National Security Act

The National Security Act 2023 is one of the most important pieces of UK security legislation in recent decades. It modernises laws designed to protect Britain from espionage, sabotage, foreign interference and other hostile activity carried out by or for foreign states.

For many people, the phrase sounds distant from everyday life. Yet the Act affects businesses, universities, journalists, campaigners, public-sector workers and anyone who may handle sensitive information or receive money, instructions or requests connected to a foreign power. This guide explains what the National Security Act is, what it covers and who it applies to.

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What is the National Security Act 2023?

The National Security Act 2023 is an Act of the UK Parliament that replaced much of the older framework for dealing with state threats. It received Royal Assent in July 2023, and its main state-threat provisions came into force on 20 December 2023.

The legislation was introduced because the nature of hostile activity has changed. Traditional espionage still exists, but foreign states may also use cyber-attacks, disinformation, economic pressure, theft of commercial information, harassment of dissidents and attempts to influence political debate. The Act gives police and intelligence agencies clearer powers to detect, disrupt and prosecute such activity.

In simple terms, the Act focuses on conduct carried out for, on behalf of, or with the intention of benefiting a foreign power where that conduct harms or risks harming UK safety, security or interests. It does not make ordinary contact with people from other countries illegal, nor does it prevent legitimate international business, study, journalism, diplomacy or cultural exchange.

Why the UK updated its security laws

Before the National Security Act, much of the UK’s counter-espionage law was based on the Official Secrets Acts of 1911, 1920 and 1939. Those laws were written for a different era, before the internet, global supply chains, social media and modern forms of political interference became central to state activity.

The government argued that hostile states were increasingly willing to operate below the level of armed conflict, including stealing research, targeting infrastructure, spreading misleading information and intimidating people in the UK. The Act was designed to address those risks.

It updates espionage offences, creates new offences around sabotage and foreign interference, introduces a Foreign Influence Registration Scheme and gives authorities additional investigative tools.

What counts as a state threat?

A state threat is broadly an overt or covert action by a foreign government that goes beyond normal diplomacy and seeks to harm the UK, its people, institutions, economy or security. It can include activity that falls short of armed conflict but is still hostile. Examples include:

  • Espionage, such as obtaining or disclosing protected information or trade secrets for a foreign power.
  • Sabotage, including damage to property, sites, systems or data that affects UK interests or national security.
  • Foreign interference, including attempts to interfere with voting, public functions, legal processes or political decision-making.
  • Threats, harassment or violence directed at people in the UK because of their political views, work or connections.
  • Assistance to a foreign intelligence service, including providing information, access, goods, services or financial benefit.
  • Preparatory conduct that is intended to enable a state-threat offence.

The important point is context. The same action may be lawful in one situation and unlawful in another. For example, discussing politics with a foreign diplomat is not automatically a problem. But if someone is paid or directed by a foreign intelligence service to covertly influence an election, obtain protected information or harass a critic, the conduct may fall within the Act.

The main offences under the Act

The National Security Act 2023 contains a range of offences. Some of the most significant relate to espionage, sabotage, foreign interference and assistance to foreign intelligence services.

Espionage and protected information

The Act creates offences connected with obtaining, copying, recording, retaining, disclosing or providing access to protected information. It also covers obtaining or disclosing trade secrets where the conduct is connected to a foreign power.

Protected information can include material whose disclosure would be prejudicial to the safety or interests of the United Kingdom. This may affect people working in government, defence, critical national infrastructure, research or businesses with sensitive technical knowledge.

The Act also criminalises assisting a foreign intelligence service. That can include providing information, access to information, goods, services or financial benefits. It can also cover accepting a material benefit from a foreign intelligence service, including where the benefit is provided indirectly through an intermediary.

Sabotage

The sabotage offence targets damaging activity carried out for, on behalf of, or for the benefit of a foreign power. It can apply to damage to property, sites, systems or data where the damage affects UK interests or national security.

This matters because modern infrastructure is highly connected. Energy networks, transport systems, communications, water supplies, hospitals and financial services all depend on digital systems and physical assets. Sabotage does not need to involve a dramatic physical attack; interference with data or operational technology can also cause serious harm.

Foreign interference

Foreign interference is one of the most significant additions to UK law. The Act makes it an offence to engage in prohibited conduct where a foreign-power condition is met and the person intends, or is reckless about, an interference effect.

An interference effect can include interfering with a person’s Convention rights in the UK, affecting the exercise of public functions, interfering with political processes or legal processes, or prejudicing the safety or interests of the United Kingdom.

In practice, this is aimed at covert attempts to distort democratic life. It could involve manipulating political debate, interfering with elections, targeting public officials or attempting to influence decisions in ways that are not transparent and are connected to a foreign power.

The maximum penalty for the general foreign-interference offence is up to 14 years’ imprisonment, a fine, or both. Penalties depend on the offence, the circumstances and the court’s assessment of seriousness.

Preparatory conduct

The Act also covers preparatory conduct. This means that someone does not need to complete a harmful act before facing investigation or prosecution if they take steps intended to enable a state-threat offence.

For example, gathering information, acquiring equipment, making arrangements or seeking access with the intention of committing a relevant offence may be caught. The purpose is to allow authorities to intervene earlier, before damage occurs.

The Foreign Influence Registration Scheme

The Act also created the Foreign Influence Registration Scheme, known as FIRS. Its purpose is to increase transparency around foreign-power influence in UK politics and democracy.

