Communications Act 2003

[F1 105Z22 Urgent enforcement direction U.K.

(1) The Secretary of State may give a direction under this section (“an urgent enforcement direction”) to a person if the Secretary of State determines that—

(a) there are reasonable grounds for believing that the person is contravening, or has contravened—

(i) a requirement imposed by a designated vendor direction; or

(ii) a requirement not to disclose imposed under section 105Z25;

(b) there are reasonable grounds for suspecting that the case is an urgent case; and

(c) the urgency of the case makes it appropriate for the Secretary of State to take action under this section.

(2) A case is an urgent case for the purposes of this section if the contravention has resulted in, or creates an immediate risk of—

(a) a serious threat to national security; or

(b) significant harm to the security of a public electronic communications network, a public electronic communications service or a facility that is an associated facility by reference to such a network or service.

(3) An urgent enforcement direction must—

(a) specify the requirement and contravention in respect of which it is given;

(b) require the person to take such steps falling within subsection (4) as are specified in the direction;

(c) specify a period within which those steps must be taken; and

(d) specify the Secretary of State’s reasons for giving the direction.

(4) The steps falling within this subsection are the steps that the Secretary of State has determined are appropriate—

(a) for complying with the requirement; or

(b) for remedying the consequences of the contravention.

(5) The requirement in subsection (3)(d) does not apply if or to the extent that the Secretary of State considers that specifying reasons in the direction would be contrary to the interests of national security.]

Textual Amendments

F1 Ss. 105Z22-105Z24 inserted (17.11.2021) by Telecommunications (Security) Act 2021 (c. 31), ss. 21(2), 28(1)(c)