SCHEDULE 9Data infrastructure
Interpretation
1.
In this Schedule—
“administrative access” refers to either or both authorisation or access granted via either or both logical or administrative access controls by virtue of which an entity may access relevant data infrastructure or control access to relevant data infrastructure where such access would otherwise be restricted or compartmented and where such access would permit the modification of the relevant data infrastructure in a way that was not authorised;
“public electronic communications network” has the meaning given in section 151(1) of the Communications Act 2003;
“public electronic communications service” has the meaning given in section 151(1) of the Communications Act 2003;
“public sector authority” means an authority listed in paragraph 2;
“relevant activity” means storing, processing or transmitting data in digital form which are used in connection with the administration and operation of a public sector authority;
“relevant data infrastructure” is physical or virtualised infrastructure, which—
(a)
is used for a relevant activity and the qualifying entity—
- (i)
has a contract with a public sector authority to provide the relevant activity; or
- (ii)
is a sub-contractor who has been notified that it is in a chain of sub-contractors which begins with the contractor that has a contract with the public sector authority for the purpose of providing the relevant activity, where the sub-contractor is providing a relevant activity that would fulfil or contribute towards the fulfilment of the main contract;
(b)
is provided for peering, interconnection or exchange of digital data between providers of public electronic communications networks and/or providers of public electronic communications services but which is not owned by a provider of public electronic communications networks or a provider of a public electronic communications service; or
(c)
enables the interconnection of one or more public electronic communications networks with an electronic communications network where part of that network is provided by means of a submarine cable system;
“specialist or technical services” means either or both—
(a)
equipment installation services;
(b)
equipment repair and maintenance services;
“submarine cable system” means a system of fibre optic cables which—
- (i)
are beneath the sea (whether on or in the seabed or in a tunnel); and
- (ii)
are intended for the conveyance of signals.
Interpretation – public sector authority
2.
The authorities referred to in the definition of a “public sector authority” in paragraph 1 are set out in the following Table.
Public sector authority |
|---|
Prime Minister’s Office |
Attorney General’s Office |
Crown Prosecution Service |
Government Legal Department |
Serious Fraud Office |
Cabinet Office |
Crown Commercial Service |
Government Property Agency |
The Electoral Commission |
UK Statistics Authority |
F1Department 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 |
Department for Education |
Education and Skills Funding Agency |
Office of Qualifications and Examinations Regulation (Ofqual) |
Office for Standards in Education, Children’s Services and Skills (Ofsted) |
Teaching Regulation Agency |
Department for Environment, Food and Rural Affairs |
Water Services Regulation Authority (Ofwat) |
F2. . . |
F2. . . |
Department for Transport |
Civil Aviation Authority |
Driver and Vehicle Licensing Agency |
Maritime and Coastguard Agency |
Office of Rail and Road |
Department for Work and Pensions |
Health and Safety Executive |
Office for Nuclear Regulation |
Department of Health and Social Care |
F3NHS England |
Joint Committee on Vaccination and Immunisation |
Medicines and Healthcare products Regulatory Agency |
Public Health England |
UK Health Security Agency |
Foreign, Commonwealth and Development Office |
Wilton Park |
GCHQ |
HM Treasury |
Bank of England |
Financial Conduct Authority |
Government Actuary’s Department |
Government Internal Audit Agency |
HM Revenues and Customs |
National Audit Office |
National Infrastructure Commission |
National Savings and Investments |
Office for Budget Responsibility |
UK Debt Management Office |
Valuation Office Agency |
Home Office |
National Crime Agency |
Investigatory Powers Commissioner’s Office |
Ministry of Defence |
Defence Electronics and Components Agency |
Defence Equipment and Support |
Defence Science and Technology Laboratory |
Submarine Delivery Agency |
United Kingdom Hydrographic Office |
Ministry of Housing, Communities and Local Government |
Queen Elizabeth II Centre |
Ministry of Justice |
Criminal Injuries Compensation Authority |
HM Courts and Tribunals Service |
HM Prison and Probation Service |
Legal Aid Agency |
Office of the Public Guardian |
Supreme Court of the United Kingdom |
Northern Ireland Office |
Office of the Advocate General for Scotland |
Office of the Leader of the House of Commons |
Office of the Leader of the House of Lords |
Office of the Secretary of State for Scotland |
Office of the Secretary of State for Wales |
Secret Intelligence Service |
Security Service |
Northern Ireland Executive |
The Executive Office |
Department of Agriculture, Environment and Rural Affairs |
Department for Communities |
Department for the Economy |
Department of Education |
Department of Finance |
Department of Health |
Department for Infrastructure |
Department of Justice |
Invest Northern Ireland |
The Scottish Government |
Crown Office and Procurator Fiscal Service |
Disclosure Scotland |
Office of the Accountant in Bankruptcy |
Registers of Scotland |
Revenue Scotland |
Scottish Courts and Tribunals Service |
Scottish Fiscal Commission |
Scottish National Investment Bank |
Scottish Public Pensions Agency |
Social Security Scotland |
Student Awards Agency for Scotland |
The Scottish Ministers |
Transport Scotland |
The Welsh Government |
Permanent Secretary’s Group |
Office of the First Minister Group |
The Health and Social Services Group |
The Economy, Skills and Natural Resources Group |
The Education and Public Services Group |
Activity – data infrastructure
3.
A qualifying entity carrying on any of the activities set out in paragraph 4.
4.
The activities referred to in paragraph 3 are—
(a)
owning or operating relevant data infrastructure;
(b)
managing relevant data infrastructure on behalf of other entities;
(c)
managing facilities where relevant data infrastructure is located;
(d)
providing specialist or technical services to entities carrying on activities described in sub-paragraphs (a), (b) or (c), which give the entity providing those specialist or technical services physical access to relevant data infrastructure;
(e)
providing services where the provision of such services gives the entity providing those services administrative access to relevant data infrastructure;
(f)
producing or developing software designed for use in the services in sub-paragraph (e) which configures or manages the provision of administrative access.