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- Original (As enacted)
This is the original version (as it was originally enacted).
(1)In this Part “relevant connectable product” means a product that meets conditions A and B.
(2)Condition A is that the product is—
(a)an internet-connectable product, or
(b)a network-connectable product.
(For the meaning of these terms, see section 5.)
(3)Condition B is that the product is not an excepted product (see section 6).
(1)In this Part “internet-connectable product” means a product that is capable of connecting to the internet.
(2)The reference in subsection (1) to connecting to the internet is a reference to using a communication protocol that forms part of the Internet Protocol suite to send and receive data over the internet.
(3)In this Part “network-connectable product” means a product that—
(a)is capable of both sending and receiving data by means of a transmission involving electrical or electromagnetic energy,
(b)is not an internet-connectable product, and
(c)meets the first connectability condition (see subsection (4)) or the second connectability condition (see subsection (5)).
(4)A product meets the first connectability condition if it is capable of connecting directly to an internet-connectable product by means of a communication protocol that forms part of the Internet Protocol suite.
(5)A product meets the second connectability condition if—
(a)it is capable of connecting directly to two or more products at the same time by means of a communication protocol that does not form part of the Internet Protocol suite, and
(b)it is capable of connecting directly to an internet-connectable product by means of such a communication protocol (whether or not at the same time as it connects to any other product).
(6)In determining whether the condition in subsection (5)(a) is met in relation to a product (“the relevant product”), any product consisting of a wire or cable that is used merely to connect the relevant product to another product is to be disregarded.
(7)In a case where—
(a)two or more products are designed to be used together for the purposes of facilitating the use of a computer,
(b)at least one of the products (the “linking product”) is capable of connecting directly to an internet-connectable product (whether the computer or some other product) by means of a communication protocol that does not form part of the Internet Protocol suite, and
(c)each of the products that is not a linking product (“the input products”) is capable of connecting directly to the linking product, or (where there is more than one linking product) to each linking product—
(i)wirelessly, and
(ii)by means of a communication protocol that does not form part of the Internet Protocol suite,
each of the input products is to be treated for the purposes of subsection (3) as meeting the second connectability condition.
(8)For the purposes of subsections (4) to (7), a product is not to be prevented from being regarded as connecting directly to another product merely because the connection involves the use of a wire or cable.
(1)In this Part “excepted product” means a product of a description specified in regulations made by the Secretary of State.
(2)The provision that may be made by regulations under this section includes, among other things—
(a)provision as to whether, in a case where a product (“the secondary product”) is incorporated into or attached to, or otherwise forms part of, another product (“the primary product”), the primary product is, or is not, to be regarded as an excepted product;
(b)provision as to whether, in such a case, the secondary product is, or is not, to be regarded as an excepted product.
(3)Regulations under this section are subject to the negative resolution procedure if the only provision they make under this section is provision—
(a)varying any description of product specified in regulations under this section, or
(b)specifying any description of product in relation to which requirements relating to security that, in the opinion of the Secretary of State, are equivalent to those specified under this Part will apply.
(4)Except as provided by subsection (3), regulations under this section are subject to the affirmative resolution procedure.
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