Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

Security of public electronic communications networks and services

Issuing codes of practice about security measures
105F
1
Before issuing a code of practice under section
105E
the Secretary of State—
a
must publish a draft of—
i
the code; or
ii
where relevant, the revisions of the existing code;
b
must consult the following about the draft—
i
OFCOM;
ii
providers of public electronic communications networks to whom the draft would apply;
iii
providers of public electronic communications services to whom the draft would apply; and
iv
such other persons as the Secretary of State considers appropriate; and
c
may make such alterations to the draft as the Secretary of State considers appropriate following the consultation.
2
Before issuing a code of practice under section 105E the Secretary of State must also lay a draft of the code before Parliament.
3
If, within the 40-day period, either House of Parliament resolves not to approve the draft of the code, the code may not be issued.
4
If no such resolution is made within that period, the code may be issued.
5
If the code is issued, the Secretary of State must publish it.
6
A code of practice comes into force at the time of its publication under subsection
(5)
, unless it specifies a different commencement time.
7
A code of practice may—
a
specify different commencement times for different purposes;
b
include transitional provisions and savings.
8
In this section, the “
40-day period
”, in relation to a draft of a code, means the period of 40 days beginning with the day on which the draft is laid before Parliament (or, if it is not laid before each House of Parliament on the same day, the later of the 2 days on which it is laid).
9
For the purposes of calculating the 40-day period, no account is to be taken of any period during which—
a
Parliament is dissolved or prorogued, or
b
both Houses are adjourned for more than 4 days.
Ss. 105E-105I inserted (17.11.2021 for specified purposes) by Telecommunications (Security) Act 2021 (c. 31), ss. 3, 28(1)(b)
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)