Regulation 9 Revocation

(1)

Even if a person F1is deemed to be designated as an OES under regulation 8(1), the designated competent authority for the OES may revoke the deemed designation F2, by notice in writing, if the authority concludes that an incident affecting the provision of that essential service by that person is not likely to have significant disruptive effects on the provision of the essential service.

(2)

F3The designated competent authority for an OES may revoke the designation of that OES under regulation 8(3), by notice F4in writing, if the conditions mentioned in that regulation are no longer met by that person.

(3)

Before revoking a deemed designation of a person F5as an OES under regulation 8(1), or a designation of a person as an OES under regulation 8(3), the competent authority must—

(a)

serve a notice in writing of proposed revocation on that person;

(b)

provide reasons for the proposed decision;

(c)

invite that person to submit any written representations about the proposed decision within such time period as may be specified by the competent authority; and

(d)

consider any representations submitted by the person under sub-paragraph (c) before a final decision is taken to revoke the designation.

(4)

In order to arrive at the conclusion mentioned in paragraph (1), the competent authority must have regard to the factors mentioned in regulation 8(4).

F6(5)

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Annotations

Textual amendments

F1: Words in reg. 9(1) substituted (31.12.2020) by The Network and Information Systems (Amendment and Transitional Provision etc.) Regulations 2020 (S.I. 2020/1245), regs. 1(1), 7(a)(i) (with reg. 21)
F2: Words in reg. 9(1) substituted (31.12.2020) by The Network and Information Systems (Amendment and Transitional Provision etc.) Regulations 2020 (S.I. 2020/1245), regs. 1(1), 7(a)(ii) (with reg. 21)
F3: Words in reg. 9(2) substituted (31.12.2020) by The Network and Information Systems (Amendment and Transitional Provision etc.) Regulations 2020 (S.I. 2020/1245), regs. 1(1), 7(b)(i) (with reg. 21)
F4: Words in reg. 9(2) inserted (31.12.2020) by The Network and Information Systems (Amendment and Transitional Provision etc.) Regulations 2020 (S.I. 2020/1245), regs. 1(1), 7(b)(ii) (with reg. 21)
F5: Words in reg. 9(3) inserted (31.12.2020) by The Network and Information Systems (Amendment and Transitional Provision etc.) Regulations 2020 (S.I. 2020/1245), regs. 1(1), 7(c) (with reg. 21)
F6: Reg. 9(5) omitted (20.1.2021) by virtue of The Network and Information Systems (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/653), reg. 1(2), Sch. para. 9; 2020 c. 1, Sch. 5 para. 1(1)