The Network and Information Systems Regulations 2018
S.I. 2018/506 · Made 19 April 2018 · Extends to United Kingdom
Electronic Communications
Made 19th April 2018
Laid before Parliament 20th April 2018
Coming into force 10th May 2018
The Secretary of State is a Minister designated M1 for the purposes of section 2(2) of the European Communities Act 1972 M2 (“the 1972 Act”) in relation to electronic communications.
These Regulations make provision for a purpose mentioned in section 2(2) of the 1972 Act and it appears to the Secretary of State that it is expedient for certain references to provisions of EU instruments to be construed as references to those provisions as amended from time to time.
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 2(2) of, and paragraph 1A M3 of Schedule 2 to, the 1972 Act and by section 56 of the Finance Act 1973 M4 (“the 1973 Act”) and, in the case of section 56 of the 1973 Act, with the consent of the Treasury.
Annotations to the whole text
Marginal citations
- M1
S.I. 2001/3495. See article 2 of, and Schedule 1 to, these Regulations. There are amendments not relevant to these Regulations.
- M2
1972 c.68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7). In so far as these Regulations deal with matters that are within the devolved competence of Scottish Ministers, the power of the Secretary of State to make regulations in relation to those matters in or as regards Scotland is preserved by section 57(1) of the Scotland Act 1998 (c.46).
- M3
Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 and amended by Part 1 of the Schedule to the European Union (Amendment) Act 2008 and by article 3 of and paragraph 1 of Schedule 1 to SI 2007/1388.
- M4
1973 c.51. Section 56 was amended by S.I. 2011/1043; there are other amendments not relevant to these Regulations.
Contents
- Part 1: Introduction
- 1Citation, commencement, interpretation and application
- Part 2: The National Framework
- 2The NIS national strategy
- 3Designation of national competent authorities
- 4Designation of the single point of contact
- 5Designation of computer security incident response team
- 6Information sharing – enforcement authorities
- 7Information sharing – Northern Ireland
- Part 3: Operators of essential services
- 8Identification of operators of essential services
- 8ANomination by an OES of a person to act on its behalf in the United Kingdom
- 9Revocation
- 10The security duties of operators of essential services
- 11The duty to notify incidents
- Part 4: Digital Services
- 12Relevant digital service providers
- 13Co-operation with the European Union
- 14Registration with the Information Commission
- 14ARepresentatives of digital service providers established outside the United Kingdom
- Part 5: Enforcement and penalties
- 15Information notices
- 16Power of inspection
- 17Enforcement notices for breach of duties
- 18Penalties
- 19Independent review of designation decisions and penalty decisions Repealed
- 19AAppeal by an OES or RDSP to the First-tier Tribunal
- 19BDecision of the First-tier Tribunal
- A20Enforcement by civil proceedings
- 20Enforcement of penalty notices
- Part 6: Miscellaneous
- 21Fees
- 22Proceeds of penalties
- 23Enforcement action – general considerations
- 24Service of documents
- 25Review and report
- Signature
- Schedule 1Designated Competent Authorities
- Schedule 2: Essential Services and Threshold Requirements
- 1The electricity subsector
- 2The oil subsector
- 3The gas subsector
- 4The air transport subsector
- 5The water transport subsector
- 6The rail transport subsector
- 7The road transport subsector
- 8The healthcare subsector
- 9The drinking water supply and distribution subsector
- 10The digital infrastructure subsector
- Explanatory note