PART 3Operators of essential services
F1Nomination by an OES of a person to act on its behalf in the United Kingdom8A
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.