{
  "url": "https://openlegislation.uk/communications-act-2003/section-105H",
  "json_url": "https://openlegislation.uk/communications-act-2003/section-105H.json",
  "legislation": "ukpga/2003/21",
  "legislation_title": "Communications Act 2003",
  "legislation_url": "https://openlegislation.uk/communications-act-2003",
  "path": "section/105H",
  "kind": "section",
  "number": "105H",
  "heading": "Effects of codes of practice about security measures",
  "text": "(1) 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.\n(2) 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—\n(a) the question relates to a time when the provision was in force; and\n(b) the provision appears to the court or tribunal to be relevant to the question.\n(3) 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—\n(a) the question relates to a time when the provision was in force; and\n(b) the provision appears to OFCOM to be relevant to the question.\n(4) In this section—\n“code of practice” means a code of practice issued under section 105E;\n“relevant function” means a function conferred on OFCOM by any of the following provisions—\n(a)section 105M (general duty of OFCOM to ensure compliance with security duties);\n(b)section 105N (power of OFCOM to assess compliance with security duties);\n(c)section 105O (power of OFCOM to give assessment notices);\n(d)section 105S (enforcement of security duties);\n(e)section 105U (enforcement of security duties: proposal for interim steps);\n(f)section 105V (enforcement of security duties: direction to take interim steps).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Ss. 105A-105D and cross-heading inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 65 (with Sch. 3 para. 2)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Ss. 105E-105I inserted (17.11.2021 for specified purposes) by Telecommunications (Security) Act 2021 (c. 31), ss. 3, 28(1)(b)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2003/21/section/105H",
    "retrieved_at": "2026-10-29T09:18:16.154105+00:00",
    "licence": "OGL-UK-3.0",
    "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
    "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
  }
}