Section 105H Effects of codes of practice about security measuresF1F2

A failure by the provider of a public electronic communications network or a public electronic communications service to act in accordance with a provision of a code of practice does not of itself make the provider liable to legal proceedings before a court or tribunal.

In any legal proceedings before a court or tribunal, the court or tribunal must take into account a provision of a code of practice in determining any question arising in the proceedings if—

OFCOM must take into account a provision of a code of practice in determining any question arising in connection with the carrying out by them of a relevant function if—

In this section—

• “code of practice” means a code of practice issued under section 105E;

• “relevant function” means a function conferred on OFCOM by any of the following provisions—

  1. (a)

     section 105M (general duty of OFCOM to ensure compliance with security duties);

  2. (b)

     section 105N (power of OFCOM to assess compliance with security duties);

  3. (c)

     section 105O (power of OFCOM to give assessment notices);

  4. (d)

     section 105S (enforcement of security duties);

  5. (e)

     section 105U (enforcement of security duties: proposal for interim steps);

  6. (f)

     section 105V (enforcement of security duties: direction to take interim steps).