The Secretaries of State for Energy Security and Net Zero, for Science, Innovation and Technology, for Business and Trade, and for Culture, Media and Sport and the Transfer of Functions (National Security and Investment Act 2021 etc) Order 2023

1. Introductory Text

2. 1. Citation and commencement

3. 2. Interpretation

4. 3. Incorporation of the Secretary of State for Energy Security and Net Zero

5. 4. Incorporation of the Secretary of State for Science, Innovation and Technology

6. 5. Incorporation of the Secretary of State for Business and Trade

7. 6. Matters relating to the previous incorporation of the Secretary of State for Culture, Media and Sport

8. 7. Transfer of functions to the Secretary of State for Energy Security and Net Zero

9. 8. Supplementary provisions in relation to the Secretary of State for Energy Security and Net Zero

10. 9. Transfer of functions to the Secretary of State for Science, Innovation and Technology

11. 10. Supplementary provisions in relation to the Secretary of State for Science, Innovation and Technology

12. 11. Transfer of functions to the Secretary of State for Business and Trade

13. 12. Supplementary provisions in relation to the Secretary of State for Business and Trade

14. 13. Transfer of functions to the Secretary of State for Culture, Media and Sport

15. 14. Supplementary provisions in relation to the Secretary of State for Culture, Media and Sport

16. 15. Functions under the National Security and Investment Act 2021 and the Enterprise Act 2002 to be exercisable concurrently

17. 16. Supplementary provisions in relation to article 15

18. 17. Supplemental: validity of things done before coming into force of this Order

19. 18. Consequential amendments

20. Signature

21. 1. Schedule

       Consequential amendments

       1. Part 1 Primary legislation

          1. Imperial War Museum Act 1920 (c. 16)

             1. 1. In paragraph 1 of the Schedule to the Imperial War...

          2. Public Records Act 1958 (c. 51)

             1. 2. In Schedule 1 to the Public Records Act 1958 (definition...

          3. Parliamentary Commissioner Act 1967 (c. 13)

             1. 3. In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments...

          4. Coinage Act 1971 (c. 24)

             1. 4. (1) The Coinage Act 1971 is amended as follows.

          5. Police and Criminal Evidence Act 1984 (c. 60)

             1. 5. In section 114A(2)(a) of the Police and Criminal Evidence Act...

          6. Weights and Measures Act 1985 (c. 72)

             1. 6. (1) The Weights and Measures Act 1985 is amended as...

          7. Transport and Works Act 1992 (c. 42)

             1. 7. In section 23(10) of the Transport and Works Act 1992...

          8. Channel Tunnel Rail Link Act 1996 (c. 61)

             1. 8. (1) The Channel Tunnel Rail Link Act 1996 is amended...

          9. Regulation of Investigatory Powers Act 2000 (c. 23)

             1. 9. In Part 1 of Schedule 1 to the Investigatory Powers...

          10. Enterprise Act 2002 (c. 40)

              1. 10. (1) The Enterprise Act 2002 is amended as follows.

          11. Domestic Violence, Crime and Victims Act 2004 (c. 28)

              1. 11. In Schedule 9 to the Domestic Violence, Crime and Victims...

          12. Serious Organised Crime and Police Act 2005 (c. 15)

              1. 12. (1) Section 71 of the Serious Organised Crime and Police...

          13. Natural Environment and Rural Communities Act 2006 (c. 16)

              1. 13. (1) The Natural Environment and Rural Communities Act 2006 is...

          14. Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)

              1. 14. In Schedule 1 to the Corporate Manslaughter and Corporate Homicide...

          15. Housing and Regeneration Act 2008 (c. 17)

              1. 15. In Schedule 4 to the Housing and Regeneration Act 2008...

          16. Crossrail Act 2008 (c. 18)

              1. 16. (1) The Crossrail Act 2008 is amended as follows.

          17. Justice and Security Act 2013 (c. 18)

              1. 17. In section 14(1) of the Justice and Security Act 2013...

          18. Digital Economy Act 2017 (c. 30)

              1. 18. (1) The Digital Economy Act 2017 is amended as follows....

          19. High Speed Rail (London - West Midlands) Act 2017 (c. 7)

              1. 19. (1) The High Speed Rail (London - West Midlands) Act...

