This is a draft item of legislation and has not yet been made as a UK Statutory Instrument.
Draft Regulations laid before Parliament under section 96(5) and (6)(b) of the National Security Act 2023, for approval by resolution of each House of Parliament.
Draft Statutory Instruments
NATIONAL SECURITY
Made
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Coming into force in accordance with regulation 1(2)
The Secretary of State makes these Regulations in exercise of the powers conferred by section 66(1) and (5) of the National Security Act 2023(1) (“the 2023 Act”).
The Secretary of State considers that it is reasonably necessary to make these Regulations to protect the safety or interests of the United Kingdom.
The Secretary of State reasonably believes that the persons specified in Part 2 of the Schedule are controlled by a foreign power(2).
A draft of these Regulations has been laid before and approved by a resolution of each House of Parliament in accordance with section 96(5) and (6)(b) of the 2023 Act.
1.—(1) These Regulations may be cited as the National Security Act 2023 (Foreign Activities and Foreign Influence Registration Scheme: Specified Persons) (Iran) Regulations 2025.
(2) They come into force on the day on which Part 4 of the 2023 Act (foreign activities and foreign influence registration scheme) comes fully into force.
(3) They extend to England and Wales, Scotland and Northern Ireland.
(4) In these Regulations—
“the 2023 Act” means the National Security Act 2023;
“commencement date” means the date on which these Regulations come into force.
2. The foreign powers listed in Part 1 of the Schedule, and the other persons listed in Part 2 of the Schedule, are specified persons.
3.—(1) This regulation applies where—
(a)prior to the commencement date, P makes a foreign activity arrangement with a foreign power or other person specified in regulation 2 (“the arrangement”), and
(b)the arrangement continues to have effect on the commencement date.
(2) Section 65(4) of the 2023 Act applies in respect of the arrangement as if, for “before the end of the period of 10 days beginning with the day on which P makes the arrangement” there were substituted “before the end of the period of three months beginning with the commencement date”.
(3) During the period of three months beginning with the commencement date, the offences under section 67(2) and (3) of the 2023 Act (offence of carrying out etc. relevant activities pursuant to unregistered foreign activity arrangement) do not apply in relation to a relevant activity carried out, or arranged to be carried out, pursuant to the arrangement.
4.—(1) The Secretary of State must from time to time—
(a)carry out a review of the regulatory provision contained in these Regulations, and
(b)publish a report setting out the conclusions of the review.
(2) The first report must be published before the end of the period of 5 years beginning with the commencement date.
(3) Subsequent reports must be published at intervals not exceeding 5 years.
(4) Section 30(4) of the Small Business, Enterprise and Employment Act 2015(3) (“the 2015 Act”) requires that a report published under this regulation must, in particular—
(a)set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a) of this regulation,
(b)assess the extent to which those objectives are achieved,
(c)assess whether those objectives remain appropriate, and
(d)if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.
(5) In this regulation, “regulatory provision” has the same meaning as in sections 28 to 32 of the 2015 Act (see section 32 of that Act).
Name
Minister of State
Home Office
Date
Regulation 2
1. The Supreme Leader of Iran in their public capacity.
2. The Government of Iran (including any part of that government) and all of its agencies and authorities, including—
(a)Supreme Leader’s Office;
(b)Assembly of Experts;
(c)the President (in that capacity);
(d)Office of the President;
(e)Guardian Council;
(f)all Ministers (in that capacity);
(g)all Ministries (including the Ministry of Intelligence and Security);
(h)Expediency Council;
(i)the armed forces, including—
(i)Artesh,
(ii)Islamic Revolutionary Guard Corps;
(j)Supreme National Security Council (including all sub-committees);
(k)any other intelligence service;
(l)all police forces.
3. Islamic Consultative Assembly of Iran.
4. The judiciary of Iran.
(This note is not part of the Regulations)
These Regulations specify certain Iranian foreign powers and other persons as “specified persons” for the purposes of Part 4 of the National Security Act 2023 (c. 32) (“the 2023 Act”) (foreign activities and foreign influence registration scheme).
The specified foreign powers are those listed in Part 1 of the Schedule. In summary, they are the Supreme Leader of Iran and the Government of Iran (including all its agencies and authorities). The specified persons who are not foreign powers are listed in Part 2 of the Schedule. They are the Islamic Consultative Assembly of Iran and the judiciary of Iran.
The effect of specification by these Regulations is that a person who enters into an arrangement with a specified person and is directed under that arrangement to carry out activities in the United Kingdom, or arrange for others to do so, must register the arrangement prior to acting (see sections 65 and 67 of the 2023 Act). In addition, a specified person who is not a foreign power must not carry out activities in the United Kingdom unless those activities have been registered in advance (see section 68 of the 2023 Act). There are criminal offences in the 2023 Act for failure to act in accordance with these obligations and prohibitions.
Regulation 3 makes provision to apply the relevant requirements under Part 4 of the 2023 Act to arrangements made prior to the commencement of these Regulations, and makes a transitional provision.
An impact assessment accompanies these Regulations and is published on the www.gov.uk website. Copies may also be obtained by e-mailing firs@homeoffice.gov.uk or writing to the State Threats Unit, Home Office, Marsham Street, London SW1P 4DF.
“Foreign power” has the meaning given by section 32 of the National Security Act 2023 (c. 32) (see section 83(1) of that Act).
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