The National Security and Investment Act 2021 (Notifiable Acquisition) (Specification of Qualifying Entities) Regulations 2021

Activity - energy U.K.

3.  The activities referred to in paragraph 2 are—

(a) in respect of any existing upstream petroleum facility that meets the conditions set out in paragraph 4(2)—

(i) owning;

(ii) operating;

(iii) holding a petroleum licence in respect of; or

(iv) where the qualifying entity meets the condition set out in paragraph 4(3), enabling the operation of;

(b) in respect of any new upstream petroleum facility that meets the conditions set out in paragraph 4(4)—

(i) owning;

(ii) operating;

(iii) holding or applying for a petroleum licence in respect of; or

(iv) where the qualifying entity meets the condition set out in paragraph 4(5)—

(aa) developing;

(bb) enabling the operation of; or

(cc) enabling the development of;

(c) holding a transmission licence, distribution licence or interconnector licence under section 6 of the Electricity Act 1989(1) or carrying on any activity in pursuance of an exemption from section 4(1)(b), 4(1)(bb) or 4(1)(d) of the Electricity Act 1989 granted to the qualifying entity by order under section 5(1) of the Electricity Act 1989(2);

(d) where the qualifying entity meets the condition set out in paragraph 4(6)—

(i) holding a generation licence under section 6 of the Electricity Act 1989 or carrying on any activity in pursuance of an exemption from section 4(1)(a) of the Electricity Act 1989 granted to the qualifying entity by order under section 5(1) of the Electricity Act 1989; or

(ii) carrying on aggregation;

(e) holding a licence under section 7 or 7ZA of the Gas Act 1986(3) or carrying on any activity in pursuance of an exemption from sections 5(1)(a) or 5(1)(aa) of the Gas Act 1986 (4) granted to the qualifying entity by order under section 6A(1) of the Gas Act 1986(5);

(f) owning or operating—

(i) any gas processing facility in Great Britain that meets the condition set out in paragraph 4(8); or

(ii) any LNG import or export facility that meets the condition set out in paragraph 4(9);

(g) where the qualifying entity meets the conditions set out in paragraph 4(10), supplying petroleum-based road, aviation or heating fuels (including liquefied petroleum gas) to persons in the United Kingdom.

Commencement Information

I1 Sch. 11 para. 3 in force at 4.1.2022, see reg. 1(2)

(1)

1989 c. 29. Section 6 was substituted by section 30 of the Utilities Act 2000 (c. 27) and was amended by sections 136(1) and 145(5) of the Energy Act 2004. There are other amendments which are not relevant.

(2)

Section 5 was substituted by section 29 of the Utilities Act 2000 and amended by SI 2012/2400. There are other amendments which are not relevant.

(3)

1986 c. 44. Section 7 was substituted by section 5 of the Gas Act 1995 (c. 45) and amended by sections 3(2), 76(2), 76(3) and 76(4) of and Schedule 6(l), paragraph 4 and Schedule 8, paragraph 1 to the Utilities Act 2000 (c. 27), section 149(5), section 197(9) and Schedule 23 Part 1 to the Energy Act 2004 (c. 2) and by S.I. 2011/2704. Section 7ZA was added by section 149(6) of the Energy Act 2004 (c. 20).

(4)

Section 5 was substituted by section 3(1) of the Gas Act 1995 (c. 45) and amended by Schedule 6(I), paragraph 3 to the Utilities Act 2000 and sections 149(2)(a) and 149(2)(b) and 149(3) of the Energy Act 2004 (c. 20). There are other amendments which are not relevant.

(5)

Section 6A was substituted by section 4 of the Gas Act 1995 (c. 45) and amended by Schedule 8, paragraph 1 to the Utilities Act 2000 and SI 2012/2400. There are other amendments which are not relevant.