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

Part 2 Subordinate legislation

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

24.  In article 2 of the Housing (Right to Buy) (Service Charges) Order 1986 (interpretation), in the definition of “index figure”(1)—

(a) for “BEIS” (in both places it occurs) substitute “DBT”;

(b) for “Department for Business, Energy and Industrial Strategy” substitute “Department for Business and Trade”.

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

25.  In regulation 1(2) of the Social Fund Cold Weather Payments (General) Regulations 1988 (interpretation), in the definition of “the Met Office”(2), for “Department for Business, Energy and Industrial Strategy” substitute “Department for Science, Innovation and Technology”.

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

26.  In Schedule 4 to the Planning (Listed Buildings and Conservation Areas) Regulations 1990(3), for “the Secretary of State for Digital, Culture, Media and Sport” (in each place it occurs) substitute “the Secretary of State for Culture, Media and Sport”.

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

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

(2) In article 2 (establishment of the fund)—

(a) the existing text becomes paragraph (1);

(b) in that paragraph—

(i) omit the words from “for all the operations” to “particularly described in Schedule 1 to this Order”;

(ii) omit the words from “From the coming into force” (in the first place it occurs) to the end;

(c) after that paragraph insert—

“(2) The fund is to be for the operations of that part of the Department for Science, Innovation and Technology known as the Patent Office so far as those operations correspond to those described in Schedule 1 to this Order.”

(3) In article 3 (source of loans), for “The Secretary of State for Business, Energy and Industrial Strategy” substitute “The Secretary of State for Science, Innovation and Technology”.

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

28.  In the Schedule to the Bail (Amendment) Act 1993 (Prescription of Prosecuting Authorities) Order 1994, for “The Secretary of State for Business, Energy and Industrial Strategy” substitute “The Secretary of State for Business and Trade”.

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

29.  In regulation 3(3) of the Insolvency Regulations 1994 (interpretation and application), for “the Department for Business, Energy and Industrial Strategy” substitute “the Department for Business and Trade”.

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

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

(2) In article 3 (source of loans), for “The Secretary of State for Business, Energy and Industrial Strategy” substitute “The Secretary of State for Science, Innovation and Technology”.

(3) In Schedule 1 (funded operations) for “the Department for Business, Energy and Industrial Strategy” substitute “the Department for Science, Innovation and Technology”.

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

31.  In regulation 4(7) of the Merchant Shipping (Oil Pollution Preparedness, Response and Co- operation Convention) Regulations 1998 (oil pollution emergency plans), for “the Secretary of State for Business, Energy and Industrial Strategy” substitute “the Secretary of State for Energy Security and Net Zero”.

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

32.  In the Trial of the Pyx Order 1998, in the following places, for “the Department for Business, Energy and Industrial Strategy” substitute “the Department for Business and Trade”—

(a) article 4(4) (preliminary arrangements for the trial);

(b) article 15(2) (verdict).

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

33.  In rule 82.1(2) of the Civil Procedure Rules 1998 (interpretation of Part 82)(4), after sub-paragraph (d) insert—

“(da) “Secretary of State” is to be construed in accordance with section 14(1) of the Act;”.

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

34.  In the Schedule to the Building Societies (Business Names) Regulations 1998 (specification of words, expressions and relevant bodies), in the entry for Polytechnic, in column (2), for “The Department for Business, Energy and Industrial Strategy” substitute “The Department for Science, Innovation and Technology”.

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

35.  In rule 1.2(1) of the Railway Administration Order Rules 2001 (construction and interpretation), in the definition of “the Department”, for “the Department for Business, Energy and Industrial Strategy” substitute “the Department for Business and Trade”.

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

36.—(1) The Police and Criminal Evidence Act 1984 (Department of Trade and Industry Investigations) Order 2002 is amended as follows.

(2) In article 2 (definitions)—

(a) for “BEIS investigator” (in both places it occurs) substitute “DBT investigator”;

(b) for “BEIS investigation” substitute “DBT investigation”;

(c) for “the Secretary of State for Business, Energy and Industrial Strategy” substitute “the Scretary of State for Business and Trade”.

(3) In article 3 (application of certain provisions of the Act to investigations), in paragraph (1)(b) and in the heading, for “BEIS investigations” (in both places it occurs) substitute “DBT investigations”.

(4) In article 4 (modifications)—

(a) for “BEIS investigator” (in each place it occurs) substitute “DBT investigator”;

(b) for “the Secretary of State for Business, Energy and Industrial Strategy” (in each place it occurs) substitute “the Secretary of State for Business and Trade”.

