Communications Act 2003

[F1 105Z14 Power of OFCOM to give inspection notices U.K.

(1) This section applies where the Secretary of State has given OFCOM a monitoring direction relating to a public communications provider (and the monitoring direction has not been revoked).

(2) OFCOM may by notice (“an inspection notice”) given to the provider impose on the provider a duty to take any of the actions mentioned in subsection (4).

(3) OFCOM may exercise the power in subsection (2) for the purpose of obtaining—

(a) information (in any form) that would assist the Secretary of State in determining whether the provider has complied or is complying with—

(i) the designated vendor direction; or

(ii) a specified requirement imposed by the designated vendor direction;

(b) information (in any form) about a specified matter which is relevant to whether the provider has complied or is complying with a requirement imposed by the designated vendor direction.

(4) The actions are—

(a) to carry out surveys of a specified description of—

(i) the public electronic communications network provided by the provider;

(ii) the public electronic communications service provided by the provider; or

(iii) the associated facilities made available by the provider that are associated facilities by reference to such a network or service (as the case may be);

(b) to make arrangements of a specified description for another person to carry out surveys of a specified description of the network, service or associated facilities;

(c) to make available for interview a specified number of persons of a specified description who are involved in the provision of the network or service or the making available of the associated facilities (not exceeding the number who are willing to be interviewed);

(d) to permit an authorised person to enter specified premises;

(e) to permit an authorised person to observe any operation taking place on the premises that relates to the network, service or associated facilities;

(f) to direct an authorised person to equipment or other material on the premises that is of a specified description;

(g) to direct an authorised person to documents on the premises that are of a specified description;

(h) to assist an authorised person to view information of a specified description that is capable of being viewed using equipment on the premises;

(i) to comply with a request from an authorised person for a copy of the documents to which the person is directed and the information the person is assisted to view;

(j) to permit an authorised person to inspect or examine the documents, information, equipment or material to which the person is directed or which the person is assisted to view;

(k) to provide an authorised person with an explanation of such documents, information, equipment or material.

(5) An inspection notice may not impose on the provider a duty to permit an authorised person to enter domestic premises.

(6) An inspection notice may not impose on the provider a duty to do anything that would result in—

(a) the disclosure of documents or information in respect of which a claim to legal professional privilege (or, in Scotland, to confidentiality of communications) could be maintained in legal proceedings; or

(b) a disclosure of documents or information that is prohibited by or under an enactment mentioned in section 105A(4).

(7) An inspection notice must, in relation to each duty imposed by the notice, specify the time or times at which, or period or periods within which, the duty must be complied with.

(8) A time or period specified under subsection (7) must not be a time that falls or a period that begins before the end of the period of 28 days beginning with the day on which the inspection notice is given.

(9) In this section—

• “authorised person” means an employee of, or person authorised by, OFCOM;

• “domestic premises” means premises, or a part of premises, used as a dwelling;

• “specified” means specified in an inspection notice.]

Textual Amendments

F1 Ss. 105Z14-105Z17 inserted (17.11.2021) by Telecommunications (Security) Act 2021 (c. 31), ss. 19(2), 28(1)(c)