Communications Act 2003
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Change 1
105H Effects of codes of practice about security measures
(1) A failure by the provider of a public electronic communications network or a public electronic communications service to act in accordance with a provision of a code of practice does not of itself make the provider liable to legal proceedings before a court or tribunal. (2) In any legal proceedings before a court or tribunal, the court or tribunal must take into account a provision of a code of practice in determining any question arising in the proceedings if— (a) the question relates to a time when the provision was in force; and (b) the provision appears to the court or tribunal to be relevant to the question. (3) OFCOM must take into account a provision of a code of practice in determining any question arising in connection with the carrying out by them of a relevant function if— (a) the question relates to a time when the provision was in force; and (b) the provision appears to OFCOM to be relevant to the question. (4) In this section— “code of practice” means a code of practice issued under section 105E; “relevant function” means a function conferred on OFCOM by any of the following provisions— section 105M (general duty of OFCOM to ensure compliance with security duties); section 105N (power of OFCOM to assess compliance with security duties); section 105O (power of OFCOM to give assessment notices); section 105S (enforcement of security duties); section 105U (enforcement of security duties: proposal for interim steps); section 105V (enforcement of security duties: direction to take interim steps).
105H Effects of codes of practice about security measures
(1) A failure by the provider of a public electronic communications network or a public electronic communications service to act in accordance with a provision of a code of practice does not of itself make the provider liable to legal proceedings before a court or tribunal. (2) In any legal proceedings before a court or tribunal, the court or tribunal must take into account a provision of a code of practice in determining any question arising in the proceedings if— (a) the question relates to a time when the provision was in force; and (b) the provision appears to the court or tribunal to be relevant to the question. (3) OFCOM must take into account a provision of a code of practice in determining any question arising in connection with the carrying out by them of a relevant function if— (a) the question relates to a time when the provision was in force; and (b) the provision appears to OFCOM to be relevant to the question. (4) In this section— “code of practice” means a code of practice issued under section 105E; “relevant function” means a function conferred on OFCOM by any of the following provisions— section 105M (general duty of OFCOM to ensure compliance with security duties); section 105N (power of OFCOM to assess compliance with security duties); section 105O (power of OFCOM to give assessment notices); section 105S (enforcement of security duties); section 105U (enforcement of security duties: proposal for interim steps); section 105V (enforcement of security duties: direction to take interim steps).
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