Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Duties of providers of public electronic communications networks and services
The Communications Act 2003 is amended as follows.
For sections 105A to 105D substitute—
In section 151 (interpretation of Chapter 1 of Part 2) at the appropriate place in subsection (1) insert— .
After section 105B of the Communications Act 2003 insert—
After section 105D of the Communications Act 2003 insert—
Informing others of security compromises
The Communications Act 2003 is amended as follows.
After section 105I insert—
In section 393 (general restrictions on disclosure of information) in subsection (6) (exceptions) in paragraph (aza) for “or 25” substitute “, 25 or 105L”.
Securing compliance with security duties
After section 105L of the Communications Act 2003 insert—
The Communications Act 2003 is amended as follows.
After section 105M insert—
In section 135 (information required for purposes of certain OFCOM functions) in subsection (3) (particular purposes for which information may be required) after paragraph (i) insert— .
In Schedule 8 (decisions not subject to appeal) after paragraph 7 insert—
The Communications Act 2003 is amended as follows.
After section 105R insert—
In section 113 (suspension of application of the electronic communications code) in subsection (2)(b) for “section 105D” substitute “section 105S”.
After section 105V of the Communications Act 2003 insert—
After section 105W of the Communications Act 2003 insert—
The Communications Act 2003 is amended as follows.
After section 105X insert—
In Schedule 8 (decisions not subject to appeal) after paragraph 7A (inserted by section 6(4)) insert—
Reports on security etc
The Communications Act 2003 is amended as follows.
After section 105Y insert—
In section 134B (matters to be dealt with by OFCOM reports on infrastructure)—
in subsection (1) (the electronic communications networks matters) after paragraph (h) insert— ; and
in subsection (2) (the electronic communications services matters) after paragraph (f) (but before the “and” after it) insert— .
In section 135 (information required for purposes of certain OFCOM functions) in subsection (3) (particular purposes for which information may be required) after paragraph (iza) (inserted by section 6(3)) insert— .
In section 393 (general restrictions on disclosure of information) in subsection (6) (exceptions) after paragraph (b) insert— .
In Schedule 8 (decisions not subject to appeal) after paragraph 7B (inserted by section 10(3)) insert—
The Communications Act 2003 is amended as follows.
In section 24B (provision of information to assist in formulation of policy) after subsection (2) insert—
In section 135 (power of OFCOM to require information for the purposes of certain functions)—
in subsection (3) (particular purposes for which information may be required)—
after paragraph (izb) (inserted by section 11(4)) insert— ;
omit paragraphs (ie) and (if);
in subsection (3A) (particular descriptions of information that may be required) before paragraph (a) insert— ;
after subsection (3B) insert— ; and
in subsection (4) for the words from “required” to “it” substitute “must comply with a requirement imposed under this section”.
In section 137 (restrictions on imposing information requirements)—
in subsection (1) for “information may be required” substitute “requirements may be imposed”;
omit subsection (2A); and
after subsection (6) insert—
Section 194A of the Communications Act 2003 (disposal of appeals against decisions of OFCOM etc) is amended as follows.
After subsection (2) insert—
In subsection (6) at the end insert—
After each review the Secretary of State must publish a report of the review and lay a copy before Parliament.
The reports must be published not more than 5 years apart.
The first report must be published within the period of 5 years beginning with the day on which this Act is passed.
Designated vendor directions
The Communications Act 2003 is amended as follows.
After section 105Z insert—
In section 151 (interpretation of Chapter 1 of Part 2) at the appropriate place in subsection (1) insert— ; .
The Communications Act 2003 is amended as follows.
After section 105Z7 insert—
In section 151 (interpretation of Chapter 1 of Part 2) at the appropriate place in subsection (1) insert— .
After section 105Z10 of the Communications Act 2003 insert—
Monitoring and enforcement
The Communications Act 2003 is amended as follows.
After section 105Z11 insert—
In section 135 (information required for purposes of certain OFCOM functions) in subsection (3) (particular purposes for which information may be required) before paragraph (ia) insert— .
In section 151 (interpretation of Chapter 1 of Part 2) at the appropriate place in subsection (1) insert— .
In section 393 (general restrictions on disclosure of information) in subsection (6) (exceptions) before paragraph (ba) insert— .
In Schedule 8 (decisions not subject to appeal) after paragraph 11 insert—
The Communications Act 2003 is amended as follows.
After section 105Z13 insert—
In section 113 (suspension of application of the electronic communications code) in subsection (2)(b) (a condition for suspension) at the end of the words in parentheses insert “or 105Z17”.
In section 151 (interpretation of Chapter 1 of Part 2) at the appropriate place in subsection (1) insert— .
In Schedule 8 (decisions not subject to appeal) before paragraph 8 insert—
After section 105Z17 of the Communications Act 2003 insert—
The Communications Act 2003 is amended as follows.
After section 105Z21 insert—
In section 151 (interpretation of Chapter 1 of Part 2) at the appropriate place in subsection (1) insert—
Designated vendor directions: further provision
After section 105Z24 of the Communications Act 2003 insert—
After section 105Z26 of the Communications Act 2003 insert—
Further amendments
After section 139 of the Communications Act 2003 insert—
The Communications Act 2003 is amended as follows.
In section 38 (fixing of charges) in subsection (6) (list of functions by reference to which charges are to be fixed) omit paragraph (ec).
In section 402 (power of Secretary of State to make orders and regulations) in subsection (2) (orders and regulations subject to negative procedure)—
omit the “or” before paragraph (c);
after paragraph (c) insert .
Final
There is to be paid out of money provided by Parliament any increase attributable to this Act in the sums payable under any other Act out of money so provided.
This Act extends to England and Wales, Scotland and Northern Ireland.
The following provisions come into force on the day on which this Act is passed—
section 3, so far as it confers power to issue codes of practice;
section 26;
section 27;
this section;
section 29.
The following provisions come into force on such day as the Secretary of State may by regulations made by statutory instrument appoint—
section 24 (so far as not already in force by virtue of subsection (1));
section 25(2).
Different days may be appointed for different purposes.
The Secretary of State may by regulations made by statutory instrument make transitional, transitory or saving provision in connection with the coming into force of any provision of this Act.
This Act may be cited as the Telecommunications (Security) Act 2021.