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

37.—(1) The Community Investment Tax Relief (Accreditation of Community Development Finance Institutions) Regulations 2003 are amended as follows.

(2) In the following places, for “Department for Business, Energy and Industrial Strategy” substitute “Department for Business and Trade”—

(a) regulation 7(4);

(b) regulation 12A(2)(5);

(c) regulation 13(1) (in both places where it occurs) and (4);

(d) regulation 15(2)(b)(ii);

(e) regulation 16(3)(b).

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

38.  In the Land Registration Rules 2003, in Schedule 5(6), for “the Secretary of State for Business, Energy and Industrial Strategy” substitute “the Secretary of State for Business and Trade”.

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

39.  In article 2(2) of the Crime (International Co-operation) Act 2003 (Designation of Prosecuting Authorities) Order 2004, for “the Secretary of State for Business, Energy and Industrial Strategy” substitute “the Secretary of State for Business and Trade”.

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

40.  In paragraph (b) of Schedule 1 to the Measuring Instruments (EEC Requirements) (Fees) Regulations 2004 (calculation of variable fee), for “the Department for Business, Energy and Industrial Strategy” substitute “the Department for Business and Trade”.

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

41.  In paragraph 1 of the condition set out in the Schedule to the Electricity (Fuel Mix Disclosure) Regulations 2005, in the definition of “fuel mix disclosure data table”, for “the Department for Business, Energy and Industrial Strategy” substitute “the Department for Energy Security and Net Zero”.

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

42.  In Part 1 of the Schedule to the Damages (Government and Health Service Bodies) Order 2005 (designated government bodies), for “Department for Business, Energy and Industrial Strategy” substitute—

• “Department for Business and Trade

• Department for Energy Security and Net Zero

• Department for Science, Innovation and Technology”.

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

43.  In rule 186(2) of the Energy Administration Rules 2005 (expressions used generally), for “the Department for Business, Energy and Industrial Strategy” substitute “the Department for Energy Security and Net Zero”.

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

44.  In column (2) of the table in Schedule 5 to the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006 (persons to be served with copy of application etc), in row 8 and row 19, for “Secretary of State for Digital, Culture, Media and Sport” substitute “Secretary of State for Culture, Media and Sport”.

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

45.  In regulation 2 of the Guarantees of Origin of Electricity Produced from High-efficiency Cogeneration Regulations 2007 (interpretation)(7), in the definition of “the competent authority”, for “the Secretary of State for Business, Energy and Industrial Strategy” substitute “the Secretary of State for Energy Security and Net Zero”.

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

46.  In the Schedule to the Regulation of Investigatory Powers (Authorisations Extending to Scotland) Order 2007, in column 1 of the table, for “The Department for Business, Energy and Industrial Strategy” substitute “The Department for Business and Trade”.

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

47.  In article 11(g) of the Political Parties, Elections and Referendums Act 2000 (Northern Ireland Political Parties) Order 2007 (disclosure of information by the Commission), for “the Department for Business, Energy and Industrial Strategy” substitute “the Department for Business and Trade”.

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

48.  In clause 1(1) of the model clauses set out in the Schedule to the Petroleum Licensing (Production) (Seaward Areas) Regulations 2008, in the definition of “the Minister”, for “the Secretary of State for Business, Energy and Industrial Strategy” substitute “the Secretary of State for Energy Security and Net Zero”.

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

49.  In article 11(g) of the Political Parties, Elections and Referendums Act 2000 (Northern Ireland Political Parties) Order 2008 (disclosure of information by the Commission), for “the Department for Business, Energy and Industrial Strategy” substitute “the Department for Business and Trade”.

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

50.  In the Export Control Order 2008, in the following places, for “Department for International Trade” substitute “Department for Business and Trade”—

(a) article 33(5) (licence refusals, etc and appeals);

(b) article 44 (service of notices).

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

51.  In clause 1(1) of the model clauses set out in the Schedule to the Offshore Gas Storage and Unloading (Licensing) Regulations 2009, in the definition of “the Minister”, for “the Secretary of State for Business, Energy and Industrial Strategy” substitute “the Secretary of State for Energy Security and Net Zero”.

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

52.  In clause 1(1) of the model clauses set out in the Schedule to the Offshore Exploration (Petroleum, and Gas Storage and Unloading) (Model Clauses) Regulations 2009, in the definition of “the Minister”, for “the Secretary of State for Business, Energy and Industrial Strategy” substitute “the Secretary of State for Energy Security and Net Zero”.

