- Latest available (Revised)
- Original (As enacted)
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Digital Economy Act 2010. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
(1)After section 124O of the Communications Act 2003 insert—
(1)This section applies where—
(a)the Secretary of State has given a notification under section 124O to a qualifying internet domain registry specifying a failure,
(b)the period allowed for making representations has expired, and
(c)the Secretary of State is satisfied that the registry has not taken the steps that the Secretary of State considers appropriate for remedying the failure.
(2)The Secretary of State may by order appoint a manager in respect of the property and affairs of the internet domain registry for the purpose of securing that the registry takes the steps described in subsection (1)(c).
(3)The person appointed may be anyone whom the Secretary of State thinks appropriate.
(4)The appointment of the manager does not affect—
(a)a right of a person to appoint a receiver of the registry's property, or
(b)the rights of a receiver appointed by a person other than the Secretary of State.
(5)The Secretary of State must—
(a)keep the order under review, and
(b)if appropriate, discharge all or part of the order.
(6)The Secretary of State must discharge the order on the appointment of a person to act as administrative receiver, administrator, provisional liquidator or liquidator of the registry.
(7)The Secretary of State must discharge the order before the end of the period of 2 years beginning with the day on which it was made (but this does not prevent the Secretary of State from making a further order in the same or similar terms).
(8)When discharging an order under this section, the Secretary of State may make savings and transitional provision.
(9)The Secretary of State must send a copy of an order made under this section to the registry as soon as practicable after it is made.
(10)In subsection (4), “receiver” includes a manager (other than a manager appointed by the registry) and a person who is appointed as both receiver and manager.
(11)In subsection (6)—
“administrative receiver” means an administrative receiver within the meaning of section 251 of the Insolvency Act 1986 or Article 5(1) of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19));
“administrator” means a person appointed to manage the affairs, business and property of the registry under Schedule B1 to that Act or Schedule B1 to that Order.
(1)An order under section 124P may make provision about the functions to be exercised by, and the powers of, the manager.
(2)The order may, in particular—
(a)provide for the manager to have such of the functions of the registry's directors as are specified in the order (including functions exercisable only by a particular director or class of directors), and
(b)provide for one or more of the registry's directors to be prevented from exercising any of those functions.
(3)The order may make provision about the remuneration of the manager, including in particular—
(a)provision for the amount of the remuneration to be determined by the Secretary of State, and
(b)provision for the remuneration to be payable from the property of the registry.
(4)In carrying out the functions conferred by the order, the manager acts as the registry's agent.
(5)The Secretary of State may apply to the court for directions in relation to any matter arising in connection with the functions or powers of the manager (and the costs of the application are to be paid by the registry).
(6)On an application under subsection (5) the court may give such directions or make such orders as it thinks fit.
(7)In this section “the court” means—
(a)in England and Wales, the High Court or a county court,
(b)in Scotland, the Court of Session or the sheriff, and
(c)in Northern Ireland, the High Court.
(8)Where the registry is a limited liability partnership, this section applies as if references to a director of the registry were references to a member of the limited liability partnership.”
(2)In section 192(1)(d) of that Act (appeals against decisions of the Secretary of State), after sub-paragraph (ii) insert—
“(iia)an order under section 124P;”.
(3)In section 402(1) of that Act (powers of the Secretary of State to make orders and regulations), after “conferred by” insert “ section 124P and ”.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
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: