Communications Act 2003 (c. 21)

Part 2 U.K. Networks, services and the radio spectrum

Chapter 1 U.K. Electronic communications networks and services

[F1 Security of public electronic communications networks and services U.K.

Textual Amendments

F1 Ss. 105A-105D and cross-heading inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 65 (with Sch. 3 para. 2)

[F2 105I Duty to explain failure to act in accordance with code of practice U.K.

(1) This section applies where OFCOM have reasonable grounds for suspecting that the provider of a public electronic communications network or a public electronic communications service is failing, or has failed, to act in accordance with a provision of a code of practice issued under section 105E.

(2) OFCOM may give a notification to the provider that—

(a) specifies the provision of the code of practice;

(b) specifies the respects in which the provider is suspected to be failing, or to have failed, to act in accordance with it; and

(c) directs the provider to give to OFCOM a statement under subsection (3) or (4).

(3) A statement under this subsection is a statement that—

(a) confirms that the provider is failing, or has failed, in the respects specified in the notification to act in accordance with the provision of the code of practice; and

(b) explains the reasons for the failure.

(4) A statement under this subsection is a statement that—

(a) states that the provider is not failing, or has not failed, in the respects specified in the notification to act in accordance with the provision of the code of practice; and

(b) explains the reasons for that statement.

(5) The provider must comply with a direction given under subsection (2)(c) within such reasonable period as may be specified in the notification.]]

Textual Amendments

F2 Ss. 105E-105I inserted (17.11.2021 for specified purposes) by Telecommunications (Security) Act 2021 (c. 31), ss. 3, 28(1)(b)