The introduction of the National Security and Investment Act 2021, which came into force on 4th January 2022, signifies a key change in the UK’s regime of control over foreign direct investment (FDI) and has the potential to impact almost all types of business and investment.

The regime introduced by the Act gives the government broad powers to screen investment into UK companies and assets. This includes both a requirement for certain transactions to be cleared by the UK government before they can proceed, and an ability for the government to “call in” transactions falling outside the mandatory regime and which may nonetheless pose a national security risk.

Please see our NSIA briefing note here for more details on the scope of the Act, as well as potential implications of non-compliance. Our NSIA flowchart shows the stages to be considered in determining whether or not the Act applies.

Clearance can be obtained on either a voluntary or mandatory basis – this may be conditional if the government has concerns about the transaction.

Given the potential impact on both timing and structure of an investment, it is important for the implications of the Act to be considered at an early stage.

We can provide tailored and pragmatic advice to help you navigate the complexities of the new regime. If you wish to discuss a potential transaction or have any questions about how the National Security Act may impact you please contact Catriona Macallan.

Written by

Related News, Insights & Events

Error.

No results.

Formation And Breakdown Of Marital Relationships An Immigration And Family Law Perspective Part 2

Formation and breakdown of marital relationships: An immigration and family law perspective

20/01/2026

This blog explores the unique dynamics of relationships, with a focus on separation and divorce in Scotland, and how these processes interact with immigration considerations.

Read more
Horizon Scan The Risk Landscape In 2026

The risk landscape in 2026: A horizon scan of what lies ahead for business leaders

19/01/2026

This horizon scanning article sets out some of the key risks for 2026 already visible across many sectors.

Read more
Scottish Building Safety Levy Update

The Scottish building safety levy: parliamentary approval amid industry concern

15/01/2026

Here, we discuss the Scottish Building Safety Levy and the practical and policy challenges highlighted during the Scottish Parliament’s recent debate.

Read more

Want to hear more from us?

Subscribe here Subscribe here