Search Legislation

The National Security and Investment Act 2021 (Commencement No. 1 and Transitional Provision) Regulations 2021

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)
 Help about opening options

Opening Options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Statutory Instruments

2021 No. 788

National Security

The National Security and Investment Act 2021 (Commencement No. 1 and Transitional Provision) Regulations 2021

Made

30th June 2021

The Secretary of State, in exercise of the powers conferred by section 66(3) and (4) of the National Security and Investment Act 2021(1), makes the following Regulations:

Citation

1.  These Regulations may be cited as the National Security and Investment Act 2021 (Commencement No. 1 and Transitional Provision) Regulations 2021.

Provisions coming into force on 1st July 2021

2.  The following provisions of the National Security and Investment Act 2021 come into force on 1st July 2021—

(a)sections 3 and 4 (statement about exercise of call-in power);

(b)section 6(2) to (8) (relating to the power to make notifiable acquisition regulations);

(c)section 41(9) (relating to the power to make regulations for the purpose of determining the turnover of a business);

(d)section 53(2) and (3) (relating to the power to make regulations for the procedure for service); and

(e)section 59 (overseas information disclosure).

Transitional provision in respect of overseas information disclosure under Part 9 of the Enterprise Act 2002

3.  The amendment made to section 243(3)(d) of the Enterprise Act 2002(2) by section 59 of the National Security and Investment Act 2021 applies only to information which comes to a public authority on or after 1st July 2021 in connection with an investigation under Part 3 of the Enterprise Act 2002.

Callanan

Parliamentary Under Secretary of State

Department for Business, Energy & Industrial Strategy

30th June 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations bring into force certain provisions of the National Security and Investment Act 2021 (c.25) (“the Act”) and make transitional provision.

Regulation 2(a) brings into force sections 3 and 4 of the Act. Section 3 gives the Secretary of State the power to publish a statement setting out how the Secretary of State expects to exercise the power to give a call-in notice. Section 4 sets out the requirement on the Secretary of State to consult on the statement and lay it before Parliament before publishing it.

Paragraphs (b) to (d) of regulation 2 bring into force provisions relating to the power to make regulations in section 6(1) (notifiable acquisition), section 41(8) (permitted maximum penalties) and section 53(1) (procedure for service).

Regulation 2(e) brings into force section 59 of the Act. Section 59 amends section 243(3)(d) of the Enterprise Act 2002 (c. 40) (“the 2002 Act”) by removing a restriction on a public authority disclosing information to an overseas public authority which comes to it in connection with a merger investigation under Part 3 of the Enterprise Act 2002.

Regulation 3 makes transitional provision in relation to the amendment made by section 59 and provides that it only applies to information which comes to a public authority on or after 1st July 2021 in connection with a merger investigation under Part 3 of the Enterprise Act 2002.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources