Communications Act 2003

[F1 105Q Assessment notices: applications in respect of urgency statements U.K.

(1) This section applies where an assessment notice given under section 105O to a provider of a public electronic communications network or a public electronic communications service contains a statement under section 105P(1)(b).

(2) The provider may apply to the court for either or both of the following—

(a) the disapplication of the statement in relation to some or all of the duties imposed by the notice;

(b) a change to the time at which, or period within which, a duty imposed by the notice must be complied with.

(3) On an application under this section, the court may do any of the following—

(a) direct that the notice is to have effect as if it did not contain the statement;

(b) direct that the inclusion of the statement is not to have effect in relation to a duty imposed by the notice;

(c) vary the notice by changing the time at which, or the period within which, a duty imposed by the notice must be complied with;

(d) vary the notice by making other changes required to give effect to a direction under paragraph (a) or (b) or in consequence of a variation under paragraph (c).

(4) The decision of the court on an application under this section is final.

(5) In this section “the court” means the High Court or, in Scotland, the Court of Session.]

Textual Amendments

F1 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)