- Latest available (Revised)
- Original (As enacted)
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
After section 124I of the Communications Act 2003 insert—
(1)The criteria referred to in section 124I(4) are—
(a)that the requirements concerning enforcement and related matters are met in relation to the code (see subsections (2) and (3));
(b)that the requirements concerning subscriber appeals are met in relation to the code (see section 124K);
(c)that it makes any provision about contributions towards meeting costs that is required to be included by an order under section 124M;
(d)that it makes any other provision that the Secretary of State requires it to make;
(e)that the provisions of the code are objectively justifiable in relation to the matters to which it relates;
(f)that those provisions are not such as to discriminate unduly against particular persons or against a particular description of persons;
(g)that those provisions are proportionate to what they are intended to achieve; and
(h)that, in relation to what those provisions are intended to achieve, they are transparent.
(2)The requirements concerning enforcement and related matters are—
(a)that OFCOM have, under the code, the functions of administering and enforcing it, including the function of resolving owner-provider disputes;
(b)that there are adequate arrangements under the code for OFCOM to obtain any information or assistance from internet service providers or copyright owners that OFCOM reasonably require for the purposes of administering and enforcing the code; and
(c)that there are adequate arrangements under the code for the costs incurred by OFCOM in administering and enforcing the code to be met by internet service providers and copyright owners.
(3)The provision made concerning enforcement and related matters may also (unless the Secretary of State requires otherwise) include, in particular—
(a)provision for the payment, to a person specified in the code, of a penalty not exceeding the maximum penalty for the time being specified in section 124L(2);
(b)provision requiring a copyright owner to indemnify an internet service provider for any loss or damage resulting from the owner's infringement or error in relation to the code or the copyright infringement provisions.
(4)In this section “owner-provider dispute” means a dispute that—
(a)is between persons who are copyright owners or internet service providers; and
(b)relates to an act or omission in relation to a technical obligation or a technical obligations code.”
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: