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1Fix the driver behind crashes, sound loss and screen glitches2Repair Windows errors before they cause bigger problems3Scan for outdated or missing drivers - takes under a minuteYes, the UK National Security and Investment (NSI) Act 2021 can apply to a foreign investor, but nationality alone does not trigger a filing or a prohibition. The decisive questions are what is being acquired, the activities the target performs, the level of control obtained and whether the transaction could create a national-security risk. Certain acquisitions involving entities that perform activities listed in the sector regulations require approval before completion. Other qualifying acquisitions can be notified voluntarily or called in by the government after completion.
“Critical infrastructure” is therefore a useful risk description, not a legal shortcut. An investment in an energy, communications, water or data business may be outside mandatory notification if its activities do not match the statutory definitions, while a less obvious technology or supplier transaction may be in scope. Transaction teams must test the detailed activity and control criteria against the regulations in force on the signing and completion dates.
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Does the NSI Act apply to foreign investors?
The Act is an acquisition-screening regime for national security. It is deliberately nationality-neutral: a UK company, an overseas fund, a state-linked investor or an individual can all be subject to it. The government can scrutinise acquisitions of control over qualifying entities and assets in, or connected to, the UK economy where a national-security risk may arise.
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A free scan shows the junk files, broken settings and background clutter dragging Windows down - then fixes them in one click.Free scan · Windows 10 & 11There is no general rule that a foreign buyer is barred from critical infrastructure. Nor does a transaction become mandatorily notifiable simply because the buyer is incorporated abroad. Nationality, ownership links and access to sensitive capabilities can be relevant to the risk assessment, but they are considered alongside the target’s activities and the control acquired.
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What the government is assessing
- Target activity: whether the entity performs an activity precisely described in a current mandatory-sector schedule, rather than merely operating in a related commercial industry.
- Acquisition type: whether the deal concerns an entity, an asset, or rights that give the buyer control or material influence covered by the Act.
- Control and access: what decision-making power, voting rights, board influence, information access or operational capability the buyer obtains under the statutory tests.
- Risk: whether the combination of the target, the acquirer and the transaction could create a risk to UK national security, including the resilience of critical infrastructure or sensitive capabilities.
The Act is not an ordinary competition or foreign-ownership approval system. Its intervention power is risk-based and can be used even where a deal raises no competition concern.
Which critical-infrastructure investments need approval?
Mandatory notification is limited to qualifying acquisitions involving entities that carry out specified activities in one of 17 designated areas. The area name alone is not enough; the sector regulations define the activities, thresholds and other conditions. The current official guidance identifies these areas:
| Mandatory area | What a transaction team should check |
|---|---|
| Advanced Materials | Whether the target performs an activity captured by the advanced-materials schedule. |
| Advanced Robotics | Whether the robotics design, manufacture or deployment activity matches the defined scope. |
| Artificial Intelligence | Whether the relevant AI development or use falls within the regulated activity description. |
| Civil Nuclear | Whether the entity’s nuclear-related activities are those specified in the schedule. |
| Communications | Whether the business performs a regulated communications-network or service activity. |
| Computing Hardware | Whether the design, manufacture or supply of hardware meets the statutory definition. |
| Critical Suppliers to Government | Whether the entity supplies government bodies in the circumstances covered by the regulations. |
| Cryptographic Authentication | Whether the target develops or supplies authentication technology within scope. |
| Data Infrastructure | Whether the data-centre, hosting or related infrastructure activity is specifically listed. |
| Defence | Whether the target’s defence activities or contracts meet the defined criteria. |
| Energy | Whether generation, transmission, distribution, storage or another energy activity is listed. |
| Military and Dual-Use | Whether goods, software or technology fall within the relevant military or dual-use definitions. |
| Quantum Technologies | Whether the research, development, manufacture or supply activity is covered. |
| Satellite and Space Technologies | Whether the target performs a listed space or satellite activity. |
| Suppliers to the Emergency Services | Whether the entity supplies police, fire, ambulance or other emergency services in scope. |
| Synthetic Biology | Whether the biological research, production or processing activity matches the schedule. |
| Transport | Whether the infrastructure, operation or service is one of the transport activities specified. |
These are statutory categories, not a complete list of every business that might be considered strategically important. A broad label such as “water,” “telecoms” or “cloud infrastructure” cannot substitute for an activity-by-activity analysis. The definitions and schedules can change, so use the version of the legislation and official guidance applicable to the transaction date.
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Mandatory notification: the rule that makes completion void
If an acquisition satisfies the mandatory-sector and qualifying-control tests, the buyer must notify it and obtain approval before completion. Completion without that approval makes the acquisition void under the Act. The parties may also face civil or criminal penalties. Signing a contract does not itself complete the acquisition, but the timetable must leave enough time for clearance before the planned closing.
How to test a proposed deal
- Map the target’s activities. Obtain a precise description of products, services, facilities, customers and contracts. Match those facts to the wording in each current mandatory-sector schedule.
- Identify the assets and rights being acquired. Include shares, voting rights, intellectual property, land, equipment, licences, data and contractual rights where they could constitute a qualifying entity or asset acquisition.
- Analyse control. Determine whether the buyer obtains a statutory control trigger, not merely whether it buys a majority of shares. Review governance documents, vetoes, board rights, information rights and any arrangements with co-investors.
- Classify the notification route. Decide whether the transaction is mandatorily notifiable, eligible for voluntary notification, or outside the qualifying-acquisition tests on the facts currently known.
- Build approval into conditions precedent. A mandatory deal should not complete until the government has issued approval. Make the condition, long-stop date and cooperation obligations explicit in the purchase agreement.
