Communications Act 2003

[F1[F2105HEffects of codes of practice about security measuresU.K.
This section has no associated Explanatory Notes

(1)A failure by the provider of a public electronic communications network or a public electronic communications service to act in accordance with a provision of a code of practice does not of itself make the provider liable to legal proceedings before a court or tribunal.

(2)In any legal proceedings before a court or tribunal, the court or tribunal must take into account a provision of a code of practice in determining any question arising in the proceedings if—

(a)the question relates to a time when the provision was in force; and

(b)the provision appears to the court or tribunal to be relevant to the question.

(3)OFCOM must take into account a provision of a code of practice in determining any question arising in connection with the carrying out by them of a relevant function if—

(a)the question relates to a time when the provision was in force; and

(b)the provision appears to OFCOM to be relevant to the question.

(4)In this section—

  • “code of practice” means a code of practice issued under section 105E;

  • “relevant function” means a function conferred on OFCOM by any of the following provisions—

    (a)

    section 105M (general duty of OFCOM to ensure compliance with security duties);

    (b)

    section 105N (power of OFCOM to assess compliance with security duties);

    (c)

    section 105O (power of OFCOM to give assessment notices);

    (d)

    section 105S (enforcement of security duties);

    (e)

    section 105U (enforcement of security duties: proposal for interim steps);

    (f)

    section 105V (enforcement of security duties: direction to take interim steps).]]

Textual Amendments

F2Ss. 105E-105I inserted (17.11.2021 for specified purposes) by Telecommunications (Security) Act 2021 (c. 31), ss. 3, 28(1)(b)