Communications Act 2003

[F1 105Z12 Monitoring of designated vendor directions U.K.

(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.]

Textual Amendments

F1 Ss. 105Z12, 105Z13 inserted (17.11.2021) by Telecommunications (Security) Act 2021 (c. 31), ss. 18(2), 28(1)(c)