Proposed updates to guidance for energy sector operators on compliance with the Network and Information Systems Regulations 2018 under consultation

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Department for Business, Energy & Industrial Strategy (BEIS) seeks views on proposed updates to guidance for operators in the energy sector on compliance with the Network and Information Systems (NIS) Regulations 2018.

The NIS Regulations provide legal measures aimed at improving the protection of the network and information systems that are critical for the delivery of the UK’s essential services, including transport, energy, water, health and digital infrastructure sectors.

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.

The Competent Authorities for the energy sector are the Secretary of State for BEIS for the oil subsector and the gas subsector in relation to upstream gas, and Ofgem and BEIS acting jointly for the electricity subsector and gas subsector in relation to downstream gas.

Health & Safety Executive also undertakes certain compliance and enforcement functions for the oil sector and specified sections of the gas sector on behalf of BEIS.

BEIS is seeking views from regulated operators and all other parties with an interest in the NIS Regulations. This consultation closes at

More information about this consultation and how to take part is available on the UK Government website.

Energy regulator Ofgem is also running a related consultation on their proposed new NIS Enforcement Guidelines and Penalty Policy.

The aim of the draft Policy is to provide greater clarity, consistency and transparency to Ofgem’s enforcement policies and processes, and to describe the framework the regulator has in place to maximise the impact and efficiency of its enforcement work under NIS.

The responses to this consultation will help Ofgem to ensure that their enforcement processes are clear, consistent and relevant.

This consultation welcomes contributions until 30th of November 2021.

More information about this consultation and how to take part is available on the Ofgem website.