The National Security Act 2023 (Commencement No. 2) Regulations 2025
These regulations, the second set under the National Security Act 2023, bring into effect Part 4 of that Act, specifically the foreign activities and foreign influence registration scheme.
This scheme starts on July 1st, 2025, and applies across England, Wales, Scotland, and Northern Ireland.
The regulations cite the power conferred by section 100(1) of the 2023 Act and provide for detailed commencement information.
An impact assessment is available online and in hard copy.
Arguments For
Enhanced National Security: The implementation of the foreign activities and foreign influence registration scheme strengthens national security by increasing transparency and accountability of foreign actors' activities within the UK.
Protection Against Foreign Interference: The scheme aims to mitigate risks associated with foreign interference in UK political processes, economy, and society, safeguarding national interests.
Improved Transparency and Oversight: The registration requirement provides greater visibility of foreign influence, allowing for more effective monitoring and response by government bodies. This allows authorities to better understand and address potential threats.
Consistent with International Practices: Establishing such a register aligns the UK with similar initiatives in other countries, promoting an international standard against malign foreign activities.
Arguments Against
Burden on Businesses and Organizations: The registration process and compliance requirements may impose significant administrative burdens and costs on legitimate businesses and organizations with foreign connections.
Potential for Chilling Effect: The scheme might discourage legitimate foreign investment and collaboration, hindering economic growth and international partnerships by creating a climate of uncertainty.
Lack of Clarity and Enforcement: The practical application of the registration scheme and its enforcement mechanisms could face challenges, potentially leading to inconsistent implementation and enforcement.
Data Privacy Concerns: The collection and use of personal data under the scheme may raise concerns about data privacy and protection.
- Citation and extent (1) These Regulations may be cited as the National Security Act 2023 (Commencement No. 2) Regulations 2025. (2) These Regulations extend to England and Wales, Scotland and Northern Ireland.
This section establishes the official title of the regulations as the "National Security Act 2023 (Commencement No. 2) Regulations 2025." It also clarifies the geographical scope of the regulations, confirming their applicability across all four countries of the UK.
- Part 4 of the National Security Act 2023 Part 4 of the National Security Act 2023 (foreign activities and foreign influence registration scheme) comes into force on 1st July 2025.
This section specifies that Part 4 of the National Security Act 2023, concerning the foreign activities and foreign influence registration scheme, will become effective on July 1, 2025.
Explanatory Note (This note is not part of the Regulations) These Regulations are the second set of commencement regulations under the National Security Act 2023 (c. 32) (“the 2023 Act”). Regulation 2 brings the last remaining provisions of the 2023 Act, relating to the foreign activities and foreign influence registration scheme, into force on 1st July 2025. An impact assessment was produced for the 2023 Act, and is available on www.legislation.gov.uk. Hard copies of the impact assessment may be obtained by writing to the State Threats Unit, Homeland Security Group, Home Office, 2 Marsham Street SW1P 4DF.
The explanatory note clarifies that these regulations are the second set implementing the National Security Act 2023.
It highlights that Regulation 2 activates the final provisions of the act - the foreign activities and foreign influence registration scheme and states that an impact assessment is available online and through the Home Office.
NOTE AS TO EARLIER COMMENCEMENT Regulations (This note is not part of the Regulations) The following provisions of the National Security Act 2023 have been brought into force by commencement Regulations made before the date of these Regulations.
| Provision | Date of Commencement | S.I. No. | |---|---|---| | Part 1 | 20th December 2023 | S.I. 2023/1272 | | Part 2 | 20th December 2023 | S.I. 2023/1272 | | Part 3 | 20th December 2023 | S.I. 2023/1272 | | Section 92 and Schedule 17 | 20th December 2023 | S.I. 2023/1272 | | Section 93 | 20th December 2023 | S.I. 2023/1272 | | Section 94 and Schedule 18 | 20th December 2023 | S.I. 2023/1272 |
This note lists the parts and sections of the National Security Act 2023 that were previously enacted under earlier commencement regulations, indicating that these regulations deal with the remaining parts of the Act.
It provides the date of commencement and relevant Statutory Instrument numbers for reference.