OpenLegislation

Section 105X Relationship between security duties and certain other duties etcF1

(1)

A security duty imposed on a provider of a public electronic communications network or a public electronic communications service does not apply in so far as compliance with the duty would—

(a)

result in a failure by the provider to comply with a duty or prohibition imposed by or under an enactment mentioned in section 105A(4);

(b)

prevent the provider from giving effect to a warrant or authorisation that has been issued or given under an enactment mentioned in section 105A(4);

(c)

prevent the provider from providing a person with assistance in giving effect to a warrant or authorisation that has been issued or given under an enactment mentioned in section 105A(4); or

(d)

prevent the provider from providing a person with assistance in exercising any power conferred by or under prison rules.

(2)

In this section—

  • “prison rules” has the same meaning as in section 105A;

  • “security duty” means a duty imposed by or under—

    1. (a)

      section 96C as applied by section 105S; or

    2. (b)

      any of sections 105A to 105D, 105I to 105K, 105L(6), (7)(c) and (8), 105N(2)(a), 105O and 105V.

Annotations

Textual amendments

F1

S. 105X inserted (1.10.2022) by Telecommunications (Security) Act 2021 (c. 31), ss. 9, 28(2)(b); S.I. 2022/931, reg. 2(b)

Notes on Security of public electronic communications networks and services

Textual amendments

F1

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)