          20. High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2)

              1. 20. (1) The High Speed Rail (West Midlands - Crewe) Act...

          21. National Security and Investment Act 2021 (c. 25)

              1. 21. In section 65 of the National Security and Investment Act...

          22. Police, Crime, Sentencing and Courts Act 2022 (c. 32)

              1. 22. In Part 3 of Schedule 3 to the Police, Crime,...

          23. British Sign Language Act 2022 (c. 34)

              1. 23. In the Schedule to the British Sign Language Act 2022...

       2. Part 2 Subordinate legislation

          1. Housing (Right to Buy) (Service Charges) Order 1986 (S.I. 1986/2195)

             1. 24. In article 2 of the Housing (Right to Buy) (Service...

          2. Social Fund (Cold Weather Payments) (General) Regulations 1988 (S.I. 1988/1724)

             1. 25. In regulation 1(2) of the Social Fund Cold Weather Payments...

          3. Planning (Listed Buildings and Conservation Areas) Regulations 1990 (S.I. 1990/1519)

             1. 26. In Schedule 4 to the Planning (Listed Buildings and Conservation...

          4. Patent Office Trading Fund Order 1991 (S.I. 1991/1796)

             1. 27. (1) The Patent Office Trading Fund Order 1991 is amended...

          5. Bail (Amendment) Act 1993 (Prescription of Prosecuting Authorities) Order 1994 (S.I. 1994/1438)

             1. 28. In the Schedule to the Bail (Amendment) Act 1993 (Prescription...

          6. Insolvency Regulations 1994 (S.I. 1994/2507)

             1. 29. In regulation 3(3) of the Insolvency Regulations 1994 (interpretation and...

          7. Meteorological Office Trading Fund Order 1996 (S.I. 1996/774)

             1. 30. (1) The Meteorological Office Trading Fund Order 1996 is amended...

          8. Merchant Shipping (Oil Pollution Preparedness, Response and Co-operation Convention) Regulations 1998 (S.I. 1998/1056)

             1. 31. In regulation 4(7) of the Merchant Shipping (Oil Pollution Preparedness,...

          9. Trial of the Pyx Order 1998 (S.I. 1998/1764)

             1. 32. In the Trial of the Pyx Order 1998, in the...

          10. Civil Procedure Rules 1998 (S.I. 1998/3132)

              1. 33. In rule 82.1(2) of the Civil Procedure Rules 1998 (interpretation...

          11. Building Societies (Business Names) Regulations 1998 (S.I. 1998/3186)

              1. 34. In the Schedule to the Building Societies (Business Names) Regulations...

          12. Railway Administration Order Rules 2001 (S.I. 2001/3352)

              1. 35. In rule 1.2(1) of the Railway Administration Order Rules 2001...

          13. Police and Criminal Evidence Act 1984 (Department of Trade and Industry Investigations) Order 2002 (S.I. 2002/2326)

              1. 36. (1) The Police and Criminal Evidence Act 1984 (Department of...

          14. Community Investment Tax Relief (Accreditation of Community Development Finance Institutions) Regulations 2003 (S.I. 2003/96)

              1. 37. (1) The Community Investment Tax Relief (Accreditation of Community Development...

          15. Land Registration Rules 2003 (S.I. 2003/1417)

              1. 38. In the Land Registration Rules 2003, in Schedule 5, for...

          16. Crime (International Co-operation) Act 2003 (Designation of Prosecuting Authorities) Order 2004 (S.I. 2004/1034)

              1. 39. In article 2(2) of the Crime (International Co-operation) Act 2003...

          17. Measuring Instruments (EEC Requirements) (Fees) Regulations 2004 (S.I. 2004/1300)

              1. 40. In paragraph (b) of Schedule 1 to the Measuring Instruments...

          18. Electricity (Fuel Mix Disclosure) Regulations 2005 (S.I. 2005/391)

              1. 41. In paragraph 1 of the condition set out in the...

          19. Damages (Government and Health Service Bodies) Order 2005 (S.I. 2005/474)

              1. 42. In Part 1 of the Schedule to the Damages (Government...

