National Security and Investment Act 2021

• (b) any other assistance which the Secretary of State may by direction reasonably require for the purpose of facilitating the exercise by the Secretary of State of functions under this Act and which it is within the power of the Authority to give.

Data protection

Data protection

57

• (1) This section applies to a duty or power to disclose or use information where the duty or power is imposed or conferred by or under any provision of Parts 1 to 4 of this Act.

• (2) A duty or power to which this section applies does not operate to require or authorise the disclosure or use of information if the disclosure or use—

• (a) would contravene the data protection legislation (but the duty or power is to be taken into account in determining whether the disclosure or use would contravene that legislation), or

• (b) is prohibited by any of Parts 1 to 7 of, or Chapter 1 of Part 9 of, the Investigatory Powers Act 2016.

• (3) In this section “data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

Minor amendments, etc

Minor and consequential amendments and revocations

58

Schedule 2 contains minor amendments and amendments and revocations which are consequential on this Act.

Disclosure of information under the Enterprise Act 2002

Overseas information disclosure

59

In section 243(3)(d) of the Enterprise Act 2002, omit “3 or”.

Defamation

Defamation

60

For the purposes of the law relating to defamation, absolute privilege attaches to any notice or direction given, or decision, report or order made, by the Secretary of State or the Competition and Markets Authority in the exercise of functions under or by virtue of this Act.

Annual report

Annual report

61

• (1) The Secretary of State must, in relation to each relevant period—

• (a) prepare a report in accordance with this section, and

• (b) lay a copy of it before each House of Parliament as soon as is practicable after the end of that period.

• (2) Each report must provide details of—

• (a) the expenditure incurred by the Secretary of State in giving, or in connection with giving, financial assistance falling within section 30,

• (b) the amount of the actual or contingent liabilities of the Secretary of State at the end of the relevant period in respect of such financial assistance,

• (c) the number of mandatory notices accepted,

• (d) the number of mandatory notices rejected,

• (e) the average number of working days—

• (i) from receipt of a mandatory notice to notification of a decision to accept that notice, and

• (ii) from receipt of a mandatory notice to giving written reasons for a decision to reject that notice,

• (f) the sectors of the economy in relation to which mandatory notices were given,

• (g) the number of voluntary notices accepted,

• (h) the number of voluntary notices rejected,

• (i) the average number of working days—

• (i) from receipt of a voluntary notice to notification of a decision to accept that notice, and

• (ii) from receipt of a voluntary notice to giving written reasons for a decision to reject that notice,

• (j) the sectors of the economy in relation to which voluntary notices were given,

• (k) the number of call-in notices given,

• (l) the sectors of the economy in relation to which call-in notices were given,

• (m) the number of final notifications given,

• (n) the number of final orders made,

• (o) the number of final orders varied,

• (p) the number of final orders revoked.

• (3) “Relevant period” means—

• (a) the period beginning with the day on which this section comes into force and ending with the following 31 March, and

• (b) each subsequent period of 12 months.

PART 5 — Final provisions

Transitional and saving provision in relation to the Enterprise Act 2002

62

• (1) Nothing in this Act has effect in relation to anything that took place before 12 November 2020.

• (2) Subsections (3) and (4) apply in relation to events which constitute a trigger event described in section 2(4), unless any action has been taken under this Act in relation to the events.

• (3) If, disregarding the effect of any amendment made by this Act to the Enterprise Act 2002, the Secretary of State could, in relation to the events—

• (a) give an intervention notice under section 42(2) of that Act,

• (b) give a special intervention notice under section 59(2) of that Act, or

• (c) give a European intervention notice under section 67(2) of that Act,

the Secretary of State may give the notice on or after the day on which this section comes into force.

• (4) If any such notice is given in relation to events to which this section applies—

• (a) before the day on which this section comes into force, or

• (b) by virtue of subsection (3), on or after the day on which this section comes into force,

nothing in this Act has effect in relation to the events (and, accordingly, the Enterprise Act 2002 continues to have effect in relation to the events, disregarding the effect of any amendment made by this Act to that Act.)

• (5) Regulations under section 66(4)(b) may make further provision for the purposes of this section.

Regulations under this Act

63

• (1) This section applies to regulations under this Act other than regulations under section 66 (commencement regulations).

• (2) Regulations are to be made by statutory instrument.

• (3) Regulations may contain consequential, transitional, transitory or saving provision.

