105Z22Urgent enforcement direction

1

The Secretary of State may give a direction under this section (“an urgent enforcement direction”) to a person if the Secretary of State determines that—

a

there are reasonable grounds for believing that 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

there are reasonable grounds for suspecting that the case is an urgent case; and

c

the urgency of the case makes it appropriate for the Secretary of State to take action under this section.

2

A case is an urgent case for the purposes of this section if the contravention has resulted in, or creates an immediate risk of—

a

a serious threat to national security; or

b

significant harm to the security of a public electronic communications network, a public electronic communications service or a facility that is an associated facility by reference to such a network or service.

3

An urgent enforcement direction must—

a

specify the requirement and contravention in respect of which it is given;

b

require the person to take such steps falling within subsection (4) as are specified in the direction;

c

specify a period within which those steps must be taken; and

d

specify the Secretary of State’s reasons for giving the direction.

4

The steps falling within this subsection are the steps that the Secretary of State has determined are appropriate—

a

for complying with the requirement; or

b

for remedying the consequences of the contravention.

5

The requirement in subsection (3)(d) does not apply if or to the extent that the Secretary of State considers that specifying reasons in the direction would be contrary to the interests of national security.

105Z23Urgent 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.

105Z24Urgent enforcement direction: enforcement

1

A person who is given an urgent enforcement direction must comply with it, whether or not it has been confirmed (unless it is revoked).

2

The duty is enforceable in civil proceedings by the Secretary of State—

a

for an injunction;

b

for specific performance of a statutory duty under section 45 of the Court of Session Act 1988; or

c

for any other appropriate remedy or relief.

• “urgent enforcement direction” has the meaning given by section 105Z22.