REF ID:A39901 

[10 & 11 GEO. p.] Official Secrets Act, 1920. [CH. 75.] 

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CHAPTER 75. 

An Act to amend the Official Secrets Act, 1911. A.D. 1920. 

[23rd December 1920.J 

BE it enacted by the King's most Excellent Majesty, 

by and with the advice and consent of the Lords 

Spiritual and Temporal, and Commons, in this present 

Parliament assembled, and by the· authority of the same, 

as follows: 

1. If any person for the purpose of gaining admission, 

or of assisting any other person to gain admission, to a 

prohibited place, within the meaning of the Official 

Secrets Act, 1911 (hereinafter referred to as " the 

principal Act"), or for any other purpose prejudicial to 

the safety or interests of the State within the meaning of 

the said Act-

( a) uses or wears, without lawful authority, any 

naval, military, air-force, police, or other official 

uniform, or any uniform so nearly resembling 

the same as to be calculated to deceive, or 

falsely represents himself to be a person who is 

or has been entitled to use or wear any such 

uniform; or 

(b) orally, or in writing in any declaration or application, or in any document signed by· him or on 

. his behalf, knowingly makes or connives at the 

making of any false statement or any omission ; 

or 

( c) forges, alters, or tampers with any passport or 

any naval, military, air-force, police, or official 

pass, permit, certificate, licence, or other document of a similar character (hereinafter in this 

[Price 2d. Net.] A 1 

Unauthorised use of 

uniforms; 

falsification 

of reports, 

forgery, 

persona ti on, 

and false 

documents. 

1 & 2 Geo. 5. 

c. 28. 
[CH. 75.] 

REF ID:A39901 

Official Secrets Act, 1920. [10 & 11 GEo. 5. 

A.D. 1920. section referred to as an official document), or 

uses or has in his possession any such forged, 

altered, or irregular official document; or 

(d) personates, or falsely represents himself to be a 

person holding, or in the employment of a 

person holding office under His Majesty, or to 

be or not to be a person to whom an official 

document or secret official code word or pass 

word has been duly issued or communicated, 

or with intent to obtain an official document, 

secret official code word or pass word, whether 

for himself or any other person, knowingly 

makes any false statement; or 

( e) uses, or has in his possession or under his control, 

without the authority of the Government Department or the authority concerned, any die, seal, 

or stamp of or belonging to, or used, made or 

provided by any Government Department, or 

by any diplomatic, naval, military, or air-force 

authority appointed by or acting under the 

authority of His Majesty, or any die, seal or 

stamp so nearly resembling any such die, seal 

or stamp as to be calculated to deceive, or 

counterfeits any such die, seal or stamp, or 

uses, or has in his possession, or under his 

control, any such counterfeited die,. seal or 

stamp; 

he shall be guilty of a misdemeanour. 

(2) If any person-

(a) retains for any purpose prejudicial to the 

safety or interests of the State any official 

document, whether or not completed or issued 

for use, when he has no right to retain it, or 

when it is contrary to his duty to retain it, 

or fails to comply with any directions issued 

by any Government Department or any 

person authorised by such department with 

regard to the return or disposal thereof ; or 

( b) allows any other person to have possession of 

any official document issued for his use alone, 

or communicates any secret· official code word 

or pass word so issued, or, without lawful 

authority or excuse, has in his possession any 

official document or secret official code word 

2 
REF ID:A39901 

[IO & 11 GEO. 5.] Official Secrets Act, 1920. [CH. 75.] 

or pass word issued for the use of some person A.D. 1920. 

other than himself, or on obtaining possession 

of any official document by finding or otherwise, neglects or fails to restore it to the 

person or authority by whom or for whose 

use it was issued, or to a police constable; or 

(c) without lawful authority or excuse, manufactures or sells, or has in his possession for sale 

any.such die, seal or stamp as·aforesaid; 

he shall be guilty of a misdemeanour. 

( 3) In the case of any prosecution under this section 

involving the proof of a purpose prejudicial to the safety 

or interests of the State, subsection (2) of section one of 

the principal Act shall apply in like manner as it applies 

to prosecutions under that section. 

2.-(1) In any proceedings against a person for an Comnmnicaoffence under section one of the principal Act, the fact tion:> with 

that he has been in communication with, or attempted foreif1 b 

to communicate with, a foreign agent, whether within or :~:e~c!0 of e 

without the United Kingdom, shall be evidence that he commission 

has, for a purpose prejudicial to the safety or interests of of certain 

the State, obtained or attempted to obtain information offences. 

which is calculated to be or might be or is intended to 

be directly or indirectly useful to an enemy. 

