Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

Security of public electronic communications networks and services

Assessment notices: urgency statements
105P
1
This section applies where—
a
an assessment notice is given under section 105O to the provider of a public electronic communications network or a public electronic communications service;
b
the notice states that, in OFCOM’s opinion, it is necessary for the provider to comply with a duty imposed by the notice urgently;
c
the notice gives OFCOM’s reasons for reaching that opinion; and
d
the notice provides information about the right of the provider to make an application under section 105Q.
2
Subsections (8) and (9) of section 105O do not apply in relation to the duty mentioned in subsection (1)(b).
3
A time or period specified under subsection (7) of section 105O in relation to the duty mentioned in subsection (1)(b) must not be a time that falls or a period that begins before the end of the period of 14 days beginning with the day the notice is given.
4
In a case where—
a
the duty mentioned in subsection (1)(b) is a duty to do something mentioned in section 105O(2)(d) to (k), and
b
within the period of 14 days beginning with the day the notice is given an appeal under section 192 is brought in respect of the notice or the provision of the notice that imposes the duty,
the provider of the network or service need not comply with the duty pending the determination or withdrawal of the appeal.
Ss. 105N-105R inserted (1.10.2022) by Telecommunications (Security) Act 2021 (c. 31), ss. 6(2), 28(2)(b); S.I. 2022/931, reg. 2(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)