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

Associated facilities

3.—(1) A qualifying entity carrying on activities which consist of or include the making available of anything that—

(a) is an associated facility by reference to a qualifying network or qualifying service; and

(b) is not excluded by sub-paragraph (2) or (3).

(2) An associated facility consisting of a building or an entry to a building is excluded by this sub-paragraph unless the main purpose of the building is to host a network element that is active.

(3) An associated facility other than a building or an entry to a building is excluded by this sub-paragraph if the associated facility is an element (such as a pipe, mast, duct, antenna installation, tower or pole) which—

(a) is not itself active; and

(b) is designed merely to host either or both of the following—

(i) other network elements that are not active;

(ii) cables (including strands of optical fibre).

(4) In this paragraph—

“associated facility” has the meaning given by section 32(3) of the Communications Act 2003(1) but as if the reference in that provision to a “facility, element or service” included a reference to a cable landing station;

“qualifying network” means a public electronic communications network provided by a qualifying entity falling within paragraph 2;

“qualifying service” means a public electronic communications service provided by a qualifying entity falling within paragraph 2.

(1)

Section 32(3) was substituted by S.I. 2011/1210.