National Security (State Threats) Act 2026

Schedule Consequential amendments

Section 4(1) Part 1 Amendments of primary legislation Repatriation of Prisoners Act 1984 1 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. 2 In paragraph 2 (as it applies in Scotland to repatriated prisoners any of whose sentences were imposed on or after 1 October 1993)— (a) in sub-paragraph (3G)— (i) 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”; (ii) in paragraph (c)(i), for “that section” substitute “section 16 of the National Security Act 2023”; (iii) 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”; (b) in sub-paragraph (3H)— (i) 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”; (ii) in paragraph (c)(i), for “that section” substitute “section 21 of the National Security Act 2023”; (iii) 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”. 3 In paragraph 2A— (a) in sub-paragraph (4G)— (i) 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”; (ii) in paragraph (c)(i), for “that section” substitute “section 16 of the National Security Act 2023”; (iii) 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”; (b) in sub-paragraph (4H)— (i) 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”; (ii) in paragraph (c)(i), for “that section” substitute “section 21 of the National Security Act 2023”; (iii) 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”. Criminal Justice Act 1988 4 In the Criminal Justice Act 1988, in section 133(5)(h) (compensation for miscarriage of justice), after “under” insert “section 33D or”. Criminal Procedure (Scotland) Act 1995 5 In the Criminal Procedure (Scotland) Act 1995, in Part 2 of Schedule 5ZB (offences involved or connected with a threat to national security)— (a) in paragraph 11, after sub-paragraph (g) insert— (ga) section 17A (supporting a designated body); (gb) section 17B (assisting a designated body); (gc) section 17C (obtaining etc material benefits from a designated body); ; (b) in paragraph 12— (i) in the heading, after “power” insert “or designated body”; (ii) in sub-paragraph (b), after “condition” insert “or the designated body condition”; (c) in paragraph 14— (i) in the heading, after “power” insert “or designated body”; (ii) in sub-paragraph (b), after “power” insert “or designated body”. Terrorism Act 2000 6 Schedule 3 to the Terrorism Act 2000 (constitution of the Proscribed Organisations Appeal Commission and procedure) is amended as follows. 7 In paragraph 5— (a) in sub-paragraph (1)(a), at the end insert “under section 5 or under section 33D of the National Security Act 2023”; (b) in sub-paragraph (3), after “organisations” insert “and bodies”; (c) in sub-paragraph (4)(a)— (i) after “deproscribe” insert “, or for designation or refusal to remove a designation,”; (ii) 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”; (d) in sub-paragraph (4)(aa), at the beginning insert “in the case of an appeal under section 5,”; (e) after sub-paragraph (4)(aa) insert— (ab) in the case of an appeal under section 33D of the National Security Act 2023, provide for full particulars of the reasons for a refusal to remove an alternative name from a designation of a body to be withheld from the body or applicant concerned and from any person representing the body or applicant; ; (f) in sub-paragraph (4)(e), after “section 6” insert “, or under section 33E of the National Security Act 2023,”. 8 In paragraph 6— (a) in sub-paragraph (1)(a), after “an organisation” insert “or a body”; (b) in sub-paragraph (2), after “the organisation” insert “or body”; (c) in sub-paragraph (3), after “an organisation” insert “or a body”. 9 In paragraph 7— (a) in sub-paragraph (1), after “an organisation” insert “, a body”; (b) in sub-paragraph (4), after “the organisation” insert “, the body”. 10 After paragraph 7 insert— 7A In this Schedule references to a body are to a body designated under section 33A of the National Security Act 2023. . Criminal Justice Act 2003 11 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)— (a) in paragraph 8— (i) after “where foreign power” insert “or designated body”; (ii) after “the foreign power condition” insert “or the designated body condition”; (b) in paragraph 9, after “power” insert “or designated body”. Armed Forces Act 2006 12 In the Armed Forces Act 2006, in section 238(7) (deciding the seriousness of the offence), after “power” insert “or designated body”. Sentencing Code 13 (1) The Sentencing Code is amended as follows. (2) In section 69A (offences where foreign power condition met)— (a) in the heading, after “power” insert “or designated body”; (b) in subsection (3), after “condition” insert “or the designated body condition”; (c) for subsection (5) substitute— (5) Sections 31 and 33B of the National Security Act 2023 (meaning of foreign power condition and designated body condition) apply for the purposes of this section as they apply for the purposes of Part 1 of that Act. . (3) In Schedule 13 (special sentence for offenders of particular concern: offences), after paragraph 15(g) insert— (ga) section 17A (supporting a designated body); (gb) section 17B (assisting a designated body); (gc) section 17C (obtaining etc material benefits from a designated body); . National Security Act 2023 14 The National Security Act 2023 is amended as follows. 