Part 2Networks, services and the radio spectrum

Chapter 1Electronic communications networks and services

F1Security of public electronic communications networks and services: designated vendor directions

105Z1Designated vendor directions

(1)

The Secretary of State may give a direction under this section (“a designated vendor direction”) to a public communications provider.

(2)

The Secretary of State may give a designated vendor direction only if the Secretary of State considers that—

(a)

the direction is necessary in the interests of national security; and

(b)

the requirements imposed by the direction are proportionate to what is sought to be achieved by the direction.

(3)

A designated vendor direction may impose requirements on a public communications provider with respect to the use, in connection with a purpose mentioned in subsection (4), of goods, services or facilities supplied, provided or made available by a designated vendor specified in the direction.

(4)

The purposes referred to in subsection (3) are—

(a)

in the case of a provider of a public electronic communications network, the provision of that network;

(b)

in the case of a provider of a public electronic communications service, the provision of that service;

(c)

in the case of a person who makes available facilities that are associated facilities by reference to a public electronic communications network or public electronic communications service, the making available of those facilities; or

(d)

in the case of a provider of a public electronic communications network or public electronic communications service, enabling persons to make use of that network or service.

(5)

A designated vendor direction must specify—

(a)

the public communications provider or providers to which the direction is given;

(b)

the reasons for the direction;

(c)

the time at which the direction comes into force.

(6)

The requirement in subsection (5)(b) does not apply if or to the extent that the Secretary of State considers that specifying reasons in the direction would be contrary to the interests of national security.

(7)

A public communications provider to which a designated vendor direction is given must comply with the direction.

(8)

A reference in this section to a facility includes a reference to a facility, element or service that is an associated facility.