# Communications Act 2003, Section 105Z26: Enforcement of requirement not to disclose


(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”.

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Source: https://www.legislation.gov.uk/ukpga/2003/21/section/105Z26 (the official version)
Page: https://openlegislation.uk/communications-act-2003/section-105Z26
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

