Part 2Networks, services and the radio spectrum

Chapter 1Electronic communications networks and services

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

105Z6Notice of variation and revocation of designated vendor directions

(1)

The Secretary of State must give notice of a variation of a designated vendor direction under section 105Z5 to the public communications provider or providers subject to the direction as varied.

(2)

The notice of variation must specify—

(a)

how the direction is varied;

(b)

the reasons for the variation;

(c)

the time at which the variation, or each of them, comes into force.

(3)

The requirement in subsection (2)(b) 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.

(4)

The Secretary of State must send a copy of the notice of variation to the designated vendor or vendors specified in the direction as varied, if or to the extent that it is reasonably practicable to do so.

(5)

The requirement in subsection (4) does not apply, in the case of a designated vendor, if the Secretary of State considers that sending a copy of the notice of variation to that designated vendor would be contrary to the interests of national security.

(6)

The Secretary of State may exclude from the copy of the notice of variation anything the disclosure of which the Secretary of State considers—

(a)

would, or would be likely to, prejudice to an unreasonable degree the commercial interests of the public communications provider or providers subject to the direction as varied; or

(b)

would be contrary to the interests of national security.

(7)

The Secretary of State must give notice of a revocation of a designated vendor direction under section 105Z5 to the public communications provider or providers subject to the direction as it had effect before the revocation.

(8)

The notice of revocation must specify—

(a)

the time at which the revocation comes into force;

(b)

if the direction is partly revoked, what part of the direction is revoked.

(9)

The Secretary of State must send a copy of the notice of revocation to the designated vendor or vendors specified in the direction as it had effect before the revocation, if or to the extent that it is reasonably practicable to do so.

(10)

The requirement in subsection (9) does not apply, in the case of a designated vendor, if the Secretary of State considers that sending a copy of the notice of revocation to that designated vendor would be contrary to the interests of national security.

(11)

Where the direction is partly revoked, the Secretary of State may exclude from the copy of the notice of revocation anything the disclosure of which the Secretary of State considers—

(a)

would, or would be likely to, prejudice to an unreasonable degree the commercial interests of any person; or

(b)

would be contrary to the interests of national security.