The National Security Act 2023 (Foreign Activities and Foreign Influence Registration Scheme: Publication) Regulations 2025

Draft Regulations laid before Parliament under section 96(5) and (6)(d) of the National Security Act 2023, for approval by resolution of each House of Parliament.

Draft Statutory Instruments

2025 No. ****

National Security

The National Security Act 2023 (Foreign Activities and Foreign Influence Registration Scheme: Publication) Regulations 2025

Made

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Coming into force in accordance with regulation 1(2)

The Secretary of State makes these Regulations in exercise of the powers conferred by sections 79(1)(a) and 96(1) of the National Security Act 2023(1) (“the Act”).

In accordance with section 96(5) and (6)(d) of the Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

Citation, commencement and extent

1.—(1) These Regulations may be cited as the National Security Act 2023 (Foreign Activities and Foreign Influence Registration Scheme: Publication) Regulations 2025.

(2) They come into force when Part 4 of the Act comes fully into force.

(3) They extend to England and Wales, Scotland and Northern Ireland.

Interpretation

2.  In these Regulations—

the Act” means the National Security Act 2023;

the 2025 Information Regulations” means the National Security Act 2023 (Foreign Activities and Foreign Influence Registration Scheme: Information and Disclosure) Regulations 2025(2);

P” has the meaning given—

(a)

in section 65(1) of the Act, in relation to registrations under section 65(4) of the Act (foreign activity arrangements);

(b)

in section 69(1) of the Act, in relation to registrations under section 69(3) of the Act (foreign influence arrangements).

Duty to publish

3.—(1) The Secretary of State must publish on a publicly available website the information referred to in paragraphs (2) and (3), subject to regulation 6 (which contains exceptions).

(2) The information is—

(a)in relation to a political influence activities registration under section 65(4) of the Act (foreign activity arrangements), the information identified in Schedule 1 provided at the time of registration;

(b)in relation to a political influence activities registration under section 68(1) to (3) of the Act (registrable activities of specified persons), the information identified in Schedule 2 provided at the time of registration;

(c)in relation to a registration under section 69(3) of the Act (foreign influence arrangements), the information identified in Schedule 3 provided at the time of registration;

(d)in relation to a registration under section 72(1) of the Act (political influence activities of foreign powers: misrepresentation), the information identified in Schedule 4 provided at the time of registration.

(3) The information is information in relation to a registration mentioned in paragraph (2) and identified in the Schedule concerned—

(a)notified to the Secretary of State as a material change under section 74(5) of the Act, or

(b)supplied to the Secretary of State in response to an information notice given under section 75(1) of the Act.

(4) A registration is a “political influence activities registration” for the purposes of sub-paragraph (a) or (b) of paragraph (2) if the relevant activities(3) are, or include, political influence activities(4).

(5) The information required to be published by paragraph (1) must continue to be published until the earlier of the following—

(a)regulation 5(1) (concerning the cessation of publication) applies, or

(b)an exception arises to publication under regulation 6 which did not apply at the time of publication.

Timing of publication

4.  Where information is required to be published in accordance with regulation 3, publication must take place as soon as practicable after the day on which the registration in question is received, allowing for such time as is necessary for the Secretary of State to consider whether an exception applies under regulation 6.

Cessation of publication

5.—(1) The Secretary of State must cease to publish information published in accordance with regulation 3(1) at the end of the period of ten years beginning with the relevant starting day.

(2) The relevant starting day—

(a)in the case of continuing arrangements with an anticipated end date, is the first day after—

(i)the anticipated end date, or

(ii)if a change to that date is notified as a material change in accordance with section 74(5) of the Act or in response to an information notice under section 75 of the Act, the new date,

(b)in the case of indefinite continuing arrangements, is the first day after the day on which the Secretary of State is notified that the arrangements have ceased, or

(c)otherwise, is the first day after the date on which the registration was received.

(3) In paragraph (2)—

(a)continuing arrangements with an anticipated end date” means arrangements or activities where, in relation to a registration under the provision of the Act mentioned in the first column of the following table, a statement has been made by virtue of the provision of the 2025 Information Regulations mentioned in the second column—

Provision of Act (relating to type of registration)Provision of 2025 Information Regulations
Section 65(4)Schedule 2, paragraph 7(a)
Section 68(1), (2) or (3)Schedule 3, paragraph 4(a)
Section 69(3)Schedule 4, paragraph 7(c)(ii)
Section 72(1)Schedule 5, paragraph 5(a)

(b)indefinite continuing arrangements” means arrangements or activities where, in relation to a registration under the provision of the Act mentioned in the first column of the following table, a statement has been made by virtue of the provision of the 2025 Information Regulations mentioned in the second column—

Provision of the Act (relating to the type of registration)Provision of 2025 Information Regulations
Section 65(4)Schedule 2, paragraph 7(b)
Section 68(1), (2) or (3)Schedule 3, paragraph 4(b)
Section 69(3)Schedule 4, paragraph 7(c)(iii)
Section 72(1)Schedule 5, paragraph 5(b)

(4) In paragraph (2)(a)(i), the “anticipated end date” means the date given in the statement referred to in paragraph (3)(a) and, if more than one date is given, it is the latest of the dates.

