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

Interpretation U.K.

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.

Commencement Information

I1 Sch. 9 para. 1 in force at 4.1.2022, see reg. 1(2)

(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.