Telecommunications (Security) Act 2021
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Change 1
9 Relationship between security duties and certain other duties etc
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— section 96C as applied by section 105S; or any of sections 105A to 105D, 105I to 105K, 105L(6), (7)(c) and (8), 105N(2)(a), 105O and 105V.
9 Relationship between security duties and certain other duties etc
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— section 96C as applied by section 105S; or any of sections 105A to 105D, 105I to 105K, 105L(6), (7)(c) and (8), 105N(2)(a), 105O and 105V.
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