• (4) Subject to subsection (5), a statutory instrument containing regulations is subject to annulment in pursuance of a resolution of either House of Parliament.

• (5) A statutory instrument containing (whether alone or with other provision) regulations under any of the following may not be made unless a draft of it has been laid before Parliament and approved by a resolution of each House—

• (a) section 6(1),

• (b) section 11(3),

• (c) section 41(8).

Financial provision

64

Any expenditure incurred by the Secretary of State under or by virtue of this Act is to be paid out of money provided by Parliament.

Interpretation

65

In this Act—

• “acquirer” has the meaning given by section 5(2),

• “assessment period” has the meaning given in section 23,

• “attendance notice” means a notice given under section 20(1),

• “business” includes—a professional practice,an undertaking which is carried on for gain or reward,an undertaking in the course of which goods or services are supplied otherwise than free of charge, andreferences to a person carrying on business include references to a person carrying on business in partnership with one or more other persons,

• “call-in notice” means a notice given under section 1(1),

• “cost recovery notice” means a notice given under section 45(1),

• “cost variation notice” means a notice given under section 46(3),

• “final notification” has the meaning given by section 26(2),

• “final order” means an order made under section 26(3),

• “information notice” means a notice given under section 19(1),

• “interim order” means an order made under section 25(1),

• “mandatory notice” means a notice given under section 14(1),

• “monetary penalty” has the meaning given by section 40(3),

• “notifiable acquisition” has the meaning given by section 6(2) (and see subsection (3) of that section),

• “notifiable acquisition regulations” means regulations made under section 6(1),

• “penalty notice” means a notice given under section 40(1),

• “penalty variation notice” means a notice given under section 42(3),

• “qualifying asset” has the meaning given by section 7(4),

• “qualifying entity” has the meaning given by section 7(2),

• “Secretary of State” includes the Chancellor of the Duchy of Lancaster,

• “the territorial sea” means the territorial sea adjacent to the United Kingdom,

• “trigger event” has the meaning given by section 5(1) and includes, where the context requires, a trigger event that has not yet taken place,

• “United Kingdom national” means an individual who is—a British citizen, a British overseas territories citizen, a British National (Overseas) or a British Overseas citizen,a person who under the British Nationality Act 1981 is a British subject, ora British protected person within the meaning of that Act,

• “validation application” has the meaning given by section 16(2),

• “validation notice” means a notice given under section 15(2)(b), 16(7)(b)(ii) or 17(2) (and see section 15(3)),

• “voluntary notice” means a notice given under section 18(2),

• “working day”, in relation to a part of the United Kingdom, means a day other than—a Saturday or Sunday, ora day which is a bank holiday under the Banking and Financial Dealings Act 1971 in that or any other part of the United Kingdom.

Short title, commencement and extent

66

• (1) This Act may be cited as the National Security and Investment Act 2021.

• (2) This Part of this Act and the following provisions of this Act (which contain powers to make regulations) come into force on the day on which this Act is passed—

• (a) section 6(1),

• (b) section 11(3),

• (c) section 14(4),

• (d) section 16(3),

• (e) section 18(4),

• (f) section 36(5),

• (g) section 41(8),

• (h) section 53(1).

• (3) The rest of this Act comes into force on such day as the Secretary of State may by regulations made by statutory instrument appoint.

• (4) Regulations under subsection (3) may—

• (a) appoint different days for different purposes;

• (b) make transitional, transitory or saving provision.

• (5) This Act extends to England and Wales, Scotland and Northern Ireland, except that the amendment or repeal of any enactment has the same extent as the enactment amended or repealed.

SCHEDULE 1

Joint interests

1

If two or more persons each hold an interest or right jointly, each of them is treated as holding that interest or right.

Joint arrangements

2

• (1) If interests or rights held by a person and interests or rights held by another person are the subject of a joint arrangement between those persons, each of them is treated as holding the combined interests or rights of both of them.

• (2) A “joint arrangement” is an arrangement between the holders of interests or rights that they will exercise all or substantially all the rights conferred by their respective interests, or their respective rights, jointly in a way that is pre-determined by the arrangement.

Indirect holdings

3

• (1) An interest or right held indirectly by a person is to be treated as held by the person.

• (2) A person holds an interest or right “indirectly” if the person has a majority stake in an entity and that entity—

• (a) holds the interest or right, or

• (b) is part of a chain of entities—

• (i) each of which (other than the last) has a majority stake in the entity immediately below it in the chain, and

• (ii) the last of which holds the interest or right.