(2) For the purpose of this section, but without 

prejudice to the generality of the foregoing provision-

( a) A person shall, unless he proves the contrary, be 

deemed to have been in communication with a 

foreign agent if-

(i) He has, either within or without the 

United Kingdom, visited the address of a 

foreign agent or consorted or associated with 

a foreign agent ; or 

(ii) Either, within or without the United 

Kingdom, the name or address of, or any 

other information regarding a foreign agent 

has been found in his possession, or has been 

supplied by him to any other person, or has 

been obtained by him from any other person : 

( b) The expression " foreign agent " includes any 

person who is or has been or is reasonably 

suspected of being or having been employed by 

a foreign power either directly or indirectly for 

3 
A.D. 1020. 

[CH. 76.] 

REF ID:A39901 

Official Secrets Act, 1920. [10 & 11 GEO. 5.] 

the purpose of committing an act, either within 

or without the United Kingdom, prejudicial to 

the safety or interests of the State, or who has 

or is reasonably suspected of having, either 

within or without the United Kingdom, committed, or attempted to commit, such an act 

in the interests of a foreign power: 

(c) Any address, whether within or without the 

UniteO. Kingdom, reasonably suspected of being 

an address used for the receipt ofcommunications 

intended for a foreign agent, or any address at 

which a foreign agent resides, or to which he 

resorts for the purpose of giving or receiving 

communications, or at which he carries on any 

business, shall be deemed to be the address of a 

foreign agent, and communications addressed to 

such an address to be communications with a 

foreign agent. 

I~terfering 3. No person in the vicinity of any prohibited place '';tt o:ffic~rs shall obstruct, knowingly mislead or otherwise interfere 

~r ~=!~er~e with or impede, the chief officer or a superintendent or 

of His other officer of police, or any member of His Majesty's 

Majesty's forces engaged on guard, sentry, patrol, or other similar 

forces. duty in relation to the prohibited place, and, if any 

Power to 

require the 

production 

of telegrams. 

person acts in contravention of, or fails to comply with, 

this provision, he shall be guilty of a misdemeanour. 

4.-(1) Where it appears to a Secretary of State 

that such a course is expedient in the public interest, he 

may, by warrant under his hand, require any person 

who owns or controls any telegraphic cable or wire, or 

any apparatus for wireless telegraphy, used for the 

sending or receipt of telegrams to or from any place out 

of the United Kingdom, to produce to him, or to any 

person named in the warrant, the originals and transcripts, 

either of all telegrams, or of telegrams of any specified 

class or description, or of telegrams sent from or addressed 

to any specified person or place, sent or received to or 

from any place out of the United Kingdom by means of 

any such cable, wire, or apparatus, and all other papers 

relating to any such telegram as aforesaid. 

(2) Any person who, on being required to produce 

any such original or transcript or paper as aforesaid, 

refuses or neglects to do so shall be guilty of an offence 

under this Act, and shall, for each offence, be liable on 

4 
REF ID:A39901 

[10 & 11 GEo. 5.] Official Se,crets Act, 1920. [CH. ?5.] 

conviction under the Summary Jurisdiction Acts to A.D. 1920. 

imprisonment with or without hard labour for a term 

not exceeding three months, or to a fine not exceeding 

fifty pounds, or to both such imprisonment and fine. 

(3) In this section the expression "telegram" shall 

have the same meaning as in the Telegraph Act, 1869, 32 & 33 Viet. 

and the expression " wireless telegraphy " shall have the c. ~!· 

same meaning as in the Wireless Telegraphy Act, 1904. !. 24~· 7· 

5.-(1) Every person who carries on, whether alone Registration 

or in conjunction with any other business, the business a_nd regulaof receiving for reward letters, telegrams, or other postal tion of perpackets for delivery or forwarding to the persons for ~~;s ~~~­

whom they are intended, shall as soon as may be send business of 

to the chief officer of police for the district, for registration receiving 

by him, notice of the fact together with the address or postal 

addresses where the business is carried on, and the chief packets. 

officer of police shall keep a ·register of the names and 

addresses of such persons, and shall, if required by any 

person who sends such a notice, furnish him on payment 

of a fee of one shilling with a certificate of registration, 

and every person so registered shall from time to time 

furnish to the chief officer of police notice of any change 

of address or new address at which the business is carried 

on, and such other information as may be necessary for 

maintaining the correctness of the particulars entered in 

the register. 

