The government can order a vendor's kit removed from critical infrastructure, and never announced the power
Twenty-four amendments, no press release, no written statement, nothing on gov.uk. Three claims in the resulting coverage do not match the tabled text, and four safeguards went unreported.
By Parminder Kumar Sharma · · 9 min read

The biggest change to the Cyber Security and Resilience Bill since it left the Commons was never announced.
On or around 24 August the government tabled twenty-four amendments inserting a vendor-related directions regime into Part 4. They let the Secretary of State direct an essential service provider to stop using, stop installing, or remove goods, services or facilities supplied by a named third party, where national security requires it.
That is a substantial new power. There was no press release, no written ministerial statement, and nothing published on gov.uk. Ministerial quotes went to three trade outlets instead.
So the only account most people have read is the coverage. I checked three of its claims against the amendments themselves, using the Bills API, because the marshalled list PDF blocks automated fetching.
Three claims, against the text
What was reported, and what was tabled
On disclosure. Coverage said the government "would have no obligation to publicly name a risky supplier before taking action, nor disclose any orders to an affected supplier", and would only publish "higher-level data on any directions imposed in an annual report".
Amendment 151 says the Secretary of State "must publish, in such manner as the Secretary of State considers appropriate, notice of the fact that" a direction has been given, varied or revoked. That notice "must be published as soon as practicable" and must "state the person to which the direction, variation or revocation has been given" and "include a summary of the direction, variation or revocation, its effect and the reasons for it". There is a redaction power where publication might harm commercial interests unreasonably or would be contrary to national security.
So the default is per-direction publication with reasons, not annual aggregation. The half of the claim that survives is different and worth keeping: the person named is the regulated entity receiving the direction, not the vendor. The vendor is not named by default. The coverage reached a roughly right conclusion about vendor anonymity through a wrong description of the regime.
On self-referral. Coverage said "such bodies will also be able to refer themselves for a risk assessment if they have any qualms about a potential supplier."
Amendment 105 is headed "Power to establish mandatory referral scheme", and defines it as a scheme which "requires a person specified or of a description specified in regulations ... to refer the transaction to the Secretary of State". I searched all 193 amendments for "referral" and found three: 104 and 105, both government, and 153 from Viscount Camrose. No voluntary self-referral route exists anywhere in the package.
On procurement guidance. Coverage said the proposals "seek to establish 'cyber-safe' procurement guidance for essential service providers."
The word "procurement" appears in three of the 193 amendments: number 16 from Lord Ravensdale, 83 from Baroness Kidron and 166 from Baroness Ludford. None of them is a government amendment.
What the coverage left out, which matters more
Four safeguards are in the tabled text and in none of the write-ups.
The affirmative procedure. Amendment 102(11): regulations specifying who may be directed "may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament". There is an urgency carve-out, but the default is a vote in both Houses. One outlet ran a subheading asking whether the powers are opaque without mentioning this.
A necessity and proportionality test, in 102(4).
Consultation duties, in 102(7) and 105(8), the latter requiring consultation "so far as it is reasonably practicable to do so" before regulations are made.
Extraterritorial reach. A direction may require something to be done "in a place other than the United Kingdom". That is arguably the most significant thing in the package and nobody reported it at all.
What the package actually contains
| Amendment | What it does |
|---|---|
| 102 | The core power. Directions may prohibit or restrict use of goods, services or facilities, prohibit installation, or require removing, disabling or modifying them. Trigger is a national security risk from a third party’s products. Necessity and proportionality test, consultation duty, affirmative procedure |
| 105 | Power to establish a mandatory referral scheme, requiring specified persons to refer qualifying transactions before they proceed. Qualifying transaction defined by regulations, potentially by value, nature, criticality or the identity of the vendor |
| 151 | Publication of notice of every direction, as soon as practicable, naming the person directed, with a summary, its effect and the reasons, subject to redaction for commercial interests or national security |
| 152 | An annual report to Parliament |
| 101 | Confirms that references to the Secretary of State include the Chancellor of the Duchy of Lancaster |
The scrutiny question
Set the coverage aside; there is a procedural point that stands on its own.
The only Delegated Powers and Regulatory Reform Committee report on this Bill is its seventh report, of 21 July 2026. That predates these amendments. The government filed a supplementary delegated powers memorandum on 25 August. The Committee has not reported on it. The most recent impact assessment is dated 14 May 2026, so there is none covering this regime either.
A power to order the removal of a named vendor's products from critical national infrastructure reaches Committee today with neither delegated-powers scrutiny nor an impact assessment, having never been announced.
Lord Clement-Jones put it on the record on 1 September: "To drop 65 amendments of this nature on the eve of Committee, which will completely reshape the architecture of this Bill, after its passage through the Commons, is a major challenge to effective parliamentary scrutiny."
Take this with you
If you supply, or buy from, critical national infrastructure
- Read Amendment 102 rather than the coverage. The powers reach removal and modification of goods already installed, not only future purchases, and that is the part with cost attached.
- If you are a supplier to essential services, note that a direction is given to your customer, not to you. You may learn about it from them, and the published notice will name them rather than you.
- Watch Amendment 105. A mandatory referral scheme means qualifying transactions get referred before they proceed, and “qualifying” will be defined in regulations by value, criticality or vendor identity. That is a procurement timetable question as much as a security one.
- Note the extraterritorial provision. A direction can require something to be done outside the United Kingdom, which matters if your supply chain or your parent company is not British.
- Do not assume the affirmative procedure makes this slow. It applies to the regulations specifying who is in scope, not to each individual direction.
- Track the DPRRC. If it reports on the supplementary memorandum before Report stage, that report is where the real constraints on these powers will be argued.
The position
The powers themselves are not obviously wrong. Other countries have equivalents, the trigger is national security, and the drafting carries a proportionality test, consultation duties and an affirmative procedure that the coverage missed entirely.
The problem is how they arrived. A twenty-four amendment package that rewires a Part of a Bill after it has cleared the Commons, briefed to three trade outlets, with no announcement, no impact assessment and no delegated-powers report, is a poor way to legislate something this consequential. The predictable result is that the public account of the regime contains at least three errors, and the four safeguards that would most reassure people went unreported.
Publishing the package would have fixed both problems at once.
Sources
- PrimaryThe 24 vendor-related amendments to the Cyber Security and Resilience Bill, including Amendment 102 on directions, Amendment 105 on the mandatory referral scheme and Amendment 151 on publication of notice, all read from the Bills APIUK Parliamentaccessed 2026-09-07
- PrimaryBill 4035 publications, recording the seventh report of the Delegated Powers Committee of 21 July 2026, the supplementary delegated powers memorandum of 25 August 2026, and the most recent impact assessment of 14 May 2026UK Parliamentaccessed 2026-09-07
- Reported byUK government set to adjudicate on risky tech purchases, 26 August 2026, one of three trade write-ups carrying ministerial quotes on a package that was never publishedComputer Weeklyaccessed 2026-09-07


