Consultation outcome

National security and infrastructure investment review

• From: Department for Business, Energy & Industrial Strategy
• Published: 17 October 2017
• Last updated: 24 July 2018 — See all updates

This was published under the 2016 to 2019 May Conservative government

This consultation has concluded

Read the full outcome

National security and infrastructure investment review: government response to part 1 - short-term proposals

PDF, 206 KB, 32 pages

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Detail of outcome

Longer-term reforms

On 24 July 2018 we published:

• a summary of the responses received (see below)
• the government’s response in the form of a National Security and Investment white paper consultation seeking views on the proposed legislative reforms.

The consultation closes on 16 October 2018.

Short term powers

The secondary legislation to enable the short term powers came into force in June 2018. The government has published guidance on changes to the turnover and share of supply tests for mergers.

Feedback received

National security and infrastructure investment review: summary of responses to the consultation on long-term proposals

PDF, 329 KB, 26 pages

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Detail of feedback received

The first part of this consultation, on short term reforms, closed on 14 November 2017. We received 27 formal responses, and feedback through meetings with an additional 7 organisations during the consultation.

The second part of the consultation, on longer term reform, closed on 9 January 2018. It received 45 written responses and we also took feedback from an additional 9 stakeholder meetings.

Responses for both parts came from:

• legal and advisory firms
• trade associations
• industry groups
• individual businesses
• government bodies
• research bodies
• investors
• individuals

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Original consultation

Summary

We're seeking views on how government can best ensure that investments and takeovers do not raise national security concerns.

This consultation ran from
7am on 17 October 2017 to 11:45pm on 9 January 2018

Consultation description

This green paper is the result of the government’s review of the Enterprise Act 2002 and its powers in relation to foreign investment and national security. It sets out the approach the government proposes to take in both the short and long term. We will use your responses to the green paper to develop these proposals further.

The consultation is split into 2 parts.

Part 1

In the short term, we propose to amend the turnover threshold and share of supply tests within the Enterprise Act 2002. This is to allow government to examine and potentially intervene in mergers that currently fall outside the thresholds in 2 areas:

• the dual use and military use sector
• parts of the advanced technology sector

Part 1 of the consultation lasts 4 weeks, closing on 14 November 2017.

Part 2

The second part of the green paper seeks views about potential long-term reforms that government should take to its approach to ensuring that investments and takeovers cannot raise national security concerns.

Part 2 of the consultation lasts 12 weeks, closing on 9 January 2018.

Documents

National security and infrastructure investment review

PDF, 565 KB, 79 pages

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National security and infrastructure investment review: Impact Assessment

PDF, 550 KB, 23 pages

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Published 17 October 2017
Last updated 24 July 2018 + show all updates

1. 24 July 2018

   Summary of responses published, and link to government response in form of white paper.

2. 12 June 2018

   The secondary legislation to enable the short term powers has now come into force.

3. 15 March 2018

   Government response to Part 1 of the consultation on short term reforms published along with draft guidance.

4. 17 October 2017

   First published.