Part 2Networks, services and the radio spectrum

Chapter 1Electronic communications networks and services

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

F1105Z23Urgent enforcement direction: confirmation

(1)

As soon as reasonably practicable after giving an urgent enforcement direction, the Secretary of State must—

(a)

confirm the direction; or

(b)

revoke the direction (see section 105Z24).

(2)

The Secretary of State may confirm an urgent enforcement direction with or without modifications.

(3)

The Secretary of State may confirm an urgent enforcement direction only if the Secretary of State has determined that—

(a)

the person is contravening, or has contravened—

(i)

a requirement imposed by a designated vendor direction; or

(ii)

a requirement not to disclose imposed under section 105Z25;

(b)

the contravention has resulted in, or creates an immediate risk of, a threat or harm described in section 105Z22(2)(a) or (b); and

(c)

it is appropriate to confirm the urgent enforcement direction, with any modifications, to prevent, reduce or remove that threat or harm or immediate risk.

(4)

Before confirming an urgent enforcement direction, the Secretary of State must—

(a)

give notice to the person to whom the direction was given that the Secretary of State proposes to confirm the direction; and

(b)

give the person—

(i)

an opportunity of making representations about the grounds on which it was given and its effect; and

(ii)

an opportunity of proposing steps to remedy the situation.

(5)

The notice under subsection (4)(a) must—

(a)

state that the Secretary of State proposes to confirm the direction;

(b)

specify any proposed modifications of the direction;

(c)

specify the Secretary of State’s reasons for confirming the direction and for any modifications; and

(d)

specify a reasonable period for making representations.

(6)

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

(7)

As soon as reasonably practicable after determining whether to confirm the direction, the Secretary of State must by notice inform the person to whom it was given of the determination.