Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

Security of public electronic communications networks and services

Effects of codes of practice about security measures
105H
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—
  1. section
105M
(general duty of OFCOM to ensure compliance with security duties);
  2. section
105N
(power of OFCOM to assess compliance with security duties);
  3. section
105O
(power of OFCOM to give assessment notices);
  4. section
105S
(enforcement of security duties);
  5. section
105U
(enforcement of security duties: proposal for interim steps);
  6. section
105V
(enforcement of security duties: direction to take interim steps).
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)