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

53.  In regulation 1(2) of the Charities Act 2006 (Principal Regulators of Exempt Charities) Regulations 2010, in the definition of “Culture Secretary”, for “the Secretary of State for Digital, Culture, Media and Sport” substitute “the Secretary of State for Culture, Media and Sport”.

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

54.  In Part 1 of the Schedule to the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010 (offices and restrictions etc), in column 1 of the table, for “The Department for Business, Energy and Industrial Strategy” substitute “The Department for Business and Trade”.

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

55.  In article 3(b) of the Criminal Justice Act 2003 (Commencement No. 26) Order 2011, for “the Secretary of State for Business, Energy and Industrial Strategy” substitute “the Secretary of State for Business and Trade”.

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

56.  In paragraph 6 of Schedule 15 to the Hinkley Point C (Nuclear Generating Station) Order 2013 (protection of the Environment Agency), for “the Secretary of State for Business, Energy and Industrial Strategy” substitute “the Secretary of State for Energy Security and Net Zero”.

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

57.  In the Energy Savings Opportunity Scheme Regulations 2014, in the following places, for “the Secretary of State for Business, Energy and Industrial Strategy” substitute “the Secretary of State for Energy Security and Net Zero”—

(a) regulation 6(1)(e) (compliance bodies);

(b) regulation 48(2)(a) (appeals).

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

58.—(1) The table in the Schedule to the Public Interest Disclosure (Prescribed Persons) Order 2014 is amended as follows.

(2) In the second column, opposite the entry in the first column for Health and Safety Executive, in paragraph (b), for “Secretary of State for Business, Energy and Industrial Strategy” substitute “Secretary of State for Energy Security and Net Zero”.

(3) In the first column, for “Secretary of State for Business, Energy and Industrial Strategy” substitute “Secretary of State for Business and Trade”.

(4) In the second column, opposite the entry in the first column amended by sub-paragraph (3) above, omit paragraph (c) and the “and” before it.

(5) At the appropriate place insert—

“Secretary of State for Energy Security and Net Zero

Matters relating to the functions of the Secretary of State for Energy Security and Net Zero as a designated competent authority under the Network and Information Systems Regulations 2018.”

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

59.  In Part 1 of Schedule 2 to the Company, Limited Liability Partnership and Business Names (Sensitive Words and Expressions) Regulations 2014 (list of bodies whose views must be sought), in column (2), for “ Department for Business, Energy and Industrial Strategy” (in each place it occurs) substitute “Department for Business and Trade”.

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

60.  In regulation 5B(3)(c) of the Pollution Prevention and Control (Fees) (Miscellaneous Amendments and Other Provisions) Regulations 2015(8), for “the Secretary of State for Business, Energy and Industrial Strategy” substitute “the Secretary of State for Energy Security and Net Zero”.

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

61.  In paragraph 40 of Schedule 2 to the Care and Support (Financial Assessment) (Wales) Regulations 2015 (capital to be disregarded)(9), for “the Secretary of State for Business, Energy and Industrial Strategy” substitute “the Secretary of State for Energy Security and Net Zero”.

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

62.  In article 79(3) of the Renewables Obligation Order 2015 (provision of information), for “the Department for Business, Energy and Industrial Strategy” substitute “the Department for Energy Security and Net Zero”.

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

63.  In Schedule 1 to the Network and Information Systems Regulations 2018 (competent authorities), in column 3 of the table, for “ Secretary of State for Business, Energy and Industrial Strategy” (in each place it occurs) substitute “Secretary of State for Energy Security and Net Zero”.

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

64.  In regulation 46(2)(b) of the Nuclear Safeguards (EU Exit) Regulations 2019 (form of notification)—

(a) for “the Department for Business, Energy and Industrial Strategy” substitute “the Department for Energy Security and Net Zero”;

(b) for “the BEIS” substitute “that Department’s”.

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

65.  In Part 7 of Schedule 16 to the Norfolk Vanguard Offshore Wind Farm Order 2020 (protective provisions), in paragraph 81 for “the Secretary of State for Business, Energy and Industrial Strategy” substitute “the Secretary of State for Energy Security and Net Zero”.

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

66.  In article 2(1) of the A303 (Amesbury to Berwick Down) Development Consent Order 2020, in the definition of “Historic England”, for “the Department for Digital, Culture, Media and Sport” substitute “the Department for Culture, Media and Sport”.

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

67.  In Part 7 of Schedule 9 to the Hornsea Three Offshore Wind Farm Order 2020 (protective provisions), in paragraph 11 for “the Secretary of State for Business, Energy and Industrial Strategy” substitute “the Secretary of State for Energy Security and Net Zero”.