(2) Every person who carries on such a business as 

aforesaid shall cause to be entered in a book kept for the 

purpose the following particulars-

( a) the name and address of every person for whom 

any postal packet is received, or who has 

requested that postal packets received ·may be 

delivered or forwarded to him; 

(b) any instructions that may have been received as 

to the delivery or forwarcli?g of postal packets; 

( c) in the case of every postal packet received, the 

place from which the postal packet comes, and 

the date of posting (as shown by the post-mark) 

and the date of receipt, and the name and 

address of the sender if shown on the outside of 

the packet, and, in the case of a registered 

packet, the date and office of registration and 

the number of the registered packet; 

5 
A.D. l920. 

Duty of 

giving information as to 

commission 

of offences. 

REF ID:A39901 

[CH. 75.] Official Secrets Act, 1920. [10 & 11 GEO. 5.] 

( d) in the case of every postal packet delivered, the 

date of delivery and the name and address of 

the person to whom it is delivered; 

( e) in the case of every postal packet forwarded, the 

name and address to which and the date on 

which it is forwarded; 

and shall not deliver a letter to any person until that 

person has signed a receipt for the same in such book as 

aforesaid, nor, if that person is not the person to whom 

the postal packet is addressed, unless there is left with 

him instructions signed by the last-mentioned person as 

to the delivery thereof, and shall not forward any postal 

packet to another address unless there is left with him 

written instructions to that effect signed by the addressee. 

(3) The books so kept and all postal packets received 

by a person carrying on any such business, and any 

instruction as to the delivery or forwarding of postal 

packets received by any such person, shall be kept at 

all reasonable times open to inspection by any police 

constable. 

(4) If any person contravenes or fails to comply 

with any of the provisions of this section, or furnishes 

any false information or makes any false entry, he shall 

be guilty of an offence under this Act, and shall, for each 

offence, be liable on conviction· under the Summary 

Jurisdiction Acts to imprisonment with or without hard 

labour for a term not exceeding one m9nth, or to a fine 

not exceeding ten pounds, or to both such imprisonment 

and fine. 

(5) Nothing in this section shall apply to postal 

packets addressed to any office where any newspaper or 

periodical is published, being postal packets in reply to 

advertisements appearing in such newspaper or periodical. 

( 6) Nothing in this section shall be construed as 

rendering legal anything which would be in contravention 

of the exclusive privilege of the Postmaster General 

under the Post Office Acts; 1908 to 1920, or the Telegraph 

Acts, 1863 to 1920. 

6. It shall be the duty of every person to give on 

demand to a chief officer of police, or to a superintendent 

or other officer of police not below the rank of inspector 

appointed by a chief officer for the purpose, or to any 

member of His Majesty's forces engaged on guard, 

sentry, patrol, or other similar duty, any information in 

6 
REF ID:A39901 

[10 & 11 GEo. 5.] Official Secret8 Act, 1920. [CH. 75.] 

his power relating to an offence or suspected offence A.D. 1920. 

under the principal Act or this Act, and, if so required, 

and upon tender of his reasonable expenses, to attend at 

such reasonable time and place as may be specified for 

the purpose of furnishing such information, and, if any 

person fails to give any such information or to attend as 

aforesaid, he shall be guilty of a misdemeanour. 

7. Any person who attempts to commit any offence f\.t~empts, 

under the principal Act or this Act, or solicits or incites mcitements, 

or endeavours to persuade another person to commit an &c. 

offence, or aids or abets and does any act preparatory 

to the commission of an offence under the principal Act 

or this Act, shall be guilty of a felony or a misdemeanour 

or a summary offence according as the offence in question 

is a felony, a misdemeanour or a summary offence, and 

on conviction shall be liable to the same punishment, and 

to be proceeded against in the same manner, as if he had 

committed the offence. 

8.--(1) Any person who is guilty of a felony under Provisions 

the principal Act or this Act shall be liable to penal as to tri.al 

servitude for a term of not less than three years and not and pumshexceeding fourteen years. :;:; ~!. 

(2) Any person who is guilty of a misdemeanour 

under the principal Act or this Act shall be liable on 

conviction on indictment to imprisonment, with or 

without hard labour, for a term not exceeding two years, 

or, on conviction under the Summary Jurisdiction Acts, 

to imprisonment, with or without hard labour, for a 

term not exceeding three months or to a fine not 

exceeding fifty pounds, or both such imprisonment and 

fine: 

Provided that no misdemeanour under the principal 

Act or this Act shall be dealt with summarily except with 

the consent of the Attorney -General. 

