Securing compliance with security duties

Relationship between security duties and certain other duties etc
9
After section 105W of the Communications Act 2003 insert—

Relationship between security duties and certain other duties etc
105X
1
A security duty imposed on a provider of a public electronic communications network or a public electronic communications service does not apply in so far as compliance with the duty would—
a
result in a failure by the provider to comply with a duty or prohibition imposed by or under an enactment mentioned in section 105A(4);
b
prevent the provider from giving effect to a warrant or authorisation that has been issued or given under an enactment mentioned in section 105A(4);
c
prevent the provider from providing a person with assistance in giving effect to a warrant or authorisation that has been issued or given under an enactment mentioned in section 105A(4); or
d
prevent the provider from providing a person with assistance in exercising any power conferred by or under prison rules.
2
In this section—
- “prison rules” has the same meaning as in section 105A;
- “security duty” means a duty imposed by or under—
  1. section 96C as applied by section 105S; or
  2. any of sections 105A to 105D, 105I to 105K, 105L(6), (7)(c) and (8), 105N(2)(a), 105O and 105V.
S. 9 not in force at Royal Assent, see s. 28
S. 9 in force at 1.10.2022 by S.I. 2022/931, reg. 2(b)