National Security Act 2023

33 Foreign power threat activity and involvement in that activity U.K.

(1) In this Part references to foreign power threat activity and to involvement in foreign power threat activity are to one or more of the following—

(a) the commission, preparation or instigation of acts or threats within subsection (3);

(b) conduct which facilitates (or is intended to facilitate) conduct falling within paragraph (a);

(c) conduct which gives support or assistance to a person (“P”), where the person who engages in the conduct—

(i) knows or believes P to be involved in, and

(ii) engages in the conduct for the purpose of giving support or assistance to,

conduct falling within paragraph (a).

(2) It is immaterial whether the activity within subsection (1) relates to specific acts or threats within subsection (3), or to acts or threats within that subsection in general.

(3) References to acts or threats within this subsection are to—

(a) acts which constitute an offence under—

(i) section 1 (obtaining or disclosing protected information);

(ii) section 2 (obtaining or disclosing trade secrets);

(iii) section 3 (assisting a foreign intelligence service);

(iv) section 4 (entering etc. a prohibited place for a purpose prejudicial to the UK);

(v) section 12 (sabotage);

(vi) section 13 (foreign interference: general);

(vii) section 17(1) (obtaining material benefits from a foreign intelligence service);

(b) acts within subsection (4) in relation to which the foreign power condition is met;

(c) threats to carry out acts within subsection (4), where the foreign power condition is met in relation to the threats.

(4) Acts are within this subsection if they—

(a) involve serious violence against another person,

(b) endanger the life of another person, or

(c) create a serious risk to the health or safety of the public or a section of the public.

Commencement Information

I1 S. 33 not in force at Royal Assent, see s. 100(1)

I2 S. 33 in force at 20.12.2023 by S.I. 2023/1272, reg. 2(a)