The scheme requires registration of certain arrangements to carry out political influence activities in the UK at the direction of a foreign power. It also includes tougher registration requirements for specified foreign powers or entities that present the greatest risk to UK safety or interests.

FIRS is not intended to stop foreign governments from having embassies, engaging in public diplomacy or pursuing lawful commercial interests. Its aim is to make certain influence activity visible, so that decision-makers and the public can understand who is seeking to influence UK political life and on whose behalf.

For organisations, the practical message is straightforward: understand who your clients, partners, funders and intermediaries are. If work is being directed or funded by a foreign power, particularly in a political or influential context, it is important to consider whether registration or legal advice is required.

Who needs to be aware of the Act?

The National Security Act applies broadly. It is not limited to spies, government employees or people working in defence. It can be relevant to anyone whose conduct assists a foreign power in activity against UK interests.

Groups that should pay particular attention include:

  • Businesses with overseas clients, investors, suppliers or joint ventures.
  • Universities and research institutions handling sensitive science, technology or intellectual property.
  • Security, legal, PR and consultancy firms whose services could be useful to state actors.
  • Journalists, campaigners and political organisations that receive foreign funding or work with overseas partners.
  • Public-sector employees and contractors with access to official, infrastructure or commercially sensitive information.
  • Members of diaspora communities who may face pressure, surveillance or intimidation from overseas authorities.

The government’s guidance for security professionals stresses the importance of robust due diligence. A firm may face risk if it works for a client without establishing who the client is and whether the client is linked to a foreign power.

What this means for businesses and universities

For businesses, the Act is not only a compliance issue for large defence contractors. Smaller firms can also be targeted, particularly if they hold specialist technology, research data, customer information or access to important infrastructure.

Practical steps include knowing who you are working with, checking ownership and control of clients and partners, being cautious about unusual payment routes, protecting confidential information and training staff to recognise suspicious requests. Businesses should have a clear process for escalating concerns to senior management, legal advisers or the relevant authorities.

Universities are also attractive targets because they produce valuable research and host international partnerships. The Act does not prevent international collaboration, but institutions should consider who funds a project, who will have access to results and whether intellectual property could be transferred overseas.

Research areas with potential national-security relevance can include advanced manufacturing, artificial intelligence, semiconductors, biotechnology, quantum technology, cyber-security, aerospace and energy systems. The aim is not suspicion of international students or researchers, but proportionate safeguards where sensitive knowledge or technology could be misused.

What this means for individuals

Most people will never encounter a state-threat situation. However, there are warning signs worth knowing.

Be cautious if someone offers unusually large payments for access to information, asks you to keep a relationship secret, pressures you to provide documents or introductions, or asks you to act in ways that could affect an election, public body or legal process. Be especially careful if the request comes through an intermediary and the ultimate beneficiary is unclear.

If you are approached in a way that feels coercive, threatening or suspicious, avoid sharing sensitive information and seek advice. In an emergency, contact the police. For non-emergency concerns, organisations can seek guidance from their legal advisers, security team or relevant authorities.

How the Act affects Worcester

Worcester may not be an obvious target for international espionage, but the Act is relevant to local employers, students, community groups and public bodies.

Local firms that export goods, work with overseas partners or operate in technology, manufacturing, logistics or professional services should understand the basics of the legislation. Community organisations should also be aware that foreign interference can involve intimidation or pressure on people in the UK. Anyone who feels threatened because of their political views, nationality, faith or connections abroad should take the matter seriously and seek support.

Balancing security and civil liberties

The National Security Act is powerful legislation, and it has generated debate about how to protect national security without undermining legitimate activity, privacy or free expression. Supporters argue that the UK needs modern tools to respond to sophisticated state threats. Critics emphasise the importance of safeguards, legal certainty and proportionate enforcement.

For most readers, the practical takeaway is awareness: protect sensitive information, be transparent about legitimate foreign links and seek advice when something does not feel right.

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Frequently asked questions

What is the National Security Act 2023?

It is a UK law designed to protect the country from modern state threats, including espionage, sabotage, foreign interference and assistance to foreign intelligence services. Its main state-threat provisions came into force on 20 December 2023.

Does the National Security Act make contact with foreign nationals illegal?

No. The Act does not ban contact with foreign nationals, overseas businesses, diplomats, students or family members abroad. It focuses on conduct connected to a foreign power that harms or risks harming UK safety, security or interests.

What is the Foreign Influence Registration Scheme?

FIRS is a registration scheme created under the Act. It requires certain arrangements for political influence activity carried out at the direction of a foreign power to be registered, with additional requirements for higher-risk specified foreign powers or entities.

Can businesses be affected?

Yes. Businesses may be affected if they work with foreign clients, suppliers or investors without adequate due diligence, especially where the work could assist a foreign intelligence service or foreign-power activity against the UK.

What should I do if I am concerned about a suspicious approach?

Do not share sensitive information. Record what happened, preserve relevant messages or documents where it is safe to do so, and seek advice from your employer, legal adviser or the appropriate authority. In an emergency, contact the police.

A final word

The National Security Act 2023 reflects a changed security environment. Hostile states can pursue their aims through cyber-attacks, economic pressure, disinformation and interference as well as traditional spying. The Act gives the UK a more modern legal framework for responding to those risks.

For organisations and individuals in Worcester and across the UK, the best approach is practical: know who you are dealing with, protect sensitive information, understand your obligations and seek advice before entering arrangements that could have a foreign-power connection.

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