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Communications Act 2003
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Changes to legislation:
Communications Act 2003, Section 105Z28 is up to date with all changes known to be in force on or before 12 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 105Z28:
- specified provision(s) amendment to earlier commencing SI 2003/1900, art. 3(2) by S.I. 2003/3142 art. 1(3)
- specified provision(s) amendment to earlier commencing SI 2003/3142 by S.I. 2004/1492 art. 2
- specified provision(s) amendment to earlier commencing SI 2003/3142 by S.I. 2004/697 art. 2
- specified provision(s) amendment to earlier commencing SI 2003/3142 art. 4 Sch. 2 by S.I. 2004/545 art. 2
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 148A and cross-heading inserted by 2022 c. 46 s. 73(2)
- s. 204A-204C substituted for s. 204-206 by 2024 c. 15 s. 32(2)
- s. 264(10A)(10B) inserted by 2024 c. 15 s. 1(3)
- s. 270(3)(ca) inserted by 2024 c. 15 s. 6(3)
- s. 270(4A) inserted by 2024 c. 15 s. 6(4)
- s. 270(7A) inserted by 2024 c. 15 s. 6(7)
- s. 278A inserted by 2024 c. 15 s. 10
- s. 351(4)(aa) inserted by 2024 c. 15 Sch. 2 para. 58(2)(b)
- s. 351(5)(aa) substituted for s. 351(5)(a) by 2024 c. 15 Sch. 2 para. 58(3)(a)
- s. 353(4)(aa) inserted by 2024 c. 15 Sch. 2 para. 59(2)(b)
- s. 368E(5)(d)(e) inserted by 2017 c. 30 s. 94(3)
- s. 370(13) inserted by 2024 c. 13 Sch. 29 para. 7(2)
- s. 371(13) inserted by 2024 c. 13 Sch. 29 para. 7(3)
- s. 393(5)(t) inserted by 2024 c. 13 Sch. 30 para. 28(b)
- s. 402(2A)(za)(zb) inserted by 2022 c. 46 Sch. para. 2
- Sch. 3A para. 21(6) inserted by 2022 c. 46 Sch. para. 3(5)(b)
- Sch. 3A para. 37(3)(aza) inserted by 2022 c. 46 Sch. para. 3(9)
- Sch. 3A para. 84(1)(aza) inserted by 2022 c. 46 Sch. para. 3(10)
- Sch. 3A para. 103(1)(ca) inserted by 2022 c. 46 s. 70
- Sch. 3A para. 119A inserted by 2022 c. 46 s. 72
- Sch. 3A Pt. 4ZA inserted by 2022 c. 46 s. 67(1)
- Sch. 12 para. 1(15) inserted by 2024 c. 15 Sch. 1 para. 1(10)
- Sch. 12 para. 4(2A) inserted by 2024 c. 15 Sch. 4 para. 52(4)
- Sch. 12 para. 7(14) inserted by 2024 c. 15 Sch. 1 para. 2(10)
- Sch. 12 para. 3(6)-(7B) substituted for Sch. 12 para. 3(6)(7) by 2024 c. 15 Sch. 4 para. 51(4)
[F1105Z28Restrictions on imposing information requirementsU.K.
This section has no associated Explanatory Notes
(1)This section limits the purposes for which, and manner in which, requirements may be imposed under section 105Z27.
(2)The Secretary of State is not to require a person to provide information under section 105Z27 except by a notice served on the person that—
(a)describes the required information; and
(b)sets out the Secretary of State’s reasons for requiring it.
(3)The Secretary of State is not to impose a requirement on a person under section 105Z27(3) except by a notice served on the person that sets out the requirement and the Secretary of State’s reasons for imposing it.
(4)The requirements in subsections (2)(b) and (3) do not apply if or to the extent that the Secretary of State considers that setting out reasons in the notice would be contrary to the interests of national security.
(5)The Secretary of State is not to require the provision of information under section 105Z27 except where the making of a demand for the information is proportionate to the use to which the information is to be put in the carrying out of the Secretary of State’s functions.
(6)The Secretary of State is not to impose a requirement on a person under section 105Z27(3) except where the imposition of the requirement is proportionate to the use to which the information required to be produced, generated, obtained, collected or retained (including information required to be produced or generated by processing, collating or analysing) is to be put in the carrying out of the Secretary of State’s functions.
(7)A requirement to provide information under section 105Z27 does not require a person to disclose information in respect of which a claim to legal professional privilege (or, in Scotland, to confidentiality of communications) could be maintained in legal proceedings.]
Textual Amendments
F1Ss. 105Z27-105Z29 inserted (17.11.2021) by Telecommunications (Security) Act 2021 (c. 31), ss. 23, 28(1)(c)
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