15 In section 1 (obtaining or disclosing protected information), in subsection (1)(c)— (a) after “condition” insert “or the designated body condition”; (b) for “section 31” substitute “sections 31 and 33B”. 16 In section 2 (obtaining or disclosing trade secrets), in subsection (1)(d)— (a) after “condition” insert “or the designated body condition”; (b) for “section 31” substitute “sections 31 and 33B”. 17 In section 12 (sabotage), in subsection (1)(d)— (a) after “condition” insert “or the designated body condition”; (b) for “section 31” substitute “sections 31 and 33B”. 18 In section 13 (foreign interference: general)— (a) in subsection (1)(b), after “condition” insert “or the designated body condition”; (b) in subsection (2)(b), after “condition” insert “or the designated body condition”; (c) in subsection (3)(b), after “condition” insert “or the designated body condition”. 19 In section 16 (foreign interference in elections), in subsection (1)(b)— (a) after “condition” insert “or the designated body condition”; (b) for “section 31” substitute “sections 31 and 33B”. 20 In section 18 (preparatory conduct), in subsection (3)(b), after “condition” insert “or the designated body condition”. 21 Before section 19, in the cross-heading, after “power” insert “or designated body”. 22 In section 20 (aggravating factor where foreign power condition met: Northern Ireland)— (a) in the heading, after “power” insert “or designated body”; (b) in subsection (5), after “condition” insert “or the designated body condition”. 23 In section 21 (aggravating factor where foreign power condition met: Scotland)— (a) in the heading, after “power” insert “or designated body”; (b) in subsection (1), after “condition” insert “or the designated body condition”; (c) in subsection (4), after “condition” insert “or the designated body condition”. 24 In section 33 (foreign power threat activity and involvement in that activity)— (a) in subsection (3)— (i) after paragraph (a)(vii) insert— (viii) section 17A (supporting a designated body); (ix) section 17B (assisting a designated body); (x) section 17C (obtaining etc material benefits from a designated body); ; (ii) in paragraph (b), after “condition” insert “or the designated body condition”; (iii) in paragraph (c), after “condition” insert “or the designated body condition”; (b) after subsection (4) insert— (5) For the purposes of section 33A(1)(a) (designation of bodies involved in foreign power threat activity), this section is to be read as if— (a) in subsection (3)(a), sub-paragraphs (viii) to (x) were omitted; (b) in subsection (3)(b), the words “or the designated body condition” were omitted; (c) in subsection (3)(c), the words “or the designated body condition” were omitted. . 25 In section 34 (interpretation), in subsection (1), at the appropriate places insert— “the Commission” means the Proscribed Organisations Appeal Commission established under section 5(1) of the Terrorism Act 2000; “designated body” has the meaning given by section 33A(3); “the designated body condition” has the meaning given by section 33B; “designation” means a designation under section 33A; . Part 2 Amendments of secondary legislation Criminal Justice (Northern Ireland) Order 2008 (S.I 2008/1216 (N.I.1)) 26 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)— (a) after paragraph 3(g) insert— (ga) section 17A (supporting a designated body); (gb) section 17B (assisting a designated body); (gc) section 17C (obtaining etc material benefits from a designated body); ; (b) in paragraph 4— (i) in the heading, after “power” insert “or designated body”; (ii) in sub-paragraph (b), after “condition” insert “or the designated body condition”; (c) in paragraph 6— (i) in the heading, after “power” insert “or designated body”; (ii) in sub-paragraph (b), after “power” insert “or designated body”. Criminal Justice Act 2003 (Requisite and Minimum Custodial Periods) Order 2024 (S.I. 2024/844) 27 In the Criminal Justice Act 2003 (Requisite and Minimum Custodial Periods) Order 2024 (S.I. 2024/844), in the Schedule (excluded offences)— (a) in paragraph 50— (i) after “the foreign power condition” insert “or the designated body condition”; (ii) after “where foreign power” insert “or designated body”; (b) in paragraph 52, after “condition” insert “or the designated body condition”; (c) in paragraph 53— (i) after “the foreign power condition” insert “or the designated body condition”; (ii) after “where foreign power” insert “or designated body”; (d) in paragraph 54— (i) after “the foreign power condition” insert “or the designated body condition”; (ii) after “where foreign power” insert “or designated body”.