(3) For the purposes of the trial of a person for an 

offence under the principal Act or this Act, the offence 

shall be deemed to have been committed either at the 

place in which the same actually was committed, or at 

any place in the United Kingdom in which the offender 

may be found. 

(4) In addition and without prejudice to any powers 

which a court may possess to order the exclusion of the 

public from any proceedings if, in the course of proceedings before a court against any person for an offence 

7 
[CH. 75.] 

REF ID:A39901 

Official Secrets Act, 1920. [10 & 11 GEo. 5.] 

A.D. 1920. under the principal Act or this Act or the proceedings 

on appeal, or in the course of the trial of a person for 

felony or misdemeanour under the principal Act or this 

Act, application is made by the prosecution, on the ground 

that the publication of any evidence to be given or of 

any statement to be made in the course of the proceedings 

would be prejudicial to the national safety, that all or 

any portion of the public shall be excluded during any 

part of the hearing, the court may make an order to that 

effect, but the passing of sentence shall in any case take 

place in public. 

Amendments of 

principal 

Act in relation to munitions of war. 

(5) Where the person guilty of an offence under the 

principal Act or this Act is a company or corporation, 

every director and officer of the company or co1 poration 

shall be guilty of the like offence unless he proves that 

the act or omission constituting the offence took place 

without his knowledge or consent. 

9. The principal Act shall have effect as though-

(1) After paragraph (a) of subsection (1) of 

section two the following paragraph were 

inserted: 

" ( aa) Uses the information m his 

possession for the benefit of any foreign 

power or in any other manner prejudfoial 

to the safety_ or interests of the State ; " 

and after the said subsection ( 1) the following 

subsection were inserted : 

" (lA) If any person having in his. possession or control any sketch, plan, nLOdel, 

article, note, document, or information 

which relates to munitions of war, communicates it directly or ind.U:ectly to any 

foreign power, or in any other manner 

prejudicial to the safety or interests of the 

State, that person shall be guilty of a 

misdemeanour; " and 

(2) In section twelve, after the definition of 

" sketch," the following definition were 

inserted: 

"The expression 'muniti<>ns of war' 

includes the whole or any part of any 

ship, submarine, aircraft, tank or similar 

engine, arms and ammuuition, torpedo,. or 

8 

,, 
REF ID:A39901 

[IO & 11 G:Eo. 5.] Official Secrets Act, 1920. [CH. '75.] 

mine, intended or adapted for use in war, A.D. 1920. 

and any other article, material, or device, 

whether actual or proposed, intended for 

such use." 

10. The amendments specified in the second column Minor 

of the First Schedule to this Act (which relate to minor amenddetails) shall be made in the provisions of the principal m~nt~ 0 i 

Act specified in the first column of that schedule. l~fcipa 

11.-(1) This Act may be cited as the Official Short title, 

Secrets Act, 1920, and shall be construed as one with the construe. 

principal Act, and the principal Act and this Act may tion, and 

be cited together as the Official Secrets Acts, 1911 and repeal. 

1920. 

Provided that-

( a) this Act shall not apply to any of the following 

Dominions, that is to say, the Dominion of 

Canada, the Commonwealth of Australia 

(which for this purpose shall be deemed to 

include Papua and Norfolk Island), the 

Dominion of New Zealand, the Union of 

South Africa, Newfoundland, and India; and 

(b) nothing in the principal Act shall be construed 

as preventing an offence under this Act 

which is to b-e tried summarily being tried in 

Scotland by the sheriff. 

(2) The provisions of the principal Act mentioned 

in the Second Schedule to this Act are hereby repealed. 

(3) For the purposes of this Act, the expression 

"chief officer of police,"-

( a) with respect to any place in England other than 

the city of London, has the meaning assigned 

to it by the Police Act, 1890; 53 & 54 Viet. 

(b) with respect to the city of London, means the c. 

45· 

Commissioner of the City Police ; 

( c) with respect to Scotland, has the meaning 

assigned to it by the Polioe (Scotland) Act, 53 & 54 Viet. 

1890; and c. 67. 

( d) with respect to Ireland, means, in the police 

district of Du:blin metropolis, either of the 

Commissioners of Police for that district, and 

elsewhere the district inspector of the Royal 

Irish Constabulary. 

