Communications Act 2003

[F1 105Z26 Enforcement of requirement not to disclose U.K.

(1) Sections 105Z18, 105Z19(1) to (3), 105Z20 and 105Z21 apply in relation to a contravention by a person of a requirement not to disclose imposed under section 105Z25 as they apply in relation to a contravention by a public communications provider of a requirement imposed by a designated vendor direction, subject to subsections (2) to (6).

(2) Section 105Z18 (as applied by this section) has effect as if, in subsection (2)(d), for sub-paragraphs (i) and (ii) there were substituted—

“(i) bring the contravention to an end;

(ii) limit the consequences of the contravention;”.

(3) Section 105Z19 (as applied by this section) has effect as if—

(a) in subsection (2), the maximum penalty specified were £10 million;

(b) in subsection (3), the maximum penalty specified were £50,000 per day.

(4) The Secretary of State may by regulations amend subsection (3) so as to substitute a different amount for the amount for the time being specified in subsection (3)(a) or (b).

(5) No regulations are to be made containing provision authorised by subsection (4) unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.

(6) Section 105Z20 (as applied by this section) has effect as if—

(a) in subsection (6)—

(i) in paragraph (a), for sub-paragraphs (i) and (ii) there were substituted—

“(i) to bring the contravention to an end, and

(ii) to limit the consequences of the contravention,”;

(ii) in paragraph (b), for “comply with that requirement and remedy” there were substituted “bring that contravention to an end and limit”;

(iii) in the words following paragraph (b), for “comply with that requirement or remedy” there were substituted “bring that contravention to an end or limit”;

(b) in subsection (7)(b)(ii), for the words from “comply” to “remedy” there were substituted “bring the contravention to an end or to limit”.]

Textual Amendments

F1 Ss. 105Z25, 105Z26 inserted (17.11.2021) by Telecommunications (Security) Act 2021 (c. 31), ss. 22, 28(1)(c)