(5) A continuing arrangement with an anticipated end date is to be treated as an indefinite continuing arrangement in determining the relevant starting day for the purposes of paragraph (1) where a type 1 notification is given.

(6) In paragraph (5), a “type 1 notification” is a notification to the Secretary of State that the arrangements or activities in question will continue indefinitely, given—

(a)under section 74(5) of the Act (material change), or

(b)in response to an information notice under section 75 of the Act.

(7) An indefinite continuing arrangement is to be treated as a continuing arrangement with an anticipated end date in determining the relevant starting day for the purposes of paragraph (1) where a type 2 notification is given.

(8) In paragraph (7), a “type 2 notification” is a notification to the Secretary of State that the arrangements or activities in question have come to an end or are anticipated to come to an end on a date specified in the notification, given—

(a)under section 74(5) of the Act (material change), or

(b)in response to an information notice under section 75 of the Act.

Exceptions giving rise to duty not to publish or to continue to publish

6.—(1) The Secretary of State must not publish or continue to publish any information which would otherwise be required to be published by regulation 3(1) where any of the following grounds apply.

(2) Ground 1 is that there is a risk that publication would be prejudicial to the safety or interests of the United Kingdom.

(3) Ground 2 is that there is a risk that publication would be prejudicial to—

(a)the prevention or detection of crime,

(b)a criminal investigation, or

(c)criminal proceedings.

(4) Ground 3 is that a person has provided evidence to the Secretary of State that there is a significant risk that publication would put any individual’s safety at risk of serious harm.

(5) Ground 4 is that the information is commercially sensitive.

(6) For the purpose of paragraph (5), information is commercially sensitive if a person has provided evidence to the Secretary of State that—

(a)the information is confidential, and

(b)publication of the information is highly likely seriously to prejudice the commercial interests of any person.

(7) For the purpose of paragraph (6)(b), harm to a person’s reputation solely by virtue of being associated with a registration published under regulation 3(1) is not to be treated as highly likely seriously to prejudice the commercial interests of that person.

Name

Minister of State

Home Office

Date

Regulation 3(2)(a)

SCHEDULE 1Information to be published: registrations of foreign activity arrangements (section 65(4) of the Act)

1.  In relation to P—

(a)where P is an individual—

(i)P’s full name;

(ii)P’s year of birth;

(iii)in relation to P’s residential address provided in accordance with paragraph 7 of Schedule 1 to the 2025 Information Regulations, the name of the place (for example, the town, city, province or region) and country or territory in which it is located;

(b)where P is a body corporate, the information identified in Schedule 1 to the 2025 Information Regulations, paragraphs 9, 10 and 12 to 14;

(c)where P is an unincorporated association, the information identified in Schedule 1 to the 2025 Information Regulations, paragraphs 17, 18, 20 and 21.

2.  In relation to the specified person(5) who has directed P, the name of the specified person.

3.—(1) This paragraph applies only in relation to relevant activities that are political influence activities.

(2) The information identified in the following provisions of Schedule 2 to the 2025 Information Regulations—

(a)Part 1, apart from paragraph 4;

(b)paragraphs 8 to 10 (as applicable),

(c)paragraph 11, apart from sub-paragraph (a)(iv).

(3) But the reference in sub-paragraph (2)(b)—

(a)to paragraph 8 does not include, in paragraph 8(a)(i), the name of the person;

(b)to paragraph 10 does not include sub-paragraph (c)(i) (the name of the person).

Regulation 3(2)(b)

SCHEDULE 2Information to be published: registrable activities of specified persons (section 68 of the Act)

1.  In relation to the specified person—

(a)where the specified person is a foreign power, the name of the foreign power;

(b)where the specified person is a body corporate, the information identified in Schedule 1 to the 2025 Information Regulations, paragraphs 9, 10 and 12 to 14;

(c)where the specified person is an unincorporated association, the information identified in Schedule 1 to the 2025 Information Regulations, paragraphs 17, 18, 20 and 21.

2.—(1) This paragraph applies only in relation to relevant activities that are political influence activities.

(2) The information identified in the following provisions of Schedule 3 to the 2025 Information Regulations—

(a)Part 1;

(b)paragraphs 5 to 7.

(3) But the reference in sub-paragraph (2)(b)—

(a)to paragraph 5 does not include, in paragraph 5(a)(i), the name of the person;

(b)to paragraph 7 does not include sub-paragraph (c)(i) (the name of the person).

