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 105X Relationship between security duties and certain other duties etc U.K.

(1) A security duty imposed on a provider of a public electronic communications network or a public electronic communications service does not apply in so far as compliance with the duty would—

(a) result in a failure by the provider to comply with a duty or prohibition imposed by or under an enactment mentioned in section 105A(4);

(b) prevent the provider from giving effect to a warrant or authorisation that has been issued or given under an enactment mentioned in section 105A(4);

(c) prevent the provider from providing a person with assistance in giving effect to a warrant or authorisation that has been issued or given under an enactment mentioned in section 105A(4); or

(d) prevent the provider from providing a person with assistance in exercising any power conferred by or under prison rules.

(2) In this section—

• “prison rules” has the same meaning as in section 105A;

• “security duty” means a duty imposed by or under—

  (a)

  section 96C as applied by section 105S; or

  (b)

  any of sections 105A to 105D, 105I to 105K, 105L(6), (7)(c) and (8), 105N(2)(a), 105O and 105V.]

Textual Amendments

F2 S. 105X inserted (1.10.2022) by Telecommunications (Security) Act 2021 (c. 31), ss. 9, 28(2)(b); S.I. 2022/931, reg. 2(b)