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

Regulation 2

SCHEDULE 7 U.K. Critical suppliers to government

Interpretation U.K.

1.  In this Schedule—

“government” has the same meaning as “contracting authorities” in regulation 2 of the Public Contracts Regulations 2015(1);

“relevant public contract” means a contract for pecuniary interest between one or more persons and government, where the contract has as its object the execution of works, the supply of products or the provision of services.

Commencement Information

I1 Sch. 7 para. 1 in force at 4.1.2022, see reg. 1(2)

Activity – critical suppliers to government U.K.

2.  A qualifying entity being a party to a relevant public contract where the contract contains one or more of the features set out in paragraph 2.

Commencement Information

I2 Sch. 7 para. 2 in force at 4.1.2022, see reg. 1(2)

3.  The features referred to in paragraph 1 are—

(a) either or both the processing or storage of material to which a security classification of SECRET or TOP SECRET has been applied in accordance with the document titled “Government Security Classifications Version 1.1 – May 2018”(2) published by the Cabinet Office;

(b) a requirement to have List X accreditation as described in the document titled “Security Requirements for List X Contractors Version 10.0 – April 2014” published by the Cabinet Office(3);

(c) a requirement for employees of the qualifying entity to be vetted at or above ‘Security Check’ level as described in guidance titled “National security: vetting clearance levels” published on 12 February 2020(4) by the United Kingdom Security Vetting.

Commencement Information

I3 Sch. 7 para. 3 in force at 4.1.2022, see reg. 1(2)

(1)

S.I. 2015/102. The regulation has been amended but the amendments do not affect the definition of “contracting authorities”.

(2)

https://www.gov.uk/government/publications/government-security-classifications.

(3)

https://www.gov.uk/government/publications/security-requirements-for-list-x-contractors.

(4)

https://www.gov.uk/government/publications/united-kingdom-security-vetting-clearance-levels/national-security-vetting-clearance-levels.