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: applications in respect of urgency statements
105Q
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.
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)