- Preserve evidence. Keep the activity mapping, ownership chart, control analysis and risk assessment so that the parties can answer questions consistently during review or a later call-in.
Voluntary notification and government call-in
A qualifying acquisition outside the mandatory regime can be notified voluntarily. Voluntary notification is a way to obtain certainty: if the government accepts the notification and takes no further action, the transaction is less exposed to a later call-in on the information provided. It is not a substitute for mandatory approval where the statutory tests are met.
The government can also identify a qualifying acquisition that was not notified and issue a call-in notice when it reasonably suspects that the transaction may give rise to a national-security risk. Call-in powers cover acquisitions outside the 17 mandatory areas as well as transactions in those areas that were not mandatorily notifiable. A party that decides not to notify should document why the acquisition is outside the mandatory rules and why the residual call-in risk is acceptable.
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| Route | When it applies | Completion consequence |
|---|---|---|
| Mandatory notification | Qualifying control acquisition involving an entity carrying out a specified activity in a mandatory area. | Approval is required before completion; completion without it is void and may attract civil or criminal penalties. |
| Voluntary notification | Qualifying entity or asset acquisition that is not mandatorily notifiable but could raise national-security concerns. | Parties seek certainty and reduce the risk of a later call-in; the transaction remains subject to the statutory process. |
| No notification | Transaction is outside the qualifying-acquisition tests or the parties accept the risk of not notifying. | The government can still call in a qualifying acquisition if the statutory suspicion test is met. |
How long does NSI Act clearance take?
Once a notification is accepted, the Cabinet Office says it is reviewed within 30 days in line with the statutory requirements. That is not necessarily 30 days from the first upload or informal contact. The period between submission and acceptance can vary with demand and with whether the form contains complete, usable information.
For a live transaction, treat 30 days as the review period after acceptance, then add time for preparing the notification, responding to information requests, resolving acceptance issues and implementing any remedies. The principal acquisition guidance was updated on 15 July 2026, so parties should use the latest notification service and guidance rather than an old timetable.
Practical timetable planning
- Start the sector and control analysis during due diligence, before signing where possible.
- Allow time to gather ownership charts, technical descriptions, government-contract details and information about sensitive sites or assets.
- Make the filing internally consistent with the purchase agreement, regulatory disclosures and security arrangements.
- Set a long-stop date that allows for the statutory review and any additional engagement.
- Do not announce or implement completion steps that could amount to closing before mandatory approval.
Can the government block or unwind a deal?
Yes. After reviewing a notified or called-in acquisition, the government can clear it, clear it with conditions, or prohibit it where intervention is necessary to manage a national-security risk. Conditions can require changes to governance, access, information handling, supply arrangements or operational control. The exact measure depends on the risk identified and the remedies available.
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Call-in powers also mean that completing a transaction does not eliminate scrutiny. If a qualifying acquisition was not notified and is later called in, the parties must comply with the process and any resulting order. A transaction that completed without the approval required by the mandatory regime is void, which is materially different from a voluntary filing that is simply delayed.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What do the latest figures show?
Cabinet Office reporting provides useful context but not a probability forecast for an individual investment. In 2024–25, 1,079 notified acquisitions were reviewed: 49 (4.5%) received a call-in notice and 1,030 (95.5%) were told that no further action would be taken. The same reporting describes 56 call-in notices in total, including seven relating to acquisitions that had not been notified.
The Cabinet Office reported 60 call-in notices during financial year 2025–26. These totals cover cases handled in the relevant reporting periods; they do not establish the chance that a particular foreign investment will be called in. Area breakdowns can overlap because one acquisition may relate to more than one mandatory area, so a sector’s share of call-ins is not the call-in rate for transactions in that sector.
What changed in 2026, and what remains uncertain?
On 12 March 2026, the government published a consultation response announcing plans to refine several schedules, create a water schedule and make other scope clarifications. The announcement said secondary legislation would be laid later in 2026. It also described an intention to strengthen controls in critical sectors including water and advanced semiconductors.
Darren Jones, Chief Secretary to the Prime Minister, said on 12 March 2026: “We are making the right choices for businesses to invest in the UK. We have listened to their concerns and are refining these rules to give businesses the clarity they need – cutting red tape where we can – while strengthening our controls on critical sectors like water and advanced semiconductors, where our national security interests demand it.”
The material available for this article does not establish that the planned secondary legislation had been laid and commenced by 13 October 2026. Do not treat the proposed water schedule or other announced changes as already applicable. Before signing or completing a transaction, confirm the enacted and commenced regulations and the latest official guidance.
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- Is the target an entity or asset in, or connected to, the UK economy?
- Which precise activities, facilities, technologies and contracts does it conduct or control?
- Do those activities match a current mandatory-sector definition, or only a broad industry label?
- What control, influence, access or operational capability will the buyer obtain?
- Could the transaction create a national-security risk even if mandatory notification is not triggered?
- Should the parties notify voluntarily to obtain greater certainty?
- Does the purchase agreement prevent completion until any required approval is obtained?
- Has the timetable allowed for preparation, acceptance, the 30-day review period and possible follow-up?
- Have the parties checked whether 2026 regulatory changes are enacted and commenced?
When transaction-specific advice is warranted
Specialist UK NSI Act advice is sensible where the target’s activities sit near a schedule boundary, the buyer has state ownership or sensitive-sector links, the deal includes unusual control rights, or the parties disagree about whether an asset acquisition is qualifying. Advice should focus on the current statutory text, commenced regulations, official guidance and the facts of the transaction. A generic “critical infrastructure” label is not a substitute for that analysis.
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