Title and introductory text
2025 No. 443
ELECTRONIC COMMUNICATIONS
The Electronic Communications (Networks and Services) (Designated Vendor Directions) (Penalties) Order 2025
Made
2nd April 2025
Coming into force in accordance with article 1(2)
The Secretary of State makes this Order in exercise of the powers conferred by sections 97(3)(a) and 402(3)(a) of the Communications Act 2003.
In accordance with section 97(4) of that Act, a draft of this instrument was laid before, and approved by resolution, of each House of Parliament.
Propose a change1 Citation, commencement and extent
(1) This Order may be cited as the Electronic Communications (Networks and Services) (Designated Vendor Directions) (Penalties) Order 2025.
(2) This Order comes into force on the day after the day on which it is made.
(3) This Order extends to England and Wales, Scotland and Northern Ireland.
Propose a change2 Network, service, facility or business by reference to which calculation of turnover falls to be made for the purposes of section 105Z19 of the Communications Act 2003
For the purposes of section 105Z19 of the Communications Act 2003 (amount of penalty), in the case of a contravention of a requirement imposed by a designated vendor direction the relevant business is so much of each business carried on by the person in respect of whose contravention the penalty is imposed as consists in—
(a) the provision of public electronic communications networks (if any),
(b) the provision of public electronic communications services (if any), and
(c) the making available of facilities that are associated facilities by reference to those networks or services (if any).
Propose a change3 Amendment of the Electronic Communications (Networks and Services) (Penalties) (Rules for Calculation of Turnover) Order 2003
(1) The Electronic Communications (Networks and Services) (Penalties) (Rules for Calculation of Turnover) Order 2003 is amended as follows.
(2) In article 2 (interpretation)—
(a) omit “and” at the end of the definition of “the Act”;
(b) omit the definition of “notified provider”.
(3) In article 3 (rules for calculation of turnover for the purposes of section 97) for “notified provider’s” substitute “person’s”.
(4) In the Schedule (rules for calculation of turnover for purposes of section 97)—
(a) in paragraph 1, for “The turnover of a notified provider” substitute “A person’s turnover”;
(b) in paragraph 2—
(i) for “The turnover of a notified provider” substitute “A person’s turnover”;
(ii) for “that provider” substitute “that person”;
(c) in paragraph 3, for “notified provider’s” substitute “person’s”;
(d) in the heading to paragraph 4, omit “to a notified provider”;
(e) in paragraph 4(1)—
(i) for “notified provider”, in both places it occurs, substitute “person”;
(ii) for “that provider’s” substitute “that person’s”;
(iii) for “that provider” substitute “that person”.
Propose a change