# Communications Act 2003, Section 105H: Effects of codes of practice about security measures


(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.
(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—
(a) the question relates to a time when the provision was in force; and
(b) the provision appears to the court or tribunal to be relevant to the question.
(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—
(a) the question relates to a time when the provision was in force; and
(b) the provision appears to OFCOM to be relevant to the question.
(4) 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—
(a)section 105M (general duty of OFCOM to ensure compliance with security duties);
(b)section 105N (power of OFCOM to assess compliance with security duties);
(c)section 105O (power of OFCOM to give assessment notices);
(d)section 105S (enforcement of security duties);
(e)section 105U (enforcement of security duties: proposal for interim steps);
(f)section 105V (enforcement of security duties: direction to take interim steps).

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Source: https://www.legislation.gov.uk/ukpga/2003/21/section/105H (the official version)
Page: https://openlegislation.uk/communications-act-2003/section-105H
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.