Energy sector operators of essential services under the Network and Information Systems Regulations 2018
Energy sector operators of essential services under the Network and Information Systems Regulations 2018

The following Energy practice note provides comprehensive and up to date legal information covering:

  • Energy sector operators of essential services under the Network and Information Systems Regulations 2018
  • Introduction
  • An overview of energy sector OESs
  • The electricity subsector
  • Electricity supply (note in the context of the NIS Regulations this term includes certain electricity generation)
  • Electricity transmission (note in the context of the NIS Regulations this term includes certain electricity interconnection)
  • Electricity distribution
  • The Irish SEMO
  • The gas subsector
  • Gas supply
  • More...

Introduction

The Network and Information Systems Regulations 2018 (NIS Regulations), SI 2018/506, implement in the UK certain EU derived cybersecurity requirements imposed upon various ‘operators of an essential service’ (OESs) and ‘digital service providers’ (DSPs).

Under the NIS Regulations, OESs are defined to include a wide number of organisations in the UK electricity, oil and gas sectors. This Practice Note sets out who these UK energy sector OESs are.

For the requirements imposed upon OESs and DSPs under the NIS Regulations, SI 2018/506, see Practice Note: The Network and Information Systems Regulations 2018. For detail of the underlying EU legislation implemented in the UK by the NIS Regulations, SI 2018/506, see Practice Note: The Network and Information Systems Directive—timeline.

An overview of energy sector OESs

Pursuant to NIS Regulations, SI 2018/506, reg 8(1), organisations are designated as OESs where they (i) provide a service and satisfy the applicable threshold requirements set out in NIS Regulations, SI 2018/506, Sch 2, and (ii) rely on network and information systems.

This note focuses on the first of these two limbs.

For more on what is meant by network and information systems for the purposes of the NIS Regulations, see Practice Note: The Network and Information Systems Regulations 2018.

However, suffice to say, given the nature of what they do, many of those energy sector participants classed as OESs rely on network and information systems and

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