• (3) For these purposes, A has a “majority stake” in B if—

• (a) A holds a majority of voting rights in B,

• (b) A is a member of B and has the right to appoint or remove a majority of the board of directors of B,

• (c) A is a member of B and controls alone, pursuant to an agreement with other shareholders or members, a majority of the voting rights in B, or

• (d) A has the right to exercise, or actually exercises, dominant influence or control over B.

• (4) In the application of this paragraph to the right to appoint or remove a majority of the board of directors, an entity is to be treated as having the right to appoint a director if—

• (a) a person's appointment as director follows necessarily from that person's appointment as director of the entity, or

• (b) the directorship is held by the entity itself.

• (5) In this paragraph—

• (a) the reference to the right to appoint or remove a majority of the board of directors of an entity is to the right to appoint or remove directors holding a majority of the voting rights at meetings of the board on all or substantially all matters,

• (b) the reference to the board of directors, in the case of an entity that does not have such a board, is to be read as a reference to the equivalent management body of that entity,

• (c) references to “voting rights” are to be read in accordance with section 8(7).

Interests held by nominees

4

An interest held by a person as nominee for another is to be treated as held by the other (and not by the nominee).

Rights treated as held by person who controls their exercise

5

• (1) Where a person controls a right, the right is to be treated as held by that person (and not by the person who in fact holds the right, unless that person also controls it).

• (2) A person “controls” a right if, by virtue of any arrangement between that person and others, the right is exercisable only—

• (a) by that person,

• (b) in accordance with that person's directions or instructions, or

• (c) with that person's consent or concurrence.

Rights exercisable only in certain circumstances etc

6

• (1) Rights that are exercisable by a person only in certain circumstances are to be treated as held by the person only—

• (a) when the circumstances have arisen, and for so long as they continue to obtain, or

• (b) when the circumstances are within the control of the person.

• (2) But rights that are exercisable by an administrator or by creditors while an entity is in relevant insolvency proceedings are not to be regarded as held by the administrator or creditors even while the entity is in those proceedings.

• (3) “Relevant insolvency proceedings” means—

• (a) administration within the meaning of the Insolvency Act 1986,

• (b) administration within the meaning of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19)), or

• (c) proceedings under the insolvency law of another country or territory during which an entity's assets and affairs are subject to the control or supervision of a third party or creditor.

• (4) Rights that are normally exercisable but are temporarily incapable of exercise are not for that reason to be treated as not being held.

Rights attached to shares held by way of security

7

Rights attached to shares held by way of security provided by a person are to be treated as held by that person—

• (a) where apart from the right to exercise them for the purpose of preserving the value of the security, or of realising it, the rights are exercisable only in accordance with that person's instructions, and

• (b) where the shares are held in connection with the granting of loans as part of normal business activities and apart from the right to exercise them for the purpose of preserving the value of the security, or of realising it, the rights are exercisable only in that person's interests.

Connected persons

8

Two or more persons who are connected with each other (within the meaning given by paragraph 9 or 10) are each to be treated as holding the combined interests or rights of both or all of them.

9

• (1) Two or more undertakings are connected if they are group undertakings in respect of each other.

• (2) In sub-paragraph (1), “undertaking” and “group undertaking” have the same meanings as in the Companies Act 2006 (see section 1161 of that Act).

10

• (1) An individual, A, is connected with another individual, B, if—

• (a) A is B's spouse, civil partner or cohabitee,

• (b) A is a relative of B,

• (c) A is the spouse, civil partner or cohabitee of a relative of B,

• (d) A is a relative of B's spouse, civil partner or cohabitee, or

• (e) A is the spouse, civil partner or cohabitee of a relative of B's spouse, civil partner or cohabitee.

• (2) For the purposes of sub-paragraph (1)—

• (a) two persons who are living together as if they were a married couple or civil partners are cohabitees,

• (b) references to a spouse, civil partner or cohabitee include a former spouse, civil partner or cohabitee, and

• (c) “relative” means a brother, sister, uncle, aunt, nephew, niece, lineal ancestor or descendant (the stepchild of any person, or anyone adopted by a person, whether legally or otherwise, as their child, being regarded as a relative or taken into account to trace a relationship in the same way as that person's child).

