The National Security and Investment Act 2021 (Prescribed Form and Content of Notices and Validation Applications) Regulations 2021

Interpretation U.K.

2.  In these Regulations—

“the Act” means the National Security and Investment Act 2021;

“body” means a body corporate, a partnership or an unincorporated association other than a partnership;

“dual-use items” means goods and technology, including software or information (other than information in the public domain), the export or transfer of which is controlled by virtue of their being specified in the relevant export control legislation;

“national infrastructure sector” means one of the following sectors listed by the Centre for the Protection of National Infrastructure as being sectors capable of containing critical national infrastructure(1)—

(a)

chemicals,

(b)

civil nuclear,

(c)

communications,

(d)

defence,

(e)

emergency services,

(f)

energy,

(g)

finance,

(h)

food,

(i)

government,

(j)

health,

(k)

space,

(l)

transport, and

(m)

water;

“notifying party” means the person who submits a mandatory notice, a validation application or a voluntary notice(2);

“relevant export control legislation” means—

(n)

Annex 1 to Council Regulation (EC) No. 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items(3),

(o)

the Schedule to the Export of Radioactive Sources (Control) Order 2006(4), and

(p)

Schedules 2 and 3 to the Export Control Order 2008(5),

“representative” means a person who has been appointed to act on behalf of another person in connection with the giving of documents under the Act;

[F1 “Secretary of State” includes the Chancellor of the Duchy of Lancaster.]

Textual Amendments

F1 Words in reg. 2 inserted (3.5.2023) by 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 (S.I. 2023/424), art. 1(2), Sch. para. 75 (with art. 17)

Commencement Information

I1 Reg. 2 in force at 4.1.2022, see reg. 1(1)

(1)

https://www.cpni.gov.uk/critical-national-infrastructure-0 as updated on 20th April 2021.

(2)

See section 65 of the Act for the meanings of mandatory notice, validation application and voluntary notice.

(3)

EUR 2009/428 as amended by S.I. 2019/771.

(4)

S.I. 2006/1846, to which there are amendments not relevant to these Regulation.

(5)

S.I. 2008/3231; Schedule 2 was substituted by S.I. 2017/85 and subsequently amended by S.I. 2017/697, 2018/165, 2018/939 and 2019/989 and Schedule 3 was substituted by S.I. 2010/2007 and subsequently amended by S.I. 2012/1910, 2014/1069, 2015/940, 2017/85, 2018/939, 2019/137, 2019/1159 and 2020/1502.