Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
The National Security Act 2023 is amended as follows.
After section 33 (foreign power threat activity and involvement in that activity) insert— .
The National Security Act 2023 is amended as follows.
After section 17 insert— .
The National Security Act 2023 is amended as follows.
After section 33B (as inserted by section 1(2)) insert— .
The Schedule contains amendments that are consequential on this Act.
The Secretary of State may by regulations make provision that is consequential on any provision of this Act.
The provision that may be made by regulations under subsection (2) includes provision amending primary legislation.
Regulations under this section are to be made by statutory instrument.
Regulations under this section which do not contain provision within subsection (3) are subject to annulment in pursuance of a resolution of either House of Parliament.
Regulations under this section which contain provision within subsection (3) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
In this section “primary legislation” means— whenever passed or made.
an Act of Parliament,
a Measure or Act of Senedd Cymru,
an Act of the Scottish Parliament,
Northern Ireland legislation,
The National Security Act 2023 is amended as follows.
In section 96 (regulations)—
in subsection (4), after paragraph (b) insert— ;
in subsection (6), before paragraph (a) insert— ;
after subsection (6) insert— ;
in subsection (9), after “20” insert “or 40”;
in subsection (11), after “section” insert “33A,”.
This Act extends to England and Wales, Scotland and Northern Ireland, subject to subsection (2).
Any amendment, repeal or revocation made by the Schedule to this Act has the same extent as the provision amended, repealed or revoked.
This Act comes into force on the day on which it is passed.
The power in section 419(1) of the Sentencing Act 2020 (power to state effect of commencement provisions) applies in relation to any amendment or repeal made by or under this Act as it applies in relation to an amendment or repeal made by Schedule 22 to that Act.
This Act may be cited as the National Security (State Threats) Act 2026.
Consequential amendments
Amendments of primary legislation
Part 1 of the Schedule to the Repatriation of Prisoners Act 1984 (operation of certain enactments in relation to the prisoner) is amended as follows.
In paragraph 2 (as it applies in Scotland to repatriated prisoners any of whose sentences were imposed on or after 1 October 1993)—
in sub-paragraph (3G)—
in paragraph (b), after “force” insert “or, where the condition to be met is the designated body condition, on or after the day on which the National Security (State Threats) Act 2026 came into force”;
in paragraph (c)(i), for “that section” substitute “section 16 of the National Security Act 2023”;
in paragraph (d), for “that section that the foreign power condition” substitute “section 16 of the National Security Act 2023 that the foreign power condition or the designated body condition”;
in sub-paragraph (3H)—
in paragraph (b), after “force” insert “or, where the condition to be met is the designated body condition, on or after the day on which the National Security (State Threats) Act 2026 came into force”;
in paragraph (c)(i), for “that section” substitute “section 21 of the National Security Act 2023”;
in paragraph (d), for “that section that the foreign power condition” substitute “section 21 of the National Security Act 2023 that the foreign power condition or the designated body condition”.
In paragraph 2A—
in sub-paragraph (4G)—
in paragraph (b), after “force” insert “or, where the condition to be met is the designated body condition, on or after the day on which the National Security (State Threats) Act 2026 came into force”;
in paragraph (c)(i), for “that section” substitute “section 16 of the National Security Act 2023”;
in paragraph (d), for “that section that the foreign power condition” substitute “section 16 of the National Security Act 2023 that the foreign power condition or the designated body condition”;
in sub-paragraph (4H)—
in paragraph (b), after “force” insert “or, where the condition to be met is the designated body condition, on or after the day on which the National Security (State Threats) Act 2026 came into force”;
in paragraph (c)(i), for “that section” substitute “section 21 of the National Security Act 2023”;
in paragraph (d), for “that section that the foreign power condition” substitute “section 21 of the National Security Act 2023 that the foreign power condition or the designated body condition”.
In the Criminal Justice Act 1988, in section 133(5)(h) (compensation for miscarriage of justice), after “under” insert “section 33D or”.
In the Criminal Procedure (Scotland) Act 1995, in Part 2 of Schedule 5ZB (offences involved or connected with a threat to national security)—
in paragraph 11, after sub-paragraph (g) insert—;
in paragraph 12—
in the heading, after “power” insert “or designated body”;
in sub-paragraph (b), after “condition” insert “or the designated body condition”;
in paragraph 14—
in the heading, after “power” insert “or designated body”;
in sub-paragraph (b), after “power” insert “or designated body”.
Schedule 3 to the Terrorism Act 2000 (constitution of the Proscribed Organisations Appeal Commission and procedure) is amended as follows.
