[FINAL] In addition, the following summary is intended to provide some additional clarity at this stage. A Competent Authority will be responsible for the monitoring and oversight of NIS implementation in its sector. A Competent Authority’s powers will include the ability to: ● ● ● ● ● ● ● ● ● ● designate Operators of Essential Services, request information related to this Directive, direct an Operator or Digital Service Provider to undertake an action in relation to the NIS Directive, to audit, or require an audit, of an Operator of an Essential Service or Digital Service Provider to monitor the application of the Regulations, to prepare and publish guidance, to notify the public about an incident, To investigate the causes of an incident to enforce an instruction on an Operator of an Essential Service or Digital Service Provider, to apply a penalty on an Operator of an Essential Service or Digital Service Provider. Please note, however, that this list is only indicative at this stage and the full range of powers will be set out in the implementing Regulations. When considering whether to take specific action in relation to the Directive, a Competent Authority will need to ensure that its action is appropriate and proportionate, and should, where possible, take the following factors into account: ● ● ● ● ● any representations made by the notified Operator of an Essential Service or Digital Service Provider; any steps taken by an Operator of an Essential Service or Digital Service Provider towards complying with the requirements set out in the regulation; any steps taken by an Operator of an Essential Service or Digital Service Provider for remedying the consequences of any contraventions; whether the Operator of an Essential Service or Digital Service Provider has had adequate time to implement the requirements of the regulation; and whether an offence has also occurred under another UK regulation or law and the penalties that may be applied under that legislation. In some circumstances a Competent Authority may wish to use other bodies to carry out some of its functions. The Government is exploring the legal framework through which this might happen. Where this is the case, the Competent Authority will make clear to its sector when and how they should expect to interact with other bodies. A number of respondents raised concerns about risks of divergence of approaches between Competent Authorities in the multiple competent authority approach. The Government is seeking to reduce these risks by ensuring that there is common guidance for Competent Authorities (such as the guidance produced by the NCSC), by encouraging Competent Authorities to cooperate with one another, and where possible to have common procedures Page 8