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National Security Act 2023

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Change 1

What to do with it
As published

71 Offence of carrying out etc political influence activities pursuant to unregistered foreign influence arrangement

(1) This section applies where a person (“P”) makes a foreign influence arrangement required to be registered under section 69(3). (2) P commits an offence if— (a) after the end of the registration period P carries out a political influence activity, or arranges for a political influence activity to be carried out, in the United Kingdom pursuant to the arrangement, (b) the arrangement is not registered, and (c) P knows, or having regard to other matters known to them ought reasonably to know, that they are acting pursuant to a foreign influence arrangement. (3) A person other than P commits an offence if— (a) after the end of the registration period the person carries out a political influence activity, or arranges for a political influence activity to be carried out, in the United Kingdom pursuant to the arrangement, (b) the arrangement is not registered, and (c) the person knows, or having regard to other matters known to them ought reasonably to know, that they are acting pursuant to a foreign influence arrangement. (4) In this section the “registration period” means the period before the end of which P must register the arrangement (see section 69(3) and (4)). (5) In proceedings for an offence under subsection (3) it is a defence to show that the person— (a) took all steps reasonably practicable to determine whether the arrangement was registered, and (b) reasonably believed that the arrangement was registered. (6) A person is taken to have shown a matter mentioned in subsection (5) if— (a) sufficient evidence of the matter is adduced to raise an issue with respect to it, and (b) the contrary is not proved beyond reasonable doubt.

Your change, as a redline

71 Offence of carrying out etc political influence activities pursuant to unregistered foreign influence arrangement

(1) This section applies where a person (“P”) makes a foreign influence arrangement required to be registered under section 69(3). (2) P commits an offence if— (a) after the end of the registration period P carries out a political influence activity, or arranges for a political influence activity to be carried out, in the United Kingdom pursuant to the arrangement, (b) the arrangement is not registered, and (c) P knows, or having regard to other matters known to them ought reasonably to know, that they are acting pursuant to a foreign influence arrangement. (3) A person other than P commits an offence if— (a) after the end of the registration period the person carries out a political influence activity, or arranges for a political influence activity to be carried out, in the United Kingdom pursuant to the arrangement, (b) the arrangement is not registered, and (c) the person knows, or having regard to other matters known to them ought reasonably to know, that they are acting pursuant to a foreign influence arrangement. (4) In this section the “registration period” means the period before the end of which P must register the arrangement (see section 69(3) and (4)). (5) In proceedings for an offence under subsection (3) it is a defence to show that the person— (a) took all steps reasonably practicable to determine whether the arrangement was registered, and (b) reasonably believed that the arrangement was registered. (6) A person is taken to have shown a matter mentioned in subsection (5) if— (a) sufficient evidence of the matter is adduced to raise an issue with respect to it, and (b) the contrary is not proved beyond reasonable doubt.

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