Public Order Act 2023 infrastructure amendment: clarifying key national infrastructure in UK health and safety law

Public Order Act 2023 infrastructure amendment: strengthening UK health and safety law and business resilience

What has changed in law

The Public Order Act 2023 is amended by The Public Order Act 2023 (Interference With Use or Operation of Key National Infrastructure) Regulations 2026. The Regulations clarify and extend the meaning of key national infrastructure for the purposes of provisions in the Act, enabling authorities to respond more effectively to disruptions that could impact essential services and workplace safety. The change focuses on critical assets such as utilities, transport networks and other infrastructure whose continuous operation is essential to public safety and economic stability.

Why this matters for UK health and safety law

For duty holders, the updated definition strengthens the legal basis for proactive protective measures and rapid response in the event of interference or disruption. It expands the scope of what may be treated as an attack on infrastructure, which in turn affects risk assessment, governance and incident management across sectors reliant on critical services. The update supports clearer regulatory expectations under UK health and safety law by aligning enforcement with contemporary risks to business continuity and worker safety during disruptions.

Organisations should recognise that the changes affect sectors that operate or rely on critical infrastructure, including utilities, transport, telecommunications and other essential services. Where disruptions could jeopardise safe working conditions, supply chains or employee welfare, the updated provisions may guide prioritised protective actions and co-ordinated responses with enforcement and emergency services.

What organisations should do next to achieve compliance

Key steps to align governance and operations with the new regime include:

• Review governance documents to reflect the updated definition of key national infrastructure and associated legal duties under the Act
• Revisit risk assessments focusing on scenarios where infrastructure disruption could create hazards for workers or affect hazardous processes
• Update incident response plans to include critical infrastructure disruption and communication with authorities
• Examine contractor and third party arrangements to ensure appropriate security and management of subcontracted risk
• Strengthen internal assurance through an ISO 45001 aligned health and safety management system and ensure competent advice is available

Consider engaging Synergos Consultancy for guidance on risk assessment, governance and integrating the update with your management system. See resources on ISO 45001 occupational health and safety management and health and safety risk assessments.

In addition, ensure adequate training for duty holders and frontline managers on what the change means for your organisation and how to respond to incidents involving critical infrastructure.

Wrap-up: The amendment reinforces the importance of robust risk management and timely compliance to UK health and safety law. By aligning governance, risk assessment and incident response with the redefined scope of key national infrastructure, organisations can protect worker safety and maintain essential operations in the face of disruption.