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Communications Act 2003
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Changes to legislation:
Communications Act 2003, Section 105Z25 is up to date with all changes known to be in force on or before 27 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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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.
Changes and effects yet to be applied to Section 105Z25:
- specified provision(s) amendment to earlier commencing SI 2003/1900, art. 3(2) by S.I. 2003/3142 art. 1(3)
- specified provision(s) amendment to earlier commencing SI 2003/3142 by S.I. 2004/1492 art. 2
- specified provision(s) amendment to earlier commencing SI 2003/3142 by S.I. 2004/697 art. 2
- specified provision(s) amendment to earlier commencing SI 2003/3142 art. 4 Sch. 2 by S.I. 2004/545 art. 2
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 148A and cross-heading inserted by 2022 c. 46 s. 73(2)
- s. 204A-204C substituted for s. 204-206 by 2024 c. 15 s. 32(2)
- s. 245(1)(c) inserted by 2024 c. 15 s. 46(2)
- s. 245(3A)-(3C) inserted by 2024 c. 15 s. 46(3)
- s. 264(10A)(10B) inserted by 2024 c. 15 s. 1(3)
- s. 270(3)(ca) inserted by 2024 c. 15 s. 6(3)
- s. 270(4A) inserted by 2024 c. 15 s. 6(4)
- s. 270(7A) inserted by 2024 c. 15 s. 6(7)
- s. 278A inserted by 2024 c. 15 s. 10
- s. 315(6)(c) omitted by 2024 c. 15 s. 47(9)
- s. 315A inserted by 2024 c. 15 s. 44(9)
- s. 351(4)(aa) inserted by 2024 c. 15 Sch. 2 para. 58(2)(b)
- s. 351(5)(aa) substituted for s. 351(5)(a) by 2024 c. 15 Sch. 2 para. 58(3)(a)
- s. 353(4)(aa) inserted by 2024 c. 15 Sch. 2 para. 59(2)(b)
- s. 359A and cross-heading inserted by 2024 c. 15 s. 45
- s. 368E(5)(d)(e) inserted by 2017 c. 30 s. 94(3)
- s. 370(13) inserted by 2024 c. 13 Sch. 29 para. 7(2)
- s. 371(13) inserted by 2024 c. 13 Sch. 29 para. 7(3)
- s. 393(5)(t) inserted by 2024 c. 13 Sch. 30 para. 28(b)
- s. 402(2A)(zza) inserted by 2024 c. 15 s. 46(4)
- s. 402(2A)(zzb) inserted by 2024 c. 15 s. 44(10)
- s. 402(2A)(za)(zb) inserted by 2022 c. 46 Sch. para. 2
- Sch. 3A para. 21(6) inserted by 2022 c. 46 Sch. para. 3(5)(b)
- Sch. 3A para. 37(3)(aza) inserted by 2022 c. 46 Sch. para. 3(9)
- Sch. 3A para. 84(1)(aza) inserted by 2022 c. 46 Sch. para. 3(10)
- Sch. 3A para. 103(1)(ca) inserted by 2022 c. 46 s. 70
- Sch. 3A para. 119A inserted by 2022 c. 46 s. 72
- Sch. 3A Pt. 4ZA inserted by 2022 c. 46 s. 67(1)
- Sch. 12 para. 1(15) inserted by 2024 c. 15 Sch. 1 para. 1(10)
- Sch. 12 para. 4(2A) inserted by 2024 c. 15 Sch. 4 para. 52(4)
- Sch. 12 para. 7(14) inserted by 2024 c. 15 Sch. 1 para. 2(10)
- Sch. 12 para. 3(6)-(7B) substituted for Sch. 12 para. 3(6)(7) by 2024 c. 15 Sch. 4 para. 51(4)
[F1105Z25Requirement not to discloseU.K.
This section has no associated Explanatory Notes
(1)The Secretary of State may require a public communications provider which has been given a designated vendor direction or a designated vendor who has been sent a copy under section 105Z4 not to disclose to any other person the contents of—
(a)the designated vendor direction, or
(b)a part of the designated vendor direction specified by the Secretary of State,
without the permission of the Secretary of State.
(2)The Secretary of State may require a designated vendor not to disclose to any other person the contents of—
(a)the designation notice, or
(b)a part of the designation notice specified by the Secretary of State,
without the permission of the Secretary of State.
(3)The Secretary of State may require a public communications provider which has been given a notification under section 105Z18 (notification of contravention of designated vendor direction etc) not to disclose to any other person the existence or contents of—
(a)the notification, or
(b)a part of the notification specified by the Secretary of State,
without the permission of the Secretary of State.
(4)The Secretary of State may require a public communications provider which has been given a confirmation decision under section 105Z20 (enforcement of notification under section 105Z18) not to disclose to any other person the existence or contents of—
(a)the confirmation decision, or
(b)a part of the confirmation decision specified by the Secretary of State,
without the permission of the Secretary of State.
(5)The Secretary of State may require a person who has been given an urgent enforcement direction not to disclose to any other person the existence or contents of—
(a)the urgent enforcement direction, or
(b)a part of the urgent enforcement direction specified by the Secretary of State,
without the permission of the Secretary of State.
(6)The Secretary of State may require a person who has been given a notice under section 105Z23(4)(a) or (7) (notices relating to confirmation of an urgent enforcement direction) not to disclose to any other person the existence or contents of—
(a)the notice, or
(b)a part of the notice specified by the Secretary of State,
without the permission of the Secretary of State.
(7)The Secretary of State may not impose a requirement on a person under subsection (1), (2), (3), (4), (5) or (6) unless the condition in subsection (8) is satisfied.
(8)The condition in this subsection is that the Secretary of State considers that it would be contrary to the interests of national security for—
(a)the contents of the designated vendor direction or the part specified under subsection (1),
(b)the contents of the designation notice or the part specified under subsection (2),
(c)the existence or contents of the notification under section 105Z18 or the part specified under subsection (3),
(d)the existence or contents of the confirmation decision under section 105Z20 or the part specified under subsection (4),
(e)the existence or contents of the urgent enforcement direction or the part specified under subsection (5), or
(f)the existence or contents of the notice under section 105Z23(4)(a) or (7) or the part specified under subsection (6),
(as the case may be) to be disclosed, except as permitted by the Secretary of State.
(9)If the condition in subsection (10) is satisfied, the Secretary of State may require a person consulted under section 105Z3(1), 105Z5(4), 105Z9(1) or 105Z10(4) not to disclose to any other person—
(a)the existence of the consultation and any information disclosed to the person in the consultation, or
(b)the existence of a part of the consultation specified by the Secretary of State and any information disclosed to the person in that part of the consultation,
without the permission of the Secretary of State.
(10)The condition in this subsection is that the Secretary of State considers that it would be contrary to the interests of national security for the matters described in subsection (9)(a) or (as the case may be) subsection (9)(b) to be disclosed, except as permitted by the Secretary of State.
(11)Where a person is subject to a requirement under this section not to disclose a matter, disclosure of that matter by an employee of the person or a person engaged in the person’s business is to be regarded as a disclosure by the person, unless the person can show that the person took all reasonable steps to prevent such a disclosure.]
Textual Amendments
F1Ss. 105Z25, 105Z26 inserted (17.11.2021) by Telecommunications (Security) Act 2021 (c. 31), ss. 22, 28(1)(c)
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