Consultation outcome

Implementation of the Network and Information Systems Regulations in the energy sector: amendments to guidance

• From: Department for Business, Energy & Industrial Strategy
• Published: 4 October 2021
• Last updated: 9 August 2022 — See all updates

This was published under the 2019 to 2022 Johnson Conservative government

Applies to England, Scotland and Wales

This consultation has concluded

Read the full outcome

Implementation of the Network and Information Systems Regulations 2018: government response

PDF, 219 KB, 13 pages

Detail of outcome

We have updated the guidance in the light of feedback received:

• Implementation of the Network and Information Systems Regulations 2018 for the energy sector in Great Britain

In addition see the guidance from our joint Competent Authority, Ofgem:

• NIS Directive and NIS Regulations 2018: Ofgem guidance for Operators of Essential Services

Detail of feedback received

We received 19 responses to this consultation, mainly from Operators of Essential Services (OES):

• 14 from operators in the downstream gas and electricity (DGE) subsector
• 5 from the oil and upstream gas subsector

Respondents were overall supportive of the amendments to the guidance, saying it improved clarity and transparency on the implementation of the NIS Regulations in the energy sector. Feedback from the consultation responses related mainly to:

• OES security duties
• incident reporting
• enforcement and penalty approaches

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Original consultation

Summary

We're seeking views on proposed updates to guidance for operators in the energy sector on compliance with the Network and Information Systems Regulations 2018.

This consultation ran from
9:30am on 4 October 2021 to 11:45pm on 29 November 2021

Consultation description

The purpose of this consultation is to seek views on the updated guidance for the implementation of the Network and Information Systems Regulations 2018 (NIS) in the energy sector in Great Britain.

The guidance supports designated operators of essential services (OES) as defined by the NIS regulations, and those soon to be designated OES, in complying with their duties under the NIS Regulations. The Regulations were significantly amended in 2020 by Statutory Instrument. The guidance aims to provide greater clarity, consistency and transparency on the policies underpinning the implementation of the NIS Regulations in the energy sector, including the Competent Authority approach to enforcement and penalties.

We are seeking views from regulated operators and all other parties with an interest in the NIS Regulations.

See also the related Ofgem consultation and guidance:

• Consultation on Ofgem’s proposed new NIS Enforcement Guidelines and Penalty Policy
• Network and Information Systems Regulations 2018: Ofgem Guidance for Operators of Essential Services

Read the BEIS consultation privacy notice.

Please don’t send responses by post to the department at the moment as we may not be able to access them.

Documents

Consultation on the BEIS policy guidance for the Implementation of the Network and Information Systems Regulations for the energy sector in Great Britain

PDF, 224 KB, 18 pages

Policy guidance for the Implementation of the Network and Information Systems Regulations

PDF, 526 KB, 61 pages

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Published 4 October 2021
Last updated 9 August 2022 + show all updates

1. 9 August 2022

   Government response published.

2. 4 October 2021

   First published.