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National Security Act 2023
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National Security Act 2023
The National Security Act 2023 (c. 32) is an act of the Parliament of the United Kingdom which introduced new measures intended to strengthen United Kingdom national security against espionage, interference in the political system, sabotage, and assassination.
In a press release, the government stated that "The new powers will help ensure that the UK remains the hardest operating environment for malign activity undertaken by foreign actors", quoting MI5 Director General, Ken McCallum as saying "The National Security Act is a game changing update to our powers. We now have a modern set of laws to tackle today’s threats."
The core measures put in place by the act came into force on 20 December 2023 and were described at the time as "the most significant reform of espionage law in a century".
The act repeals and replaces the Official Secrets Act 1911, Official Secrets Act 1920 and Official Secrets Act 1939.
The act introduces new offences relating to espionage, prohibited places, sabotage, foreign interference, obtaining benefit from foreign intelligence services, and new powers of arrest and detention and search and seizure. It also introduces a Foreign Influence Registration Scheme requiring the registration of arrangements for political influence activities in the UK directed by a foreign power.
The act contains three offences relating to espionage: obtaining or disclosing protected information, obtaining or disclosing trade secrets, and assisting a foreign intelligence service.
The offence of obtaining or disclosing protected information replaces provisions in prior Official Secrets Acts, and increases the maximum sentence to life imprisonment from 14 years previously. The Ministry of Defence stated that former UK Armed Forces personnel training foreign militaries was an example of conduct which could involve "disclosing protected information" and would therefore constitute an offence under this section.
The new offence of obtaining or disclosing trade secrets relates to the disclosure to a foreign power of a UK trade secret (defined in s.2(2)). The maximum penalty is a term of imprisonment not exceeding 14 years and/or a fine.
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National Security Act 2023
The National Security Act 2023 (c. 32) is an act of the Parliament of the United Kingdom which introduced new measures intended to strengthen United Kingdom national security against espionage, interference in the political system, sabotage, and assassination.
In a press release, the government stated that "The new powers will help ensure that the UK remains the hardest operating environment for malign activity undertaken by foreign actors", quoting MI5 Director General, Ken McCallum as saying "The National Security Act is a game changing update to our powers. We now have a modern set of laws to tackle today’s threats."
The core measures put in place by the act came into force on 20 December 2023 and were described at the time as "the most significant reform of espionage law in a century".
The act repeals and replaces the Official Secrets Act 1911, Official Secrets Act 1920 and Official Secrets Act 1939.
The act introduces new offences relating to espionage, prohibited places, sabotage, foreign interference, obtaining benefit from foreign intelligence services, and new powers of arrest and detention and search and seizure. It also introduces a Foreign Influence Registration Scheme requiring the registration of arrangements for political influence activities in the UK directed by a foreign power.
The act contains three offences relating to espionage: obtaining or disclosing protected information, obtaining or disclosing trade secrets, and assisting a foreign intelligence service.
The offence of obtaining or disclosing protected information replaces provisions in prior Official Secrets Acts, and increases the maximum sentence to life imprisonment from 14 years previously. The Ministry of Defence stated that former UK Armed Forces personnel training foreign militaries was an example of conduct which could involve "disclosing protected information" and would therefore constitute an offence under this section.
The new offence of obtaining or disclosing trade secrets relates to the disclosure to a foreign power of a UK trade secret (defined in s.2(2)). The maximum penalty is a term of imprisonment not exceeding 14 years and/or a fine.
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