Communications Act 2003

[F1 124P Appointment of manager of internet domain registry U.K.

(1) This section applies where—

(a) the Secretary of State has given a notification under section 124O to a qualifying internet domain registry specifying a failure,

(b) the period allowed for making representations has expired, and

(c) the Secretary of State is satisfied that the registry has not taken the steps that the Secretary of State considers appropriate for remedying the failure.

(2) The Secretary of State may by order appoint a manager in respect of the property and affairs of the internet domain registry for the purpose of securing that the registry takes the steps described in subsection (1)(c).

(3) The person appointed may be anyone whom the Secretary of State thinks appropriate.

(4) The appointment of the manager does not affect—

(a) a right of a person to appoint a receiver of the registry's property, or

(b) the rights of a receiver appointed by a person other than the Secretary of State.

(5) The Secretary of State must—

(a) keep the order under review, and

(b) if appropriate, discharge all or part of the order.

(6) The Secretary of State must discharge the order on the appointment of a person to act as administrative receiver, administrator, provisional liquidator or liquidator of the registry.

(7) The Secretary of State must discharge the order before the end of the period of 2 years beginning with the day on which it was made (but this does not prevent the Secretary of State from making a further order in the same or similar terms).

(8) When discharging an order under this section, the Secretary of State may make savings and transitional provision.

(9) The Secretary of State must send a copy of an order made under this section to the registry as soon as practicable after it is made.

(10) In subsection (4), “receiver” includes a manager (other than a manager appointed by the registry) and a person who is appointed as both receiver and manager.

(11) In subsection (6)—

• “administrative receiver” means an administrative receiver within the meaning of section 251 of the Insolvency Act 1986 or Article 5(1) of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19));

• “administrator” means a person appointed to manage the affairs, business and property of the registry under Schedule B1 to that Act or Schedule B1 to that Order.]

Textual Amendments

F1 Ss. 124P, 124Q inserted (6.4.2024) by Digital Economy Act 2010 (c. 24), ss. 20(1), 47(3)(a); S.I. 2023/792, art. 3(b)