Part 9

Miscellaneous and general provisions
CHAPTER 1

Miscellaneous

Compliance with Act

Payments towards certain compliance costs
249
1
The Secretary of State must ensure that arrangements are in force for securing that telecommunications operators and postal operators receive an appropriate contribution in respect of such of their relevant costs as the Secretary of State considers appropriate.
2
In subsection (1) “relevant costs” means costs incurred, or likely to be incurred, by telecommunications operators and postal operators in complying with this Act.
3
The arrangements may provide for payment of a contribution to be subject to terms and conditions determined by the Secretary of State.
4
Such terms and conditions may, in particular, include a condition on the operator concerned to comply with any audit that may reasonably be required to monitor the claim for costs.
5
The arrangements may provide for the Secretary of State to determine—
a
the scope and extent of the arrangements, and
b
the appropriate level of contribution which should be made in each case.
6
Different levels of contribution may apply for different cases or descriptions of case but the appropriate contribution must never be nil.
7
A retention notice under Part 4 given to a telecommunications operator or a postal operator, or a national security notice under section 252 given to a telecommunications operator, must specify the level or levels of contribution which the Secretary of State has determined should be made in respect of the costs incurred, or likely to be incurred, by the operator as a result of the notice in complying with that Part or (as the case may be) with the national security notice.
8
For the purpose of complying with this section the Secretary of State may make, or arrange for the making of, payments out of money provided by Parliament.
S. 249 in force at 12.3.2018 for specified purposes by S.I. 2018/341, reg. 2(e)
S. 249 in force at 27.6.2018 in so far as not already in force by S.I. 2018/652, reg. 12(a)
S. 249 in force at 30.12.2016 for specified purposes by S.I. 2016/1233, reg. 2(o)