The National Security Act
The National Security Act (the Act) introduces new measures to modernise counter-espionage laws and address the evolving state threat to national security. With the new legislation, the UK is now a harder target for those states which seek to conduct hostile acts against the UK, including espionage, interference in our political system, sabotage and assassination.
Full details of the Act, including definitions of the offences references above, can be found on GOV.uk
National Security Bill 2023 Factsheets
National Security Act 2023 Legislation
NPSA recommends that organisations take the following steps in relation to this Act;
- Review your protective security risk register, or equivalent, to ensure National Security risks covered by the Act are included.
- Include a briefing on the relevant sections of the National Security Act for your site as part of site security induction and refresher training.
- Review existing NPSA guidance on key threats covered by the act.
Prohibited Places
The Act has created a new regime to capture harmful activity in and around sites designated as Prohibited Places, the UK’s most sensitive sites that are likely to be the target of state threat activity. Certain sites are defined as prohibited places on the face of the legislation, including Crown land used for UK defence purposes
In addition, the Secretary of State has the power to designate further sites and vehicles as prohibited places through secondary legislation. The Secretary of State must reasonably consider that designation is necessary to protect the safety or interests of the United Kingdom. For further information, please contact your lead government department.
The Act includes new offences and police powers to deter and prosecute harmful activity in and around prohibited places.
There is no requirement for a site to advertise that it is a Prohibited Place; there will be occasions where anonymity provides security benefits. However, where there is an intention to prosecute, in some circumstances signage can be useful in proving a person’s knowledge about the fact that a site was a Prohibited Place. Where signage is used, an approved template is available to download.
Sites that are Prohibited Places should include this fact in their policies and procedures. Should an incident occur, police first responders will need to be informed that the site is a Prohibited Place as this provides them with additional powers.
There may be situations where security staff wish to use the deterrence factor of the Act, for example where individuals are undertaking hostile reconnaissance, or an independent security auditor. Under these circumstances, a two-stage challenge may be appropriate:
- Advise them that the site is a prohibited place
- Reinforce that this means the site has specific protections and that specific offences apply under the National Security Act in relation to certain activity in respect of the site
If this is incorporated into procedures, legal guidance should be sought, and a fully documented policy provided.
NPSA will continue to develop guidance to support organisations with their protective security strategy. Understanding the implications of relevant, new legislation is crucial to keeping your sites safe. Effective implementation of appropriate steps will help deter hostile acts.