National Security and Investment Act 2021

28 Orders: supplementary

(1) This section applies in relation to an interim order and a final order.

(2) As soon as practicable after making or varying an order, the Secretary of State must serve the order, or the order as varied, on—

(a) each person who is required to comply with the order,

(b) each person to whom the call-in notice was given, and

(c) such other persons as the Secretary of State considers appropriate.

(3) As soon as practicable after varying an order, the Secretary of State must give notice to any person who was previously required to comply with the order but is no longer required to comply with it.

(4) Subject to subsection (5), each order (including each order as varied) or explanatory material accompanying the order must—

(a) state the date on which the order or any variation comes into force or how that date is to be determined,

(b) state each person, or description of person, who is required to comply with the order,

(c) describe the trigger event and entity or asset concerned,

(d) state the reasons for making or varying the order,

(e) state the possible consequences of not complying with the order,

(f) provide information about—

(i) how to apply to the Secretary of State for an order to be varied or revoked, and

(ii) the procedure for judicial review or, in Scotland, an application to the supervisory jurisdiction of the Court of Session.

(5) The Secretary of State may exclude from the copy of an order served on any person within subsection (2), or from any explanatory material accompanying the order, anything the disclosure of which the Secretary of State considers—

(a) would be likely to prejudice the commercial interests of any person, or

(b) would be contrary to the interests of national security.

(6) As soon as practicable after revoking an order, the Secretary of State must give notice to the persons mentioned in subsection (2) that the order has been revoked.