Regulation 12 Designation of Operators of Essential Services
(1) A competent authority shall designate a person as an operator of essential services in respect of an essential service in a sector in respect of which the competent authority is designated as the competent authority where that competent authority is satisfied that -
(a) the person provides the essential service in the State,
(b) the person has an establishment in the State,
(c) the person is a person of a type set out in Column (3) of Schedule 1,
(d) the sector and, where appropriate, subsector in which the essential service is provided are each a sector and subsector set out in Schedule 1;
(e) the provision by the person of the essential service depends on network and information systems, and
(f) an incident affecting the provision by the person of the essential service would have significant disruptive effects on the provision of that service in the State.
(2) Where an operator of essential services is -