prohibited place.

(3) 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.

(4) A person commits an offence if the person fails to comply with an order imposed under subsection (1).

(5) 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).

Commencement Information

I5 S. 6 not in force at Royal Assent, see s. 100(1)

I6 S. 6 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(a)

7 Meaning of “prohibited place” U.K.

(1) In this Part “prohibited place” means—

(a) Crown land in the United Kingdom or the Sovereign Base Areas of Akrotiri and Dhekelia which is used—

(i) for UK defence purposes;

(ii) for extracting any metals, oil or minerals for use for UK defence purposes;

(iii) for the purposes of the defence of a foreign country or territory;

(b) a vehicle—

(i) 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;

(ii) not so situated which is used for UK defence purposes;

(c) 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);

(d) any land or building in the United Kingdom or the Sovereign Base Areas of Akrotiri and Dhekelia which is—

(i) owned or controlled by the Security Service, the Secret Intelligence Service or GCHQ, and

(ii) used for the functions of the Security Service, the Secret Intelligence Service or GCHQ;

(e) any land or building or vehicle designated as a prohibited place in regulations made under section 8.

(2) In subsection (1) use for UK defence purposes means use for the purposes of—

(a) the activities of the armed forces of the Crown,

(b) the invention, development, production, operation, storage or disposal of weapons or other equipment or capabilities of those forces and research relating to it,

(c) United Kingdom defence policy and strategy and military planning and intelligence, or

(d) 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.

(3) In subsection (1) use for the purposes of the defence of a foreign country or territory means use for the purposes of—

(a) the activities of the armed forces of the foreign country or territory, or

(b) the invention, development, production, operation, storage or disposal of weapons or other equipment or capabilities of those forces and research relating to it.

(4) In this section—

• “building” includes any part of a building;

• “Crown land” means any land or building in which there is a Crown interest or a Duchy interest;

• “Crown interest” means any of the following—

  (a)

  an interest belonging to His Majesty in right of the Crown or in right of His private estates;

  (b)

  an interest belonging to a United Kingdom government department or held in trust for His Majesty for the purposes of a United Kingdom government department;

• “Duchy interest” means an interest belonging to His Majesty in right of the Duchy of Lancaster or belonging to the Duchy of Cornwall;

• “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;

• “GCHQ” has the meaning given by section 3(3) of the Intelligence Services Act 1994.

(5) 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.

Commencement Information

I7 S. 7 not in force at Royal Assent, see s. 100(1)

I8 S. 7 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(a)

8 Power to designate additional sites as prohibited places U.K.

(1) The Secretary of State may by regulations designate—

(a) land or a building situated in the United Kingdom or the Sovereign Base Areas of Akrotiri and Dhekelia, or

(b) a vehicle,

as a prohibited place.

(2) 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.

(3) Those matters are—

(a) the purpose for which the land or building or vehicle is used;

(b) the nature of any information held, stored or processed on the land or in the building or vehicle;

(c) the nature of any technology, equipment or material located on the land or in the building or vehicle.

(4) The power in subsection (1) may be exercised in relation to—

(a) a description of land or buildings, or

(b) a description of vehicle,

as well as in relation to particular land or buildings or a particular vehicle.

(5) In this section “building” includes any part of a building.

Commencement Information

I9 S. 8 not in force at Royal Assent, see s. 100(1)

I10 S. 8 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(a)

9 Power to designate a cordoned area to secure defence aircraft U.K.

(1) A constable may designate an area as a cordoned area.

(2) A constable may designate an area under subsection (1) only if the constable considers it expedient to do so for the purposes of securing—

(a) an aircraft, or a part of an aircraft, used for military purposes, or

(b) equipment relating to such an aircraft.

(3) If a designation is made orally, the constable making the designation must confirm it in writing as soon as is reasonably practicable.

(4) A constable making a designation must, as soon as is reasonably practicable—

(a) make a written record of the time at which the designation was made, and

(b) ensure that a police officer of at least the rank of superintendent is informed.

(5) An officer who is informed of a designation in accordance with subsection (4)(b) must—

(a) confirm the designation or cancel it with effect from such time as the officer may direct, and

(b) if the officer cancels the designation, make a written record of the cancellation and the reason for it.

(6) A constable making a designation must arrange for the demarcation of the cordoned area, so far as is reasonably practicable—

(a) by means of tape marked with the word “police”, or

(b) in such other manner as the constable considers appropriate.

Commencement Information

I11 S. 9 not in force at Royal Assent, see s. 100(1)

I12 S. 9 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(a)

10 Duration of cordon U.K.

(1) A designation under section 9 has effect, subject to subsections (2) to (5), during the period—

(a) beginning at the time when it is made, and

(b) ending with a date or at a time specified in the designation.

(2) 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.

(3) A constable may extend from time to time the period during which a designation has effect.

(4) An extension under subsection (3) must—

(a) be in writing, and

(b) specify the additional period during which the designation is to have effect.

(5) 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.

Commencement Information

I13 S. 10 not in force at Royal Assent, see s. 100(1)

I14 S. 10 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(a)

11 Powers of police in relation to a cordoned area U.K.

(1) A constable may order—

(a) a person not to do any of the following (whether in person or by electronic or remote means)—

(i) enter, inspect, pass over or under, approach or be in the vicinity of a cordoned area, or

(ii) cause an unmanned vehicle or device to enter, inspect, pass over or under, approach or be in the vicinity of a cordoned area;

(b) a person in a cordoned area (whether in person or by electronic or remote means) to leave it immediately;

(c) a person in an area adjacent to a cordoned area to leave the area immediately;

(d) 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.

(2) In subsection (1) a reference to inspecting a cordoned area includes taking or procuring the taking of photographs, videos or other recordings.

(3) A constable may arrange for—

(a) the removal of a vehicle or device from a cordoned area;

(b) the movement of a vehicle or device within a cordoned area.

(4) A person commits an offence if the person fails to comply with an order imposed under subsection (1).

(5) 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.

(6) A person is taken to have shown a matter mentioned in subsection (5) if—

(a) sufficient evidence of the matter is adduced to raise an issue with respect to it, and

(b) the contrary is not proved beyond reasonable doubt.

(7) 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).

(8) In this section “cordoned area” means an area designated as a cordoned area under section 9.

Commencement Information

I15 S. 11 not in force at Royal Assent, see s. 100(1)

I16 S. 11 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(a)