Section 105Z26 Enforcement of requirement not to discloseF1

(1)

Sections 105Z18, 105Z19 (1) to (3), 105Z20 and 105Z21 apply in relation to a contravention by a person of a requirement not to disclose imposed under section 105Z25 as they apply in relation to a contravention by a public communications provider of a requirement imposed by a designated vendor direction, subject to subsections (2) to (6).

(2)

Section 105Z18 (as applied by this section) has effect as if, in subsection (2)(d), for sub-paragraphs (i) and (ii) there were substituted—

“(i)
bring the contravention to an end;
(ii)
limit the consequences of the contravention;”.

(3)

Section 105Z19 (as applied by this section) has effect as if—

(a)

in subsection (2), the maximum penalty specified were £10 million;

(b)

in subsection (3), the maximum penalty specified were £50,000 per day.

(4)

The Secretary of State may by regulations amend subsection (3) so as to substitute a different amount for the amount for the time being specified in subsection (3)(a) or (b).

(5)

No regulations are to be made containing provision authorised by subsection (4) unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.

(6)

Section 105Z20 (as applied by this section) has effect as if—

(a)

in subsection (6)—

(i)

in paragraph (a), for sub-paragraphs (i) and (ii) there were substituted—

“(i)
to bring the contravention to an end, and
(ii)
to limit the consequences of the contravention,”;

(ii)

in paragraph (b), for “comply with that requirement and remedy” there were substituted “bring that contravention to an end and limit”;

(iii)

in the words following paragraph (b), for “comply with that requirement or remedy” there were substituted “bring that contravention to an end or limit”;

(b)

in subsection (7)(b)(ii), for the words from “comply” to “remedy” there were substituted “bring the contravention to an end or to limit”.

Annotations

Textual amendments

F1: Ss. 105Z25, 105Z26 inserted (17.11.2021) by Telecommunications (Security) Act 2021 (c. 31), ss. 22, 28(1)(c)

Notes on Security of public electronic communications networks and services: designated vendor directions

Textual amendments

F1: Ss. 105Z1-105Z7 and cross-heading inserted (17.11.2021) by Telecommunications (Security) Act 2021 (c. 31), ss. 15(2), 28(1)(c)