Part 2Networks, services and the radio spectrum

Chapter 1Electronic communications networks and services

F2Security of public electronic communications networks and services: designated vendor directions

Annotations:
Amendments (Textual)

105Z12F1Monitoring of designated vendor directions

1

The Secretary of State may give OFCOM a direction (“a monitoring direction”) requiring them—

a

to obtain information relating to a specified public communications provider’s compliance with a designated vendor direction;

b

to prepare and send a report to the Secretary of State based on that information; and

c

to provide to the Secretary of State on request the information on which a report falling within paragraph (b) is based.

2

The information that OFCOM may be required to obtain under subsection (1)(a) is—

a

information that would assist the Secretary of State in determining whether the provider has complied, is complying or is preparing to comply with—

i

the designated vendor direction; or

ii

a specified requirement imposed by the designated vendor direction;

b

information about a specified matter which is relevant to compliance with a requirement imposed by the designated vendor direction;

c

if the provider has been required to provide a plan under section 105Z7, information about whether the provider is acting in accordance with the plan.

3

A monitoring direction may make provision about—

a

the form of a report;

b

the content of a report.

4

A monitoring direction may, in particular, require a report to include—

a

OFCOM’s analysis of information gathered by them;

b

an explanation of their analysis.

5

A monitoring direction may require OFCOM to give the Secretary of State separate reports on different matters.

6

A monitoring direction may make provision about the time or times at which OFCOM must report to the Secretary of State, including provision requiring OFCOM to give reports at specified intervals.

7

OFCOM must exercise their powers to obtain information in such manner as they consider appropriate for the purposes of preparing a report required by a monitoring direction.

8

The Secretary of State may give OFCOM more than one monitoring direction in relation to a designated vendor direction.

9

The Secretary of State may vary or revoke a monitoring direction.

10

The Secretary of State must consult OFCOM before giving or varying a monitoring direction.

11

In this section “specified” means specified in a monitoring direction.