Explanatory note

These Regulations are made under section 80A of the Serious Crime Act 2015 (c. 9) and provide a mechanism for a court to make a drug dealing telecommunications restriction order (“DDTRO”) requiring the disconnection of a communication device, phone number or something else used with a communication device which is being used in connection with drug dealing offences.

Regulation 3 sets out what the court must be satisfied of before making a DDTRO. It also contains, at regulation 3(3), a power for the court to provide that an order, or any specified requirement of it, is not to apply in certain circumstances. This is to cater for the situation whereby a communication device is disconnected in error and obviates the need for an individual to apply to the court for the order to be varied or discharged.

Regulation 4 specifies who may apply for a DDTRO and that such an application must be made without notice and without any affected party being present.

Regulation 5 imposes requirements on the applicant to give certain notice and information as specified (including information to the communications provider where a device is disconnected in error).

Regulation 6 provides that a communications provider must notify the person who applied for a DDTRO, and the Office of Communications (OFCOM), that the order has been complied with.

Regulation 7