3.—(1) This paragraph applies only in relation to—

(a)a registration under section 68(3) of the Act (registrations relating to specified persons who are foreign powers, where office-holder, etc., of foreign power makes misrepresentation), and

(b)relevant activities that are political influence activities.

(2) In relation to the person who is to make the misrepresentation (see 2025 Information Regulations, Schedule 3, paragraph 8)—

(a)the person’s full name;

(b)the person’s year of birth;

(c)in relation to the person’s residential address provided in accordance with paragraph 8 of Schedule 3 to the 2025 Information Regulations, the name of the place (for example, the town, city, province or region) and country or territory in which it is located.

(3) The information identified in paragraphs 9 to 13 of Schedule 3 to the 2025 Information Regulations.

(4) But the reference in sub-paragraph (3) to paragraph 10 does not include the name of any person.

Regulation 3(2)(c)

SCHEDULE 3Information to be published: registrations of foreign influence arrangements (section 69(3) of the Act)

1.  In relation to P—

(a)where P is an individual—

(i)P’s full name;

(ii)P’s year of birth;

(iii)in relation to P’s residential address provided in accordance with paragraph 7 of Schedule 1 to the 2025 Information Regulations, the name of the place (for example, the town, city, province or region) and country or territory in which it is located;

(b)where P is a body corporate, the information identified in Schedule 1 to the 2025 Information Regulations, paragraphs 9, 10 and 12 to 14;

(c)where P is an unincorporated association, the information identified in Schedule 1 to the 2025 Information Regulations, paragraphs 17, 18, 20 and 21.

2.  In relation to the foreign power who has directed P, the name of the foreign power.

3.—(1) The information identified in the following paragraphs of Schedule 4 to the 2025 Information Regulations—

(a)paragraphs 1, 2, 6 and 7, and

(b)paragraphs 3 to 5 (as applicable).

(2) But the reference in—

(a)sub-paragraph (1)(a) to paragraph 6 does not include paragraph (a)(iv);

(b)sub-paragraph (1)(b)—

(i)to paragraph 3 does not include, in paragraph 3(a)(i), the name of the person;

(ii)to paragraph 5 does not include sub-paragraph (c)(i) (the name of the person).

Regulation 3(2)(d)

SCHEDULE 4Information to be published: registrations by foreign powers of political influence where office-holders, etc., make misrepresentations (section 72(1) of the Act)

1.  The name of the foreign power.

2.—(1) The information identified in the following paragraphs of Schedule 5 to the 2025 Information Regulations—

(a)paragraphs 2 to 5,

(b)paragraphs 6 to 8 (as applicable), and

(c)paragraphs 10 to 14.

(2) But the reference in sub-paragraph (1)—

(a)to paragraph 6 does not include, in paragraph 6(a)(i), the name of the person;

(b)to paragraph 8 does not include, in paragraph 8(c)(i), the name of the person;

(c)to paragraph 11 does not include the name of any person.

3.  In relation to the person who is to make the misrepresentation (see 2025 Information Regulations, Schedule 5, paragraph 9)—

(a)the person’s full name;

(b)the person’s year of birth;

(c)in relation to the person’s residential address provided in accordance with paragraph 9 of Schedule 5 to the 2025 Information Regulations, the name of the place (for example, the town, city, province or region) and country or territory in which it is located.

EXPLANATORY NOTE

(This note is not part of the Regulations)

Part 4 of the National Security Act 2023 (c. 32) contains the foreign activities and foreign influence registration scheme. Four categories of activities or arrangements are required to be registered with the Secretary of State under the scheme:

(1) foreign activity arrangements (section 65),

(2) certain activities of persons specified in relation to the regime (section 68),

(3) foreign influence arrangements (section 69), and

(4) certain political influence activities of foreign powers where there is misrepresentation (section 72).

The National Security Act 2023 (Foreign Activities and Foreign Influence Registration Scheme: Information and Disclosure) Regulations 2025 (S.I. 2025/408) set out the information that must be registered.

These Regulations require some, but not all, of that information to be published (regulation 3 of, and the Schedules to, these Regulations), subject to the exceptions provided in regulation 6. Publication is only required in relation to registrations under sections 65 and 68 of the Act where the activities in question consist of political influence activities, as defined in section 70.

Regulation 4 requires publication to take place as soon as practicable.

Publication must cease within ten years of a date linked to the date at which the arrangements or activities come to an end (regulation 5).

Regulation 6 provides exceptions to the duty to publish, or to continue to publish, on various public interest grounds.

A full impact assessment of the effect that the scheme will have on the costs of business, the voluntary sector and the public sector was published in relation to the National Security Act 2023 and is available on www.gov.uk(6) or by writing to the State Threats Unit, Homeland Security Group, Home Office, 2 Marsham Street SW1P 4DF.

(3)

“Relevant activities” are defined in section 65(2) and 68(4) of the Act.

(4)

See section 70 of the Act.

(5)

“Specified person” is defined in section 66 of the Act.