National Security Act 2023

Prospective

Offences: penalties etc U.K.

80 Offences: penalties U.K.

(1) A person who commits a foreign activity offence is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine (or both);

(b) on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or to a fine (or both);

(c) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum (or both);

(d) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both).

(2) “Foreign activity offence” means—

(a) an offence under section 65(5);

(b) an offence under section 67;

(c) an offence under section 68(9) or (10);

(d) an offence under section 74(8) committed in relation to a foreign activity arrangement registered under section 65 or a relevant activity registered under section 68;

(e) an offence under section 75(8) committed in relation to an information notice given under section 75(1);

(f) an offence under section 77(1) or (2);

(g) an offence under section 78(1).

(3) A person who commits a foreign influence offence is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine (or both);

(b) on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or to a fine (or both);

(c) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum (or both);

(d) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both).

(4) “Foreign influence offence” means—

(a) an offence under section 69(5);

(b) an offence under section 71;

(c) an offence under section 72(6);

(d) an offence under section 74(8) committed in relation to a foreign influence arrangement registered under section 69 or a political influence activity registered under section 72;

(e) an offence under section 75(8) committed in relation to an information notice given under section 75(2);

(f) an offence under section 77(3) or (4);

(g) an offence under section 78(2).

Commencement Information

I1 S. 80 not in force at Royal Assent, see s. 100(1)

81 Offences: supplementary provision U.K.

(1) Section 35 (offences by body corporate etc) applies in relation to offences under this Part as it applies in relation to offences under Part 1.

(2) Section 36(1) and (3) to (5) (offences committed outside the United Kingdom) applies in relation to offences under this Part as it applies in relation to offences under Part 1.

(3) If it is necessary in the interests of national security, a court may exclude the public from any part of proceedings for an offence under this Part, except for the passing of sentence.

Commencement Information

I2 S. 81 not in force at Royal Assent, see s. 100(1)