B 9 
A.D. 1920. 

Section 10. 

[CH. 75.] 

REF ID:A39901 

Official Secrets Act, 1920. [10 & 11 GEO. 5.] 

SCHEDULES. 

FIRST SCHEDULE. 

MINOR AMENDMENTS OF PRINCIPAL AcT. 

Enactment. Nature of Amendment. 

s. I (1) (a) - After the word "approaches" there shall be 

inserted the words" inspects, passes over." 

s. I (I) (c) - After the word "obtains" there shall be inserted 

the words " collects, records, or publishes," and 

after the words " any other person " there shall 

be inserted the words " any secret official code 

word, or pass word, or." 

s. I (2) 

s. 2 (1) 

- After the words " in such a place " there shall be 

inserted the words " or any secret official code 

word or pass word." 

After the word "obtained," in both places where 

it occurs, there shall be inserted the words 

"collected, recorded, published." 

- After the words " possession or control " there 

shall be inserted the words " any secret officia] 

code word, or pass word, or." 

After the words " which he has obtained " there 

shall be inserted the words " or to which he has 

had access." 

After the words " communicates the " there shall 

be inserted the words "code word, pass word." 

After the words " his duty to retain it " there shall 

be inserted the words " or fails to comply with 

" all directions issued by lawfuJ authority with 

" regard to the return or disposal thereof." 

After paragraph (b) there shall be inserted the 

following paragraph:-

"or (c) Fails to take reasonable care of, or 

so conducts himself as to endanger the safety 

of the sketch, plan, model, article, note, document, secret official code or pass word or information.'' 

10 

~ 

I 

! 
• 

REF ID:A39901 

[10 & 11 GEO. 5.] Official Secrets Act, 1920. [CH. 75.] 

Enactment. Nature of Amendment. A.D. 1920. 

s. 2 (2) 

s. 3 -

s. 7 

s. 12 -

- Before the word " sketch " where that word first 

occurs, there shall be inserted the words " secret 

" official code word, or pass word, or." 

Before the word " sketch " in other places where it 

occurs, there shall be inserted the words "code 

word, pass word." 

- For paragraph (a) the following paragraph shall be 

substituted :-

"Any work of defence, arsenal, naval or 

air force establishment or station, factory, 

dockyard: mine, minefield, camp, ship, or 

aircraft belonging to or occupied by or or 

behalf of His Majesty, or any telegraph, telephone, wireless or signal station, or office so 

belonging or occupied, and any place belonging 

to or occupied by or on behalf of His Majesty 

and used for the purpose of building, repairing, 

making, or storing any munitions of war, or 

any sketches, plans, models, or documents 

relating thereto, or for the purpose of getting 

any metals, oil, or minerals of UBe in time of 

war." 

In paragraphs (b) and (d) for the words "ship, 

" arms, or other materials or instruments of use 

" in time of war," in both places where they 

occur, there shall be substituted the words 

"munitions of war," and for the word "plans," 

in both places where it occurs, there shall be 

substituted the words" sketches, models, plans." 

In paragraph (b) after the word " repaired " there 

shall be inserted the word" gotten." 

In paragraph (c) aft.er the words "any place 

belonging to '' there shall be inserted the words 

"or used for the purposes of." 

In paragraphs (c) and (d) for the words " by a 

Secretary of State" in both places where those 

words occur, there shall be substituted the words 

"by order of a Secretary of State." 

- For the words " wilfully refuses " there shall be 

substituted the words" wilfully omits or refuses." 

- After the words " like or superior rank " there shall 

be inserted the words '' and any person upon 

" whom the powers of a superintendent of 

'' police are for the purpose of this Act conferred 

" by a Secretary of State." 

11 
A.D. 1920. 

Section 11. 

REF ID:A39901 

[CH. 75.] Official Secrets Act, 1920. [10 & 11 GEo. 5.] 

SECOND SCHEDULE. 

PROVISIONS OF PRINCIPAL AcT REPEALED. 

In subsection ( 1) of section one the words " and shall be 

" liable to penal servitude for any term not less than three years 

" and not exceeding seven years." 

Subsection (S) of section two. 

Section four. 

In section seven the words " and liable to imprisonment ,., with or without hard labour for a term not exceeding one year, 

" oc to a fine, or to both imprisonment and a fine." 

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WILLLUl RIOHARD CODLING, Esq., C.B., c.v'.o., C.B.E., the King's Printer of 

Acts ·of Parliament. 

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