National Security Act 2023

Prospective

Political influence activities of foreign powers U.K.

69 Requirement to register foreign influence arrangements U.K.

(1) A “foreign influence arrangement” is an agreement or arrangement between a person (“P”) and a foreign power pursuant to which the foreign power directs P—

(a) to carry out political influence activities in the United Kingdom, or

(b) to arrange for such activities to be carried out in the United Kingdom.

(2) Where the foreign power is a specified person, the arrangement is not a foreign influence arrangement to the extent that it relates to political influence activities that are relevant activities for the purposes of section 65.

(3) Where P makes a foreign influence arrangement, P must register the arrangement with the Secretary of State before the end of the period of 28 days beginning with the day on which P makes the arrangement.

(4) Subsection (3) applies in relation to a foreign influence arrangement which is made before, and which continues to have effect on, the day on which this section comes into force as if, for the words from “28” to the end, there were substituted “3 months beginning with the day on which this section comes into force.”

(5) P commits an offence if P—

(a) fails to comply with subsection (3), and

(b) knows that the arrangement in question is a foreign influence arrangement.

Commencement Information

I1 S. 69 not in force at Royal Assent, see s. 100(1)

70 Meaning of “political influence activity” U.K.

(1) An activity is a “political influence activity” if—

(a) it is within subsection (2), and

(b) the purpose, or one of the purposes, for which it is carried out is the purpose of influencing a matter or person within subsection (3).

(2) The activities within this subsection are—

(a) making any communication to a person listed in Schedule 14;

(b) making a public communication, except where it is reasonably clear from the communication that it is made by or at the direction of the foreign power;

(c) distributing money, goods or services to UK persons.

(3) The matters and persons within this subsection are—

(a) an election or referendum in the United Kingdom,

(b) a decision of—

(i) a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975) or a United Kingdom government department,

(ii) a Northern Ireland Minister, the First Minister in Northern Ireland, the deputy First Minister in Northern Ireland, a person appointed as a junior Minister under section 19 of the Northern Ireland Act 1998, a Northern Ireland department or the Executive Committee of the Northern Ireland Assembly,

(iii) the Scottish Ministers or the First Minister for Scotland, or

(iv) the Welsh Ministers, the First Minister for Wales or the Counsel General to the Welsh Government,

(c) the proceedings of a UK registered political party, or

(d) a Member of either House of Parliament, the Northern Ireland Assembly, the Scottish Parliament or Senedd Cymru (acting in that capacity).

(4) For the purposes of subsection (2)(b) a person makes a public communication if the person—

(a) publishes or disseminates information, a document or other article, or

(b) produces information, a document or other article for publication or dissemination.

(5) In this section—

• “UK person” has the same meaning as in section 2;

• “UK registered political party” means a political party registered under Part 2 of the Political Parties, Elections and Referendums Act 2000.

Commencement Information

I2 S. 70 not in force at Royal Assent, see s. 100(1)

71 Offence of carrying out etc political influence activities pursuant to unregistered foreign influence arrangement U.K.

(1) This section applies where a person (“P”) makes a foreign influence arrangement required to be registered under section 69(3).

(2) P commits an offence if—

(a) after the end of the registration period P carries out a political influence activity, or arranges for a political influence activity to be carried out, in the United Kingdom pursuant to the arrangement,

(b) the arrangement is not registered, and

(c) P knows, or having regard to other matters known to them ought reasonably to know, that they are acting pursuant to a foreign influence arrangement.

(3) A person other than P commits an offence if—

(a) after the end of the registration period the person carries out a political influence activity, or arranges for a political influence activity to be carried out, in the United Kingdom pursuant to the arrangement,

(b) the arrangement is not registered, and

(c) the person knows, or having regard to other matters known to them ought reasonably to know, that they are acting pursuant to a foreign influence arrangement.

(4) In this section the “registration period” means the period before the end of which P must register the arrangement (see section 69(3) and (4)).

(5) In proceedings for an offence under subsection (3) it is a defence to show that the person—

(a) took all steps reasonably practicable to determine whether the arrangement was registered, and

(b) reasonably believed that the arrangement was registered.

(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.

Commencement Information

I3 S. 71 not in force at Royal Assent, see s. 100(1)

72 Requirement to register political influence activities of foreign powers U.K.

(1) A person who holds office in or under, or is an employee or other member of staff of, a foreign power must not carry out political influence activities in the United Kingdom in that capacity if or to the extent that—

(a) the person makes a misrepresentation about their activities or the capacity in which they act (whether generally or to a particular person), and

(b) the activities are not registered with the Secretary of State by the foreign power.

(2) Where the foreign power is a specified person, the prohibition in subsection (1) does not apply to the extent that the political influence activities are relevant activities for the purposes of section 68.

(3) A misrepresentation is a representation that a reasonable person would consider to be false or misleading in a material way.

(4) A misrepresentation may be made by making a statement or by any other kind of conduct (including an omission), and may be express or implied.

(5) A misrepresentation may in particular include—

(a) a misrepresentation as to the person’s identity or purpose;

(b) presenting information in a way which amounts to a misrepresentation, even if some or all of the information is true.

(6) A person who breaches a prohibition in subsection (1) commits an offence if the person knows, or having regard to other matters known to them ought reasonably to know, that paragraph (a) of that subsection applies.

(7) In proceedings for an offence under subsection (6) it is a defence to show that the person—

(a) took all steps reasonably practicable to determine whether the activities were registered, and

(b) reasonably believed that the activities were registered.

(8) A person is taken to have shown a matter mentioned in subsection (7) 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.

Commencement Information

I4 S. 72 not in force at Royal Assent, see s. 100(1)