Common purpose

11

• (1) Two or more persons who share a common purpose in relation to an asset or entity are each to be treated as holding the combined interests or rights of both or all of them.

• (2) The cases in which persons share a common purpose in relation to an entity include (but are not limited to) cases in which the persons co-ordinate their influence on the activities, operations, governance or strategy of the entity.

• (3) The cases in which persons share a common purpose in relation to an asset include (but are not limited to) cases in which the persons co-ordinate their influence on the way in which the asset is used, and section 9(2) applies for the purposes of this sub-paragraph.

Arrangements

12

• (1) In this Schedule “arrangement” includes—

• (a) any scheme, agreement or understanding, whether or not it is legally enforceable, and

• (b) any convention, custom or practice of any kind.

• (2) But something does not count as an arrangement unless there is at least some degree of stability about it (whether by its nature or terms, the time it has been in existence or otherwise).

SCHEDULE 2

1

The Enterprise Act 2002 is amended in accordance with paragraphs 2 to 10.

2

• (1) Section 23 (relevant merger situations) is amended as follows.

• (2) For subsections (1) and (2) substitute—

(1) For the purposes of this Part, a relevant merger situation has been created if— (a) two or more enterprises have ceased to be distinct enterprises at a time or in circumstances falling within section 24; and (b) the value of the turnover in the United Kingdom of the enterprise being taken over exceeds £70 million. (2) For the purposes of this Part, a relevant merger situation has also been created if— (a) two or more enterprises have ceased to be distinct enterprises at a time or in circumstances falling within section 24; and (b) as a result, one or both of the conditions mentioned in subsections (3) and (4) below prevails or prevails to a greater extent.

• (3) Omit subsections (2A), (4A) and (4B).

• (4) In subsection (5), for “(3), (4), (4A) or (4B)” substitute “ (3) or (4) ”.

• (5) In subsection (6), for “(3), (4), (4A) and (4B)” substitute “ (3) and (4) ”.

• (6) Omit subsection (10).

3

Omit section 23A.

4

In section 35(7) (questions to be decided in relation to completed mergers), for “, for the purposes of section 23(2)(b), the share of supply test is met,” substitute “ any such result as is mentioned in section 23(2)(b) has arisen, ”.

5

In section 36(6) (questions to be decided in relation to anticipated mergers), for “, for the purposes of section 23(2)(b), the share of supply test will be met,” substitute “ any such result as is mentioned in section 23(2)(b) will arise, ”.

6

In section 48(3) (cases where references or certain questions need not be decided), for “, for the purposes of section 23(2)(b), the share of supply test is or will be met,” substitute “ any such result as is mentioned in section 23(2)(b) has arisen or the question whether any such result will arise, ”.

7

In section 58 (specified considerations), omit subsections (1) and (2).

8

In section 59 (intervention by Secretary of State in special public interest cases), omit subsections (3)(b)(i), (3B), (8) and (9).

9

In section 153 (specified considerations), omit subsection (2).

10

In paragraph 20(1) of Schedule 8 (national security) omit “(within the meaning of section 58(1))”.

11

In consequence of the preceding paragraphs, the following are revoked—

• (a) the Enterprise Act 2002 (Share of Supply Test) (Amendment) Order 2018 (S.I. 2018/578),

• (b) the Enterprise Act 2002 (Turnover Test) (Amendment) Order 2018 (S.I. 2018/593),

• (c) the Enterprise Act 2002 (Share of Supply) (Amendment) Order 2020 (S.I. 2020/748), and

• (d) the Enterprise Act 2002 (Turnover Test) (Amendment) Order 2020 (S.I. 2020/763).

Call-in notice for national security purposes

Meaning of “assessment period”

Offence of completing notifiable acquisition without approval

Prosecution

Appeals against monetary penalties

Procedure for service, etc

Transitional and saving provision in relation to the Enterprise Act 2002

Joint interests

Joint arrangements

Indirect holdings

Interests held by nominees

Rights treated as held by person who controls their exercise

Rights exercisable only in certain circumstances etc

Rights attached to shares held by way of security

Connected persons

Common purpose

Arrangements

Editorial notes

[^c24533831]: S. 6(1) in force at 29.4.2021, see s. 66

[^c24533841]: S. 11(3) in force at 29.4.2021, see s. 66

[^c24533851]: S. 14(4) in force at 29.4.2021, see s. 66

[^c24533861]: S. 16(3) in force at 29.4.2021, see s. 66

[^c24533871]: S. 18(4) in force at 29.4.2021, see s. 66

[^c24533881]: S. 36(5) in force at 29.4.2021, see s. 66

[^c24533891]: S. 41(8) in force at 29.4.2021, see s. 66

[^c24533901]: S. 53(1) in force at 29.4.2021, see s. 66

[^key-4f586a6e0fd48bde32ae51e28b5e4358]: S. 6(2)-(8) in force at 1.7.2021 by S.I. 2021/788, reg. 2(b)

