The National Security (State Threats) Act 2026 explained

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What is the National Security (State Threats) Act 2026?

The National Security (State Threat) Act 2026 is a targeted legal framework that creates a proscription-like regime for “designated bodies” involved in foreign power threat activity. It adds a designation mechanism and associated offences, and it incorporates that mechanism into the existing framework provided by the National Security Act 2023. In this article, Gherson’s International Protection team explores the National Security (State Threat) Act 2026 and what the legislative changes mean for those who may be accused in the UK.

What does the National Security (State Threats) Act 2026 change?

The core provision of the National Security (State Threats) Act 2026 is a new power for the Secretary of State to designate bodies involved in foreign power threat activity.

This comes against a backdrop of increasing hostility from state-backed groups: in 2025, the Director General of MI5 said that the UK had seen a 35-percent increase in state threat activity from the previous year.

Once a body has been designated, the Act establishes three strict-liability and intent-based criminal offences carrying maximum penalties of 14 years’ imprisonment, a fine or both. The three offences are as follows:

Supporting a designated body: Criminalises expressing explicit support for, or glorifying the activities of, a designated entity.[1]

Assisting a designated body: Penalises any active conduct intended to materially assist, facilitate or further the operational aims of a designated proxy group within the jurisdiction.[2]

Obtaining or accepting material benefits: The Act outlaws soliciting, accepting or retaining financial or material benefits originating from a designated body.

The regime is aimed at state-sponsored or state-linked activity.

For espionage, sabotage and foreign interference, the Act’s practical significance is that conduct undertaken for, on behalf of or with the intention of benefitting a designated body, may also engage offences under the National Security Act 2023.

How do the changes to the National Security (State Threats) Act 2026 impact investigatory and enforcement powers?

The Act’s principal enforcement mechanism is designation: once a body is designated, support, assistance and material benefit offences become available to investigators and prosecutors. This provides law enforcement and intelligence agencies with a preventative disruption tool directed at foreign state-linked networks, rather than requiring proof of a completed espionage, sabotage or foreign interference offence in every case.[3]

Prior to the Act, prosecutors building a case under state-threat legislation had to prove a direct link to a foreign power in every individual prosecution. Under the 2026 Act, once an organisation is designated, its connection to a foreign state is a matter of statutory fact, allowing law enforcement to target individual operatives simply by proving their association with the designated body.

Safeguards and oversight mechanisms

The Act includes a removal mechanism: section 3 is headed “Removal of designation”, and there is a process for applying to remove a designation and for associated convictions to be declared null and void.

The designation regime raises serious potential for abuse by the Government given that it criminalises support, assistance and material benefit in relation to a designated body, even where the underlying conduct may overlap with political expression, journalism, research, humanitarian engagement or community activity.

What are the implications for legal practitioners?

For legal practitioners, the Act creates a new class of serious national security offences, with maximum sentences up to 14 years for the designation-linked offences. Advisers will need to analyse whether alleged conduct amounts to “support”, “assistance” or “material benefit”, and whether any National Security offence is also engaged.

The Act also gives rise to a need for lawyers working in sanctions or sanctions-adjacent sectors to evaluate how ordinary commercial activity may become criminally sensitive once a counterparty is designated.

What concerns do the changes raise?

The introduction of the Act comes at a time where hostile state activity is on the rise. However, the sweeping powers conferred on a single minister, with limited checks and balances which criminalises activity defined by very broadly constructed language, raise serious concerns.

There is particular concern that journalists, diplomats, humanitarian workers and NGOs could inadvertently been caught by the new provisions, particularly when working in complex foreign environments and working with foreign sources.

The Gherson Perspective

The Islamic Revolutionary Guard Corps (IRGC), the Islamic Movement of Companions of the Right (IMCR) and Russia’s GRU Volunteer Corps have become the first bodies to be designated under the new powers. While these designations were widely anticipated given the media coverage that these state-proxy groups have attracted, it remains to be seen how broadly the three offences will be applied and who could be targeted by the new measures.

Conclusion

The National Security (State Threats) Act 2026 marks a decisive shift in how the UK combats state-sponsored proxy operations. By adapting the traditional counter-terrorism proscription model for state threats, the Act removes significant evidentiary hurdles for the Crown Prosecution Service, allowing for faster disruption of deniable foreign frameworks.

For legal practitioners, the statue introduces strict liability risks and a heightened standard of corporate due diligence. Success in defending clients or challenging executive actions under this Act will depend on a sophisticated understanding of the statutory defences and a mastery of complex closed material public law proceedings.

Frequently Asked Questions

What is the practical difference between an organisation being “designated” under this Act versus “proscribed” under terrorism laws?

Proscription requires the Home Secretary to believe an organisation is concerned with terrorism.

Designation targets bodies acting as covert proxies, front companies or volunteer corps for hostile foreign states, even if their activities do not meet the strict statutory definition of terrorism.

Can a commercial client be prosecuted if they unknowingly do business with a designated organisation’s front company?

Yes, there is significant risk of prosecution under “obtaining or accepting material benefits” or “assisting” offences if adequate due diligence is not performed.

How can a client challenge their inclusion or their organisation’s designation under the Act?

An organisation or an affected individual must apply directly to the Home Secretary for de-classification or de-designation. They are also entitled to a right of appeal if the Home Secretary refuses the application.

Does the ‘reasonable excuse’ defence fully protect investigative journalists and academic researchers?

The defence provides robust protection, but it is not an absolute immunity.

How can Gherson Assist

Gherson LLP have considerable experience in complex national security matters for clients. Our work from 2014, but particularly since 2022, representing sanctioned individuals and entities, has given the firm a unique insight into navigating geopolitical issues within a UK law framework.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

©Gherson 2026

[1] National Security (State Threats) Act 2026

[2] National Security (State Threats) Act 2026

[3] National Security (State Threats) Bill 2026: overarching factsheet