The National Security and Investment Act 2021 (Notifiable Acquisition) (Specification of Qualifying Entities) Regulations 2021

Regulation 2

SCHEDULE 9 Data infrastructure

Interpretation

1.  In this Schedule—

“administrative access” refers to either or both authorisation or access granted via either or both logical or administrative access controls by virtue of which an entity may access relevant data infrastructure or control access to relevant data infrastructure where such access would otherwise be restricted or compartmented and where such access would permit the modification of the relevant data infrastructure in a way that was not authorised;

“electronic communications network” has the meaning given in section 32(1) of the Communications Act 2003(1);

“public electronic communications network” has the meaning given in section 151(1) of the Communications Act 2003;

“public electronic communications service” has the meaning given in section 151(1) of the Communications Act 2003;

“public sector authority” means an authority listed in paragraph 2;

“relevant activity” means storing, processing or transmitting data in digital form which are used in connection with the administration and operation of a public sector authority;

“relevant data infrastructure” is physical or virtualised infrastructure, which—

(a)

is used for a relevant activity and the qualifying entity—

(i)

has a contract with a public sector authority to provide the relevant activity; or

(ii)

is a sub-contractor who has been notified that it is in a chain of sub-contractors which begins with the contractor that has a contract with the public sector authority for the purpose of providing the relevant activity, where the sub-contractor is providing a relevant activity that would fulfil or contribute towards the fulfilment of the main contract;

(b)

is provided for peering, interconnection or exchange of digital data between providers of public electronic communications networks and/or providers of public electronic communications services but which is not owned by a provider of public electronic communications networks or a provider of a public electronic communications service; or

(c)

enables the interconnection of one or more public electronic communications networks with an electronic communications network where part of that network is provided by means of a submarine cable system;

“specialist or technical services” means either or both—

(a)

equipment installation services;

(b)

equipment repair and maintenance services;

“submarine cable system” means a system of fibre optic cables which—

(i)

are beneath the sea (whether on or in the seabed or in a tunnel); and

(ii)

are intended for the conveyance of signals.

Interpretation – public sector authority

2.  The authorities referred to in the definition of a “public sector authority” in paragraph 1 are set out in the following Table.

Table

Public sector authority
Prime Minister’s Office
Attorney General’s Office
Crown Prosecution Service
Government Legal Department
Serious Fraud Office
Cabinet Office
Crown Commercial Service
Government Property Agency
The Electoral Commission
UK Statistics Authority
Department for Business, Energy and Industrial Strategy
Competition and Markets Authority
HM Land Registry
Intellectual Property Office
Meteorological Office
Nuclear Decommissioning Authority
Office of Gas and Electricity Markets (Ofgem)
United Kingdom Space Agency
Department for Digital, Culture, Media and Sport
Information Commissioner
The National Archives
Office of Communications (Ofcom)
Department for Education
Education and Skills Funding Agency
Office of Qualifications and Examinations Regulation (Ofqual)
Office for Standards in Education, Children’s Services and Skills (Ofsted)
Teaching Regulation Agency
Department for Environment, Food and Rural Affairs
Water Services Regulation Authority (Ofwat)
Department for International Trade
UK Export Finance (also known as the Exports Credit Guarantee Department)
Department for Transport
Civil Aviation Authority
Driver and Vehicle Licensing Agency
Maritime and Coastguard Agency
Office of Rail and Road
Department for Work and Pensions
Health and Safety Executive
Office for Nuclear Regulation
Department of Health and Social Care
Health and Social Care Information Centre
Joint Committee on Vaccination and Immunisation
Medicines and Healthcare products Regulatory Agency
Public Health England
UK Health Security Agency
Foreign, Commonwealth and Development Office
Wilton Park
GCHQ
HM Treasury
Bank of England
Financial Conduct Authority
Government Actuary’s Department
Government Internal Audit Agency
HM Revenues and Customs
National Audit Office
National Infrastructure Commission
National Savings and Investments
Office for Budget Responsibility
UK Debt Management Office
Valuation Office Agency
Home Office
National Crime Agency
Investigatory Powers Commissioner’s Office
Ministry of Defence
Defence Electronics and Components Agency
Defence Equipment and Support
Defence Science and Technology Laboratory
Submarine Delivery Agency
United Kingdom Hydrographic Office
Ministry of Housing, Communities and Local Government
Queen Elizabeth II Centre
Ministry of Justice
Criminal Injuries Compensation Authority
HM Courts and Tribunals Service
HM Prison and Probation Service
Legal Aid Agency
Office of the Public Guardian
Supreme Court of the United Kingdom
Northern Ireland Office
Office of the Advocate General for Scotland
Office of the Leader of the House of Commons
Office of the Leader of the House of Lords
Office of the Secretary of State for Scotland
Office of the Secretary of State for Wales
Secret Intelligence Service
Security Service
Northern Ireland Executive
The Executive Office
Department of Agriculture, Environment and Rural Affairs
Department for Communities
Department for the Economy
Department of Education
Department of Finance
Department of Health
Department for Infrastructure
Department of Justice
Invest Northern Ireland
The Scottish Government
Crown Office and Procurator Fiscal Service
Disclosure Scotland
Education Scotland
Office of the Accountant in Bankruptcy
Registers of Scotland
Revenue Scotland
Scottish Courts and Tribunals Service
Scottish Fiscal Commission
Scottish National Investment Bank
Scottish Public Pensions Agency
Social Security Scotland
Student Awards Agency for Scotland
The Scottish Ministers
Transport Scotland
The Welsh Government
Permanent Secretary’s Group
Office of the First Minister Group
The Health and Social Services Group
The Economy, Skills and Natural Resources Group
The Education and Public Services Group

Activity – data infrastructure

3.  A qualifying entity carrying on any of the activities set out in paragraph 4.

4.  The activities referred to in paragraph 3 are—

(a) owning or operating relevant data infrastructure;

(b) managing relevant data infrastructure on behalf of other entities;

(c) managing facilities where relevant data infrastructure is located;

(d) providing specialist or technical services to entities carrying on activities described in sub-paragraphs (a), (b) or (c), which give the entity providing those specialist or technical services physical access to relevant data infrastructure;

(e) providing services where the provision of such services gives the entity providing those services administrative access to relevant data infrastructure;

(f) producing or developing software designed for use in the services in sub-paragraph (e) which configures or manages the provision of administrative access.

(1)

2003 c. 21. Section 32 was amended by S.I. 2011/1210, regulation 1(2), Schedule 1 paragraph 9(a)(i) and Schedule 3 paragraph 2, and S.I. 2020/1419, regulation 1(2), Schedule 1, paragraph 6.