[^key-7829f70540313b8a20c7e89569380a62]: S. 59 in force at 1.7.2021 by S.I. 2021/788, reg. 2(e) (with reg. 3)

[^key-08adf20056dade3ad20438962e0365a9]: S. 3 in force at 1.7.2021 by S.I. 2021/788, reg. 2(a)

[^key-6b5ff941676952aa11500969dc4abdb7]: S. 4 in force at 1.7.2021 by S.I. 2021/788, reg. 2(a)

[^key-ce1b11913540760c2a21cd9c4654d650]: S. 41(9) in force at 1.7.2021 by S.I. 2021/788, reg. 2(c)

[^key-e2507e819b50cb85c33dbb228f274754]: S. 53(2)(3) in force at 1.7.2021 by S.I. 2021/788, reg. 2(d)

[^key-04b2d20cdcdfcc814e91c555906754f5]: S. 14(1)-(3)(5)-(10) in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-e79ed65638d6aab023461103d5db28df]: S. 16(1)(2)(4)-(9) in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-bd644d1ba5c419a826ffcabca48ae5c7]: S. 18(1)-(3)(5)-(10) in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-818384976ada8130073f0f853dba410a]: S. 36(1)-(4) in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-8cce63c14b60016f0ceecb61eb88772c]: S. 41(1)-(7) in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-f5db7afdcb69918bba40c01cf55751a9]: S. 1 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-b2db48b6c56c4b4b7607263e2507d53a]: S. 2 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-0dd2fa656198bb0a783cba063eb24c10]: S. 5 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-65c4eb62f4ef5a024d3f550b1b1c1047]: S. 7 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-59d575105d1f88555eb861c28a560d94]: S. 8 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-1874ea37b5f6bba112636ea66c9cb32e]: S. 9 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-e8611ee57896d8fea28a7276861032a5]: S. 10 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-48335680c362e51d459fd6a7af9bf15c]: S. 11(1)(2) in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-46cac966e91093150ac8f8e37b6863d2]: S. 12 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-60e208cdba5ea2fea1b4003ceccf9777]: S. 13 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-217cce03d3b1297ef526409aa5898f94]: S. 15 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-844dfb4ea7a47a6db5e3b866aaf41c30]: S. 17 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-28e9d43b12212c679124f80d9b196ddb]: S. 19 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-3b696b3c735d10ff94cb56ed5f1e883b]: S. 20 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-c6066d6418d2a8540c993150e8c0ed64]: S. 21 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-944f2a405e70cb928a0727fee4d1c2c9]: S. 22 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-1edde2d3dabf2cab363c53c9ce119058]: S. 23 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-2ff07cf2588114e4d40714f817608723]: S. 24 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-837c67e6bbc97c3c9a1f720ef24af062]: S. 25 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-ad98f25f93dff667edc6896dd91cea8f]: S. 26 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-bc0b16a4b577191f3ee1401c4c99abd3]: S. 27 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-e69d63677deb7a4ae50e2fc8bbb31610]: S. 28 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-59f9da67805e502ab0b3f95725686527]: S. 29 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-e906adeb56a3f356f97abfe93813f45b]: S. 30 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-8b4fac80cb17306c73d5973bd6c3d581]: S. 31 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-d2c0ddd500d8f2a3ec0db97fe0bf6560]: S. 32 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-8c47ac6dbe6bbbfe57a05bfe20314fa5]: S. 33 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-80515891b0c49b0c4118d78c2ad962de]: S. 34 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-68781b8f726dde00cf6d8d54fded7966]: S. 35 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-253f56ad5590a8cb44281ef2e939cadb]: S. 37 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-3dce27e29013fd3fae7b06823904054c]: S. 38 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-a726e38b200dbb8e3430c0b2d89ae144]: S. 39 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-3cffd0195240413e909e462ce6d24465]: S. 40 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-2533decc3755e4b6ed3f0f0ed9b99ce3]: S. 42 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-4a0ea53bc4fc76a189b901d07cfed449]: S. 43 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-341342ef498362ffad5c0f97a652817d]: S. 44 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-10a7732e8a33c84aba752b9663d5838d]: S. 45 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-08216dcf3c5f6b70099f3f8e55e4cd3f]: