National Security Act 2023

Part 2 U.K. Amendments

Electoral Law Act (Northern Ireland) 1962 (c.14 (N.I.)) U.K.

1 (1) The Electoral Law Act (Northern Ireland) 1962 (c.14 (N.I.)) is amended as follows.

(2) In section 105 (restrictions on summary prosecution) after subsection (8) insert—

“(9) A corrupt practice or electoral offence in relation to which section 16 of the National Security Act 2023 (which provides for higher sentences in cases of foreign interference) applies is triable only on indictment.”

(3) In section 106 (prosecution of offences disclosed on election petition) after subsection (1) insert—

“(1A) The duty in subsection (1) to obey a direction given by an election court does not apply to a direction with respect to the prosecution of a corrupt practice or electoral offence in relation to which the Director has reasonable grounds to believe section 16 of the National Security Act 2023 (which provides for higher sentences in cases of foreign interference) applies.”

(4) In section 108 (penalties for corrupt practices) after subsection (4) insert—

“(5) This section does not apply where section 16 of the National Security Act 2023 (which provides for higher sentences in cases of foreign interference) applies in relation to the corrupt practice.”

(5) In section 111 (penalties for electoral offences) after subsection (2A) insert—

“(2B) Subsections (1) to (2A) do not apply where section 16 of the National Security Act 2023 (which provides for higher sentences in cases of foreign interference) applies in relation to the electoral offence.”

(6) In section 112(1H) (incapacities resulting from convictions) after “109” insert “or under section 16 of the National Security Act 2023 (which provides for higher sentences in cases of foreign interference)”.

(7) In section 118 (time limit for prosecutions) after subsection (3) insert—

“(4) This section does not apply where section 16 of the National Security Act 2023 (which provides for higher sentences in cases of foreign interference) applies in relation to the electoral misdemeanour.”

Commencement Information

I1 Sch. 1 para. 1 not in force at Royal Assent, see 100(1)

I2 Sch. 1 para. 1 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(a)

Representation of the People Act 1983 (c. 2) U.K.

2 (1) The Representation of the People Act 1983 is amended as follows.

(2) In section 65 (offence of tampering with nomination papers etc) after subsection (4) insert—

“(5) Subsections (3) and (4) do not apply where section 16 of the National Security Act 2023 (which provides for higher sentences in cases of foreign interference) applies in relation to the offence.”

(3) In section 168 (penalties for corrupt practices) after subsection (1) insert—

“(1A) Subsection (1) does not apply where section 16 of the National Security Act 2023 (which provides for higher sentences in cases of foreign interference) applies in relation to the corrupt practice.”

(4) In section 176 (time limit for prosecutions) after subsection (1) insert—

“(1A) Subsection (1) does not apply where section 16 of the National Security Act 2023 (which provides for higher sentences in cases of foreign interference) applies in relation to the offence.”

Commencement Information

I3 Sch. 1 para. 2 not in force at Royal Assent, see 100(1)

I4 Sch. 1 para. 2 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(a)

Political Parties, Elections and Referendums Act 2000 (c. 41) U.K.

3 (1) The Political Parties, Elections and Referendums Act 2000 is amended as follows.

(2) In section 147 (civil sanctions)—

(a) the existing text becomes subsection (1);

(b) after that subsection insert—

“(2) Schedule 19C does not apply in relation to the commission of an offence under this Act where section 16 of the National Security Act 2023 (which provides for higher sentences in cases of foreign interference) applies in relation to the offence.”

(3) In section 150 (punishment of offences) at the end insert—

“(6) Schedule 20 does not apply where section 16 of the National Security Act 2023 (which provides for higher sentences in cases of foreign interference) applies in relation to the offence.”

Commencement Information

I5 Sch. 1 para. 3 not in force at Royal Assent, see 100(1)

I6 Sch. 1 para. 3 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(a)