Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

Online infringement of copyright: obligations of internet service providers

Initial obligations code by OFCOM in the absence of an approved code
124D
1
For any period when sections 124A and 124B are in force but for which there is no approved initial obligations code under section 124C,
OFCOM
must by order make a code for the purpose of regulating the initial obligations.
2
OFCOM
may but need not make a code under subsection (1) for a time before the end of—
a
the period of six months beginning with the day on which sections 124A and 124B come into force, or
b
such longer period as the Secretary of State may specify by notice to OFCOM.
3
The Secretary of State may give a notice under subsection (2)(b) only if it appears to the Secretary of State that it is not practicable for
OFCOM
to make a code with effect from the end of the period mentioned in subsection (2)(a) or any longer period for the time being specified under subsection (2)(b).
4
A code under this section may do any of the things mentioned in section 124C(3) to (5).
5
A code under this section may also—
a
confer jurisdiction with respect to any matter (other than jurisdiction to determine appeals by subscribers) on
OFCOM
themselves;
b
provide for
OFCOM
, in exercising such jurisdiction, to make awards of compensation, to direct the reimbursement of costs, or to do both;
c
provide for
OFCOM
to enforce, or to participate in the enforcement of, any awards or directions made under the code;
d
make other provision for the enforcement of such awards and directions;
e
establish a body corporate, with the capacity to make its own rules and establish its own procedures, for the purpose of determining subscriber appeals;
f
provide for a person with the function of determining subscriber appeals to enforce, or to participate in the enforcement of, any awards or directions made by the person;
g
make other provision for the enforcement of such awards and directions; and
h
make other provision for the purpose of regulating the initial obligations.
6
OFCOM
must not make a code under this section unless they are satisfied that it meets the criteria set out in section 124E.
7
OFCOM
must—
a
keep a code under this section under review; and
b
by order make any amendment of it that is necessary to ensure that while it is in force it continues to meet the criteria set out in section 124E.
8
The consent of the Secretary of State is required for the making or amendment by
OFCOM
of a code under this section.
9
Section 403 applies to the power of
OFCOM
to make an order under this section.
10
A statutory instrument containing an order made by
OFCOM
under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
S. 124A and cross-heading inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 3, 47(1)
S. 124D inserted (8.4.2010) by Digital Economy Act 2010 (c. 24), ss. 6, 47(2)(a)