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

Regulation 2

SCHEDULE 10Defence

This schedule has no associated Explanatory Memorandum

Interpretation

1.  In this Schedule—

defence” has the meaning given to it by section 2(4) of the Official Secrets Act 1989(1); and

government contractor” has the meaning given to it by section 12 of the Official Secrets Act 1989.

Activity - defence

2.  A qualifying entity carrying on activities that comprise or include the research, development, production, creation or application of goods or services which are used or provided for defence or national security purposes where that entity meets a condition in paragraph 3.

3.  The conditions referred to in paragraph 2 are that the entity—

(a)is a government contractor or any sub-contractor in a chain of sub-contractors which begins with the government contractor which provides goods or services within the scope of paragraph 2; or

(b)has been notified by or on behalf of the Secretary of State of information, documents or other articles of a classified nature which the entity or an employee of the entity may hold or receive relating to the activities within the scope of paragraph 2.