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The Network and Information Systems Regulations 2018

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This is the original version (as it was originally made).

Independent review of designation decisions and penalty decisions

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19.—(1) If an OES so requests, the relevant competent authority for an OES must appoint an independent person (“the reviewer”) to conduct reviews of a designation or penalty decision made by that authority in relation to that OES.

(2) The Information Commissioner must appoint an independent person (“the reviewer”) to conduct a review of a penalty decision made by the Commissioner in relation to an RDSP, if the RDSP requests a review to be conducted.

(3) An OES may request the reviewer to review a designation or penalty decision made in relation to that OES in order to challenge any of the following matters—

(a)the basis upon which the designation decision was made;

(b)the grounds for imposing a penalty notice;

(c)the sum that is imposed by way of a penalty notice;

(d)the time period within which the penalty notice must be paid.

(4) A RDSP may request the reviewer to conduct a review of a penalty decision made in relation to that RDSP in order to challenge any of the following matters—

(a)the grounds for imposing a penalty notice;

(b)the sum that is imposed by way of a penalty notice;

(c)the time period within which the penalty notice must be paid.

(5) Any request to conduct a review must—

(a)be made in writing, and copied to the relevant competent authority or the Information Commissioner, as the case may be;

(b)set out the reasons for requesting a review and provide any relevant evidence; and

(c)be made within 30 days of receipt of the designation decision or penalty decision.

(6) The relevant competent authority or the Information Commissioner must respond to a request, including to any reasons provided under regulation 19(5)(b), to conduct a review—

(a)in writing to the reviewer, copied to the person who made the request for a review; and

(b)within 30 days of receipt of that request.

(7) The reviewer may extend the time limits mentioned in paragraph (5)(c) or (6)(b) if the reviewer considers it necessary to do so in the interests of fairness and having regard to the facts and circumstances of the particular case.

(8) A request for a review suspends the effect of a designation decision or penalty decision until the review is decided or withdrawn.

(9) The reviewer must uphold or set aside a designation decision or a penalty decision after consideration of the following matters—

(a)the basis upon which the designation decision or penalty decision is challenged;

(b)the response submitted under paragraph (6); and

(c)any relevant evidence.

(10) The reviewer must provide reasons for the decision made under paragraph (9).

(11) In this regulation—

(a)“designation decision” means a decision to designate an operator of essential services made under regulation 8(3); and

(b)“penalty decision” means a decision to serve a penalty notice under regulation 18(1) or (2).

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