- Latest available (Revised)
- Original (As made)
There are currently no known outstanding effects for the The Network and Information Systems Regulations 2018, Section 8A.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
8A.—(1) This regulation applies to any OES who has their head office outside the United Kingdom and—
(a)provides an essential service of a kind referred to in one or more of paragraphs 1, 2, 3 and 10 of Schedule 2 (energy or digital infrastructure sector) within the United Kingdom; or
(b)provides an essential service of a kind referred to in one or more of paragraphs 4 to 9 of Schedule 2 (transport, health or drinking water supply and distribution sector) within the United Kingdom and falls within paragraph (2).
(2) An OES falls within this paragraph if they have received a notice in writing from a designated competent authority for the OES requiring them to comply with this regulation.
(3) An OES to whom this regulation applies must—
(a)nominate in writing a person in the United Kingdom with the authority to act on their behalf under these Regulations, including for the service of documents for the purposes of regulation 24 (a “nominated person”);
(b)before the relevant date, notify the designated competent authority for the OES in writing of—
(i)their name;
(ii)the name and address of the nominated person; and
(iii)up-to-date contact details of the nominated person (including email addresses and telephone numbers).
(4) The OES must notify the designated competent authority for the OES of any changes to the information notified under paragraph (3)(b) as soon as practicable and in any event within seven days beginning with the day on which the change took effect.
(5) The designated competent authority for the OES and GCHQ may, for the purposes of carrying out their responsibilities under these Regulations, contact the nominated person instead of or in addition to the OES.
(6) A nomination under paragraph (3) is without prejudice to any legal action which could be initiated against the OES.
(7) In this regulation, “relevant date” means the date three months after—
(a)the first day (including that day) on which the OES was deemed to be designated as an OES under regulation 8(1); or
(b)the day (including that day) on which the OES was designated as an OES under regulation 8(3),
unless the first day referred to in sub-paragraph (a) or the day referred to in sub-paragraph (b) was before 31st December 2020 in which case it means 31st March 2021.]
Textual Amendments
F1Reg. 8A inserted (31.12.2020) by The Network and Information Systems (Amendment and Transitional Provision etc.) Regulations 2020 (S.I. 2020/1245), regs. 1(1), 6 (with reg. 21)
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: