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Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 (c. 16) (“the Act”) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under paragraphs (a), (b), (c) and (d) of section 8(2)) which apply to this instrument arising from the withdrawal of the UK from the EU.

These Regulations make amendments in the field of cyber security. Part 1 amends the Network and Information Systems Regulations 2018 (S.I. 2018/506) (“the NIS Regulations”), which implement Directive (EU) 2016/1148 of the European Parliament and of the Council concerning measures for a high common level of security of network and information systems across the EU (“the NIS Directive”). Part 1 also revokes Regulation (EU) 2019/881 of the European Parliament and of the Council of 17th April 2019 on ENISA (the European Union Agency for Cybersecurity) and on information and communications technology cybersecurity certification and repealing Regulation (EU) No 526/2013 (Cybersecurity Act) (OJ L 151, 7.6.2019, p. 15) (“the ENISA Regulation”).

The NIS Regulations would not, without these amendments, operate effectively following the withdrawal of the UK from the EU. The changes are necessary to enable the Information Commissioner to regulate digital services providers within scope of the NIS Directive based outside the UK but offering services within the UK, and to require those providers to comply with the NIS Regulations.

The ENISA Regulation is being revoked because it establishes and confers functions upon the European Union Agency for Network and Information Security (ENISA), which is an EU body. The ENISA Regulation is retained by the Act and cannot operate to have any effect in UK law. It is therefore being revoked so as to remove it from the UK statute book.

Part 2 amends the Network and Information Systems (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/653) to correct a drafting error.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.

An Explanatory Memorandum is published alongside the instrument at www.legislation.gov.uk.

The EU instruments referred to above are published at http://eur-lex.europa.eu.