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person providing the service belongs and, in every case, shall take into account
the following:
(a) the number of users relying on the service provided by the person;
(b) the extent to which other sectors set out in Schedule 1 depend on the
service provided by the person;
(c) the impact that an incident could have in terms of degree and duration
on economic or societal activities or public safety;
(d) the market share of the service provided by the person;
(e) the geographic spread with regard to the area that may be affected by
an incident;
(f) the importance of the person in the maintenance of a sufficient level
of the service in the State taking into account the availability of alternative means for the provision of the service concerned.
(6) A person may be designated under paragraph (1) in respect of one or
more category of sector, subsector or essential service.
Procedure for designation as operator of essential services
13. (1) In considering whether a person may be required to be designated as
an operator of essential services, a competent authority may request information
from the person which the competent authority reasonably believes it requires
for the purpose of deciding whether to designate that person as an operator of
essential services.
(2) Where a competent authority proposes to designate a person as an operator of essential services, the competent authority shall notify the person in
writing accordingly—
(a) stating the reasons why the person is proposed to be designated,
(b) specifying the category of sector and, where appropriate, subsector
and the essential service in respect of which the person is to be so
designated, and
(c) giving the person an opportunity to make representations in writing
to the competent authority in respect of the proposed designation
within 15 working days of the date of the notification.
(3) The competent authority shall consider any representations made by a
person under paragraph (2) and shall, within 20 working days of the earlier of—
(a) the receipt of the representations, or
(b) the expiration of the period referred to in paragraph (2)(c),
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