In paragraph 5—
in sub-paragraph (3), after “organisations” insert “and bodies”;
in sub-paragraph (4)(a)—
after “deproscribe” insert “, or for designation or refusal to remove a designation,”;
for “or applicant concerned and any person representing it or him” substitute “, the body or the applicant concerned and from any person representing the organisation, the body or the applicant”;
in sub-paragraph (4)(aa), at the beginning insert “in the case of an appeal under section 5,”;
after sub-paragraph (4)(aa) insert—;
In paragraph 6—
in sub-paragraph (1)(a), after “an organisation” insert “or a body”;
in sub-paragraph (2), after “the organisation” insert “or body”;
in sub-paragraph (3), after “an organisation” insert “or a body”.
In paragraph 7—
in sub-paragraph (1), after “an organisation” insert “, a body”;
in sub-paragraph (4), after “the organisation” insert “, the body”.
After paragraph 7 insert—.
In the Criminal Justice Act 2003, in Schedule 19ZB (offences where offender not eligible for release at the end of the section 255BA automatic release period)—
in paragraph 8—
after “where foreign power” insert “or designated body”;
after “the foreign power condition” insert “or the designated body condition”;
in paragraph 9, after “power” insert “or designated body”.
In the Armed Forces Act 2006, in section 238(7) (deciding the seriousness of the offence), after “power” insert “or designated body”.
The Sentencing Code is amended as follows.
In section 69A (offences where foreign power condition met)—
in the heading, after “power” insert “or designated body”;
in subsection (3), after “condition” insert “or the designated body condition”;
for subsection (5) substitute—.
In Schedule 13 (special sentence for offenders of particular concern: offences), after paragraph 15(g) insert—.
The National Security Act 2023 is amended as follows.
In section 1 (obtaining or disclosing protected information), in subsection (1)(c)—
after “condition” insert “or the designated body condition”;
for “section 31” substitute “sections 31 and 33B”.
In section 2 (obtaining or disclosing trade secrets), in subsection (1)(d)—
after “condition” insert “or the designated body condition”;
for “section 31” substitute “sections 31 and 33B”.
In section 12 (sabotage), in subsection (1)(d)—
after “condition” insert “or the designated body condition”;
for “section 31” substitute “sections 31 and 33B”.
In section 13 (foreign interference: general)—
in subsection (1)(b), after “condition” insert “or the designated body condition”;
in subsection (2)(b), after “condition” insert “or the designated body condition”;
in subsection (3)(b), after “condition” insert “or the designated body condition”.
In section 16 (foreign interference in elections), in subsection (1)(b)—
after “condition” insert “or the designated body condition”;
for “section 31” substitute “sections 31 and 33B”.
In section 18 (preparatory conduct), in subsection (3)(b), after “condition” insert “or the designated body condition”.
Before section 19, in the cross-heading, after “power” insert “or designated body”.
In section 20 (aggravating factor where foreign power condition met: Northern Ireland)—
in the heading, after “power” insert “or designated body”;
in subsection (5), after “condition” insert “or the designated body condition”.
In section 21 (aggravating factor where foreign power condition met: Scotland)—
in the heading, after “power” insert “or designated body”;
in subsection (1), after “condition” insert “or the designated body condition”;
in subsection (4), after “condition” insert “or the designated body condition”.
In section 33 (foreign power threat activity and involvement in that activity)—
in subsection (3)—
after paragraph (a)(vii) insert—;
in paragraph (b), after “condition” insert “or the designated body condition”;
in paragraph (c), after “condition” insert “or the designated body condition”;
after subsection (4) insert—.
In section 34 (interpretation), in subsection (1), at the appropriate places insert—.
Amendments of secondary legislation
In the Criminal Justice (Northern Ireland) Order 2008 (S.I 2008/1216 (N.I.1)), in Schedule 2B (offences involving or connected with a threat to national security)—
after paragraph 3(g) insert— ;
in paragraph 4—
in the heading, after “power” insert “or designated body”;
in sub-paragraph (b), after “condition” insert “or the designated body condition”;
in paragraph 6—
in the heading, after “power” insert “or designated body”;
in sub-paragraph (b), after “power” insert “or designated body”.
In the Criminal Justice Act 2003 (Requisite and Minimum Custodial Periods) Order 2024 (S.I. 2024/844), in the Schedule (excluded offences)—
in paragraph 50—
after “the foreign power condition” insert “or the designated body condition”;
after “where foreign power” insert “or designated body”;
in paragraph 52, after “condition” insert “or the designated body condition”;
in paragraph 53—
after “the foreign power condition” insert “or the designated body condition”;
after “where foreign power” insert “or designated body”;
in paragraph 54—
after “the foreign power condition” insert “or the designated body condition”;
after “where foreign power” insert “or designated body”.