(1) If a person provides an essential service of a kind referred to in Schedule 2 and that service -

(a) relies on network and information systems; and

(b) satisfies a threshold requirement described for that kind of essential service,

that person is deemed to be designated as an OES for the subsector that is specified with respect to that essential service in that Schedule.

(1A) Paragraph (1) does not apply to a network provider or service provider who is subject to the requirements of sections 105A to 105C of the Communications Act 2003 [2003 c. 21. Sections 105A to 105C were inserted by paragraph 65 of Schedule 1 to S.I. 2011/1210.] and in this paragraph "network provider" and "service provider" have the meanings given in section 105A(5) of that Act.

(2) A person who falls within paragraph (1) must notify the designated competent authority in writing of that fact before the notification date.

(2A) Each integrated care board is deemed to be designated as an OES for the healthcare settings subsector and, in relation to an integrated care board, any services provided by it (including the making of arrangements for the provision of services by others) are deemed to be essential services.