          20. Energy Administration Rules 2005 (S.I. 2005/2483)

              1. 43. In rule 186(2) of the Energy Administration Rules 2005 (expressions...

          21. Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006 (S.I. 2006/1466)

              1. 44. In column (2) of the table in Schedule 5 to...

          22. Guarantees of Origin of Electricity Produced from High-efficiency Cogeneration Regulations 2007 (S.I. 2007/292)

              1. 45. In regulation 2 of the Guarantees of Origin of Electricity...

          23. Regulation of Investigatory Powers (Authorisations Extending to Scotland) Order 2007 (S.I. 2007/934)

              1. 46. In the Schedule to the Regulation of Investigatory Powers (Authorisations...

          24. Political Parties, Elections and Referendums Act 2000 (Northern Ireland Political Parties) Order 2007 (S.I. 2007/2501)

              1. 47. In article 11(g) of the Political Parties, Elections and Referendums...

          25. Petroleum Licensing (Production) (Seaward Areas) Regulations 2008 (S.I. 2008/225)

              1. 48. In clause 1(1) of the model clauses set out in...

          26. Political Parties, Elections and Referendums Act 2000 (Northern Ireland Political Parties) Order 2008 (S.I. 2008/1737)

              1. 49. In article 11(g) of the Political Parties, Elections and Referendums...

          27. Export Control Order 2008 (S.I. 2008/3231)

              1. 50. In the Export Control Order 2008, in the following places,...

          28. Offshore Gas Storage and Unloading (Licensing) Regulations 2009 (S.I. 2009/2813)

              1. 51. In clause 1(1) of the model clauses set out in...

          29. Offshore Exploration (Petroleum, and Gas Storage and Unloading) (Model Clauses) Regulations 2009 (S.I. 2009/2814)

              1. 52. In clause 1(1) of the model clauses set out in...

          30. Charities Act 2006 (Principal Regulators of Exempt Charities) Regulations 2010 (S.I. 2010/501)

              1. 53. In regulation 1(2) of the Charities Act 2006 (Principal Regulators...

          31. Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010 (S.I. 2010/521)

              1. 54. In Part 1 of the Schedule to the Regulation of...

          32. Criminal Justice Act 2003 (Commencement No. 26) Order 2011 (S.I. 2011/2188)

              1. 55. In article 3(b) of the Criminal Justice Act 2003 (Commencement...

          33. Hinkley Point C (Nuclear Generating Station) Order 2013 (S.I. 2013/648)

              1. 56. In paragraph 6 of Schedule 15 to the Hinkley Point...

          34. Energy Savings Opportunity Scheme Regulations 2014 (S.I. 2014/1643)

              1. 57. In the Energy Savings Opportunity Scheme Regulations 2014, in the...

          35. Public Interest Disclosure (Prescribed Persons) Order 2014 (S.I. 2014/2418)

              1. 58. (1) The table in the Schedule to the Public Interest...

          36. Company, Limited Liability Partnership and Business Names (Sensitive Words and Expressions) Regulations 2014 (S.I. 2014/3140)

              1. 59. In Part 1 of Schedule 2 to the Company, Limited...

          37. Pollution Prevention and Control (Fees) (Miscellaneous Amendments and Other Provisions) Regulations 2015 (S.I. 2015/1431)

              1. 60. In regulation 5B(3)(c) of the Pollution Prevention and Control (Fees)...

          38. Care and Support (Financial Assessment) (Wales) Regulations 2015 (S.I. 2015/1844)

              1. 61. In paragraph 40 of Schedule 2 to the Care and...

          39. Renewables Obligation Order 2015 (S.I. 2015/1947)

              1. 62. In article 79(3) of the Renewables Obligation Order 2015 (provision...

          40. Network and Information Systems Regulations 2018 (S.I. 2018/506)

              1. 63. In Schedule 1 to the Network and Information Systems Regulations...

          41. Nuclear Safeguards (EU Exit) Regulations 2019 (S.I. 2019/196)

              1. 64. In regulation 46(2)(b) of the Nuclear Safeguards (EU Exit) Regulations...

          42. Norfolk Vanguard Offshore Wind Farm Order 2020 (S.I. 2020/706)

              1. 65. In Part 7 of Schedule 16 to the Norfolk Vanguard...

