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 105H Effects of codes of practice about security measures U.K.

(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

F2 Ss. 105E-105I inserted (17.11.2021 for specified purposes) by Telecommunications (Security) Act 2021 (c. 31), ss. 3, 28(1)(b)