Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

Security of public electronic communications networks and services

Duty to explain failure to act in accordance with code of practice
105I
1
This section applies where OFCOM have reasonable grounds for suspecting that the provider of a public electronic communications network or a public electronic communications service is failing, or has failed, to act in accordance with a provision of a code of practice issued under section
105E
.
2
OFCOM may give a notification to the provider that—
a
specifies the provision of the code of practice;
b
specifies the respects in which the provider is suspected to be failing, or to have failed, to act in accordance with it; and
c
directs the provider to give to OFCOM a statement under subsection (3) or (4).
3
A statement under this subsection is a statement that—
a
confirms that the provider is failing, or has failed, in the respects specified in the notification to act in accordance with the provision of the code of practice; and
b
explains the reasons for the failure.
4
A statement under this subsection is a statement that—
a
states that the provider is not failing, or has not failed, in the respects specified in the notification to act in accordance with the provision of the code of practice; and
b
explains the reasons for that statement.
5
The provider must comply with a direction given under subsection (2)(c) within such reasonable period as may be specified in the notification.
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)