          43. A303 (Amesbury to Berwick Down) Development Consent Order 2020 (S.I. 2020/1297)

              1. 66. In article 2(1) of the A303 (Amesbury to Berwick Down)...

          44. Hornsea Three Offshore Wind Farm Order 2020 (S.I. 2020/1656)

              1. 67. In Part 7 of Schedule 9 to the Hornsea Three...

          45. Town and Country Planning (Cairnryan Border Control Posts) (EU Exit) (Scotland) Special Development Order 2021 (S.S.I. 2021/98)

              1. 68. In regulation 2(1) of the Town and Country Planning (Cairnryan...

          46. A303 Sparkford to Ilchester Dualling Development Consent Order 2021 (S.I. 2021/125)

              1. 69. In Part 3 of Schedule 8 to the A303 Sparkford...

          47. Proceeds of Crime Act 2002 (References to Financial Investigators) (England and Wales and Northern Ireland) Order 2021 (S.I. 2021/640)

              1. 70. In Schedule 1 to the Proceeds of Crime Act 2002...

          48. Space Industry (Appeals) Regulations 2021 (S.I. 2021/816)

              1. 71. In regulation 2 of the Space Industry (Appeals) Regulations 2021...

          49. National Security and Investment Act 2021 (Monetary Penalties) (Turnover of a Business) Regulations 2021 (S.I. 2021/1262)

              1. 72. In regulation 1(3) of the National Security and Investment Act...

          50. National Security and Investment Act 2021 (Notifiable Acquisition) (Specification of Qualifying Entities) Regulations 2021 (S.I. 2021/1264)

              1. 73. (1) The table in paragraph 2 of Schedule 9 to...

          51. National Security and Investment Act 2021 (Procedure for Service) Regulations 2021 (S.I. 2021/1267)

              1. 74. In regulation 2(1) of the National Security and Investment Act...

          52. National Security and Investment Act 2021 (Prescribed Form and Content of Notices and Validation Applications) Regulations 2021 (S.I. 2021/1272)

              1. 75. In regulation 2 of the National Security and Investment Act...

          53. Norfolk Boreas Offshore Wind Farm Order 2021 (S.I. 2021/1414)

              1. 76. In Part 7 of Schedule 17 to the Norfolk Boreas...

          54. Norfolk Vanguard Offshore Wind Farm Order 2022 (S.I. 2022/138)

              1. 77. In Part 7 of Schedule 16 to the Norfolk Vanguard...

          55. A57 Link Roads Development Consent Order 2022 (S.I. 2022/1206)

              1. 78. In Part 2 of Schedule 9 to the A57 Link...

       3. Part 3 Retained EU law

          1. Commission Delegated Regulation (EU) No 664/2014 of 18 December 2013 supplementing Regulation (EU) No 1151/2012 of the European Parliament and of the Council with regard to the establishment of the Union symbols for protected designations of origin, protected geographical indications and traditional specialities guaranteed and with regard to certain rules on sourcing, certain procedural rules and certain additional transitional rules

             1. 79. In Article 6 of Commission Delegated Regulation (EU) 664/2014, in...

          2. Regulation (EU) 2016/793 of the European Parliament and of the Council of 11 May 2016 to avoid trade diversion into the European Union of certain key medicines

             1. 80. In Article 4(1) of Regulation (EU) 2016/793 of the European...

          3. Commission Delegated Regulation (EU) 2019/33 of 17 October 2018 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, restrictions of use, amendments to product specifications, cancellation of protection, and labelling and presentation

             1. 81. In Article 14 of Commission Delegated Regulation (EU) 2019/33, in...

          4. Regulation (EU) 2019/787 of the European Parliament and of the Council of 17 April 2019 on the definition, description, presentation and labelling of spirit drinks, the use of the names of spirit drinks in the presentation and labelling of other foodstuffs, the protection of geographical indications for spirit drinks, the use of ethyl alcohol and distillates of agricultural origin in alcoholic beverages, and repealing Regulation (EC) No 110/2008

             1. 82. In article 31 of Regulation (EU) 2019/787 of the European...

22. Explanatory Note