S. 46 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-035c610b5ec2286d2ed613f6595ff170]: S. 47 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-7ee505576b523bb7472f51d9267ee122]: S. 48 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-5d1dde05b70a5ee031d55c3057bdbf8a]: S. 49 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-3325785baea4370e406d6d856eac9bdc]: S. 50 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-b5c305a610dd6b27033500d2b351aaee]: S. 51 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-3091fe635af11c9c5b261ae76106ceaf]: S. 52 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-3eb139056dd5bb4d8e3b1cd3465d6dcc]: S. 54 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-0530068088397acccec74d720fac42dc]: S. 55 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-c05864453259342a22f87e6b2ec61459]: S. 56 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-6489d9638de40dfba35ef7f4657ecfcc]: S. 57 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-d1de83eb059b91243b5eba02ec61d8f4]: S. 58 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-f20befde82e8de4cebb39c53120ea907]: S. 60 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-0cf00c432c3026ff4312164b9ea2c3b6]: S. 61 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-e4a6a560e245c8d233aa1adeb007050e]: Sch. 1 para. 1 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-a52e948e40e685f177c59b024cf9d846]: Sch. 1 para. 2 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-610dc76d1f1d6210c394db3406648f52]: Sch. 1 para. 3 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-a18a519e2ed89cdb4fef3924adadc6f5]: Sch. 1 para. 4 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-d9445faef7cbbc09ec3149fac50ece68]: Sch. 1 para. 5 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-c67d52d63d3176f771a7b23f4ba763f3]: Sch. 1 para. 6 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-c1916597fe9d24f032b687989a2cb66b]: Sch. 1 para. 7 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-172b013d8797a610c468ec8aedd2ce8a]: Sch. 1 para. 8 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-263cab83d50d4b1481694e2fa2ed29e4]: Sch. 1 para. 9 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-491ebd7636903c84b648c56fd625ef3b]: Sch. 1 para. 10 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-fabbfad755d2eef300d530056a3a144f]: Sch. 1 para. 11 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-5128f7373afce206135ff7af8cedd5ba]: Sch. 1 para. 12 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-a70d86fd6d133db8cd56b513b9292c8f]: Sch. 2 para. 1 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-83650ddb44b985f6263e5d6815ae730e]: Sch. 2 para. 2 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-ba06a26e49364fe7539c1c6c83da931e]: Sch. 2 para. 3 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-3b3025d943f8ba21dbca7cd3661b59c8]: Sch. 2 para. 4 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-0dadbb11cb8e7cca60bc57b97b9b733c]: Sch. 2 para. 5 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-b2242af2e5df8132593578c9a415951c]: Sch. 2 para. 6 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-a2c65ec076dcc09fce941d0eee88e369]: Sch. 2 para. 7 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-8a90ffe4c9b3593e8acb59620f2de20e]: Sch. 2 para. 8 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-73999c3d5d0a353c1a156f0cfe1c21f5]: Sch. 2 para. 9 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-5fe29e5d82aae93c5cd8095e6f49e026]: Sch. 2 para. 10 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-6336fa81e46799e712c0ab3fefc75735]: Sch. 2 para. 11 in force at 4.1.2022 by S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)

[^key-c6f88aabec31c001bc747a26bb4ff64c]: Words in s. 39(3) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1

[^key-ad2e38c837052c9011e40ff91e9ee106]: Words in s. 39(1)(a) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1

[^key-c71d12c17b2e70f4a23b1ed6fce7cbd2]: Words in s. 39(2)(a) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1

[^key-c63c171fcb7da420cf1e3908bd164646]: Words in s. 39(3) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1

[^key-f237ff48d3f92b2b84c5ccf5c861dc4b]: Words in s. 65 inserted (3.5.2023) by The Secretaries of State for Energy Security and Net Zero, for Science, Innovation and Technology, for Business and Trade, and for Culture, Media and Sport and the Transfer of Functions (National Security and Investment Act 2021 etc) Order 2023 (S.I. 2023/424), art. 1(2), Sch. para. 21 (with art. 17)