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.
Espionage 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. The new offence of assisting a foreign intelligence service is committed where a person engages in conduct which is intended to or may materially assist a foreign intelligence service in carrying out UK-related activities. This offence was created to reduce the ability of foreign intelligence agencies to carry out hostile activities against the UK, extending beyond traditional espionage activity. An example is given of "a person taking photographs of staff members as they enter or leave a prohibited place would commit the offence if they did so with a purpose that they knew, or ought reasonably to know, is prejudicial to the safety or interests of the United Kingdom". As originally introduced, the bill did not include places owned, controlled or used for the functions of the
Security Service,
Secret Intelligence Service or
GCHQ in the set of prohibited places. These were added when the bill was amended in the Public Bill Committee. The
Secretary of State has the power to designate additional sites as prohibited places through secondary legislation. This power has been used to designate places connected to the civil nuclear industry (including ships used to carry nuclear material) as additional prohibited places.
Sabotage The act introduces a new offence of
sabotage conducted for, or intended to benefit a foreign power, resulting in damage (including temporary damage) to any asset (tangible or intangible, including data and electronic systems) which is prejudicial to UK interests. It is intended to be a bespoke, modern offence to tackle state sponsored sabotage conducted against the UK. The offence carries a sentence of life imprisonment.
Foreign interference The new offence of foreign interference aims to "create a more challenging operating environment for, and to deter and disrupt the activities of, foreign states who seek to undermine UK interests, our institutions, political system, or our rights, and ultimately prejudice our national security". Three conditions which must all be met in order for the prosecution to be successful are: • the accused person's conduct must be towards a certain goal; • the conduct must be in some way illegitimate, for example coercive behaviour; • the conduct must meet the "foreign power condition". Activities "carried out for, or on behalf of, or intended to benefit, a foreign power" fall under this rubric. Foreign interference "is intended to sow discord, manipulate public discourse, discredit the political system, bias the development of policy, and undermine the safety or interests of the UK." There are also provisions targeting foreign interference in elections by increasing penalties for existing electoral offences when foreign interference is involved. The foreign interference offence carries a maximum sentence of 14 years.
Preparatory conduct This is an offence which is committed when an individual engages in conduct in preparation for the commission of offences certain under other sections of the act – including the offences covering protected information, trade secrets, prohibited places or sabotage – plus other conduct intended to benefit a foreign state which involve serious violence, endangerment of life or serious risk to the public. Preparatory acts include where another person will commit the act itself. A Home Office policy paper describes a military contractor with security clearance researching foreign diplomats in London, with the intention of sharing sensitive information in exchange for money, as a hypothetical example of a preparatory conduct offence. == Provisions ==