Part 2Networks, services and the radio spectrum

Chapter 1Electronic communications networks and services

F1Security of public electronic communications networks and services

F2105HEffects of codes of practice about security measures

(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).