Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

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

Notification of contravention
105Z18
1
Where the Secretary of State determines that there are reasonable grounds for believing that a public communications provider is contravening, or has contravened—
a
a requirement imposed by a designated vendor direction, or
b
a requirement under section
105Z7
,
the Secretary of State may give the provider a notification under this section.
2
A notification under this section is one which—
a
sets out the Secretary of State’s determination;
b
specifies the requirement and contravention in respect of which the determination is made;
c
specifies the period during which the provider has an opportunity to make representations;
d
specifies the steps that the Secretary of State thinks should be taken by the provider in order to—
i
comply with the requirement;
ii
remedy the consequences of the contravention;
e
specifies the penalty which the Secretary of State is minded to impose.
3
A notification under this section may be given in respect of more than one contravention.
4
If a notification under this section relates to more than one contravention, a separate penalty may be specified under subsection
(2)
(e)
in respect of each contravention.
5
If a notification under this section is given in respect of a continuing contravention, it may be given in respect of any period during which the contravention has continued.
6
If a notification under this section relates to a continuing contravention, no more than one penalty may be specified under subsection
(2)
(e)
in respect of the period of contravention specified in the notification.
7
Notwithstanding subsection
(6)
, in relation to a continuing contravention, a penalty may be specified in respect of each day on which the contravention continues after—
a
the giving of a confirmation decision under section
105Z20
which requires immediate action in respect of that contravention (see section
105Z20
(6)
(a)
); or
b
the expiry of any period specified in the confirmation decision for complying with the requirement being contravened.
8
Where a notification under this section has been given to a public communications provider in respect of a contravention of a requirement, the Secretary of State may give a further notification in respect of the same contravention of that requirement if, and only if—
a
the contravention is one occurring after the time of the giving of the earlier notification;
b
the contravention is a continuing contravention and the subsequent notification is in respect of so much of a period as falls after a period to which the earlier notification relates; or
c
the earlier notification has been withdrawn without a penalty having been imposed in respect of the notified contravention.
Ss. 105Z18-105Z21 inserted (17.11.2021) by Telecommunications (Security) Act 2021 (c. 31), ss. 20, 28(1)(c)
Ss. 105Z1-105Z7 and cross-heading inserted (17.11.2021) by Telecommunications (Security) Act 2021 (c. 31), ss. 15(2), 28(1)(c)