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

68.  In regulation 2(1) of the Town and Country Planning (Cairnryan Border Control Posts) (EU Exit) (Scotland) Special Development Order 2021 (interpretation), in paragraph (b) of the definition of “border department”(10) for “Secretary of State for Business, Energy and Industrial Strategy” substitute “Secretary of State for Business and Trade”.

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

69.  In Part 3 of Schedule 8 to the A303 Sparkford to Ilchester Dualling Development Consent Order 2021 (protective provisions), in paragraph 28, for “the Secretary of State for Business, Energy and Industrial Strategy” substitute “the Secretary of State for Energy Security and Net Zero”.

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

70.  In Schedule 1 to the Proceeds of Crime Act 2002 (References to Financial Investigators) (England and Wales and Northern Ireland) Order 2021 (accredited financial investigators), for “ the Department for Business, Energy and Industrial Strategy” (in each place it occurs) substitute “the Department for Business and Trade”.

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

71.  In regulation 2 of the Space Industry (Appeals) Regulations 2021 (interpretation), in the definition of “UKSA”, for “the Department for Business, Energy and Industrial Strategy” substitute “the Department for Science, Innovation and Technology”.

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

72.  In regulation 1(3) of the National Security and Investment Act 2021 (Monetary Penalties) (Turnover of a Business) Regulations 2021 (interpretation), at the end insert “, and

““Secretary of State” includes the Chancellor of the Duchy of Lancaster.”

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

73.—(1) The table in paragraph 2 of Schedule 9 to the National Security and Investment Act 2021 (Notifiable Acquisition) (Specification of Qualifying Entities) Regulations 2021 (interpretation — public sector authority) is amended as follows.

(2) Omit the entries for “Department for International Trade” and “UK Export Finance (also known as the Exports Credit Guarantee Department)”.

(3) For the entries from “Department for Business, Energy and Industrial Strategy” to “Office of Communications (Ofcom)” substitute—

• “Department for Business and Trade

• Competition and Markets Authority

• HM Land Registry

• UK Export Finance (also known as the Exports Credit Guarantee Department)

• Department for Energy Security and Net Zero

• Office of Gas and Electricity Markets (Ofgem)

• Nuclear Decommissioning Authority

• Department for Science, Innovation and Technology

• Information Commissioner

• Intellectual Property Office

• Meteorological Office

• Office of Communications (Ofcom)

• United Kingdom Space Agency

• Department for Culture, Media and Sport

• The National Archives”

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

74.  In regulation 2(1) of the National Security and Investment Act 2021 (Procedure for Service) Regulations 2021 (interpretation), at the end insert—

““Secretary of State” includes the Chancellor of the Duchy of Lancaster.”

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

75.  In regulation 2 of the National Security and Investment Act 2021 (Prescribed Form and Content of Notices and Validation Applications) Regulations 2021 (interpretation), at the end insert—

““Secretary of State” includes the Chancellor of the Duchy of Lancaster.”

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

76.  In Part 7 of Schedule 17 to the Norfolk Boreas Offshore Wind Farm Order 2021 (protective provisions), in paragraph 81 for “the Secretary of State for Business, Energy and Industrial Strategy” substitute “the Secretary of State for Energy Security and Net Zero”.

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

77.  In Part 7 of Schedule 16 to the Norfolk Vanguard Offshore Wind Farm Order 2022 (protective provisions), in paragraph 81 for “the Secretary of State for Business, Energy and Industrial Strategy” substitute “the Secretary of State for Energy Security and Net Zero”.

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

78.  In Part 2 of Schedule 9 to the A57 Link Roads Development Consent Order 2022 (protective provisions), in paragraph 28 for “the Secretary of State for Business, Energy and Industrial Strategy” substitute “the Secretary of State for Energy Security and Net Zero”.

(1)

The definition of “index figure” was substituted, in relation to England, by S.I. 2010/2769, article 2. The definition has been amended by S.I. 2016/992, Schedule.

(2)

The definition was substituted by S.I. 2016/876.

(3)

Schedule 4 was substituted, in relation to England, by S.I. 2009/2711 and further amended by S.I. 2017/979. It was revoked, in relation to Wales, by S.I. 2012/793.

(4)

Part 82 was inserted by S.I. 2013/1571.

(5)

Regulation 12A was inserted by S.I. 2013/417.

(6)

Schedule 5 was substituted by S.I. 2018/70.

(7)

Regulation 2 was substituted by S.I. 2018/1206.

(8)

Regulation 5B was inserted by S.I. 2017/404.

(9)

Paragraph 40 was inserted by S.I. 2023/67.

(10)

The definition of border department was inserted by S.S.I. 2021/293.