Telecommunications (Security) Act 2021

Further amendments

24 Further amendment concerning penalties

After section 139 of the Communications Act 2003 insert—

“139ZA Higher penalties for certain contraventions

(1) This section applies where—

(a) a person is given a notification under section 138 which specifies a proposed penalty; and

(b) the condition in subsection (2) or (3) is met.

(2) The condition in this subsection is that—

(a) the proposed penalty is in respect of a contravention of a requirement to provide information under section 135; and

(b) the demand for the information contains a statement that OFCOM consider the information to be necessary for the purpose of—

(i) carrying out any of their functions under sections 105L to 105Z;

(ii) preparing a report under section 105Z12.

(3) The condition in this subsection is that the proposed penalty is in respect of a contravention of a requirement imposed under subsection (3C) of section 135.

(4) Section 139 applies in relation to the proposed penalty as if—

(a) in subsection (4B), the maximum penalty specified were £50,000 per day;

(b) in subsection (5), the maximum penalty specified were £10 million.

(5) The Secretary of State may by regulations amend this section so as to make different provision as to the maximum penalty applying under section 139(4B) or (5).

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

25 Further consequential amendments

(1) The Communications Act 2003 is amended as follows.

(2) In section 38 (fixing of charges) in subsection (6) (list of functions by reference to which charges are to be fixed) omit paragraph (ec).

(3) In section 402 (power of Secretary of State to make orders and regulations) in subsection (2) (orders and regulations subject to negative procedure)—

(a) omit the “or” before paragraph (c);

(b) after paragraph (c) insert “or

(d) any regulations that are required, by any provision of this Act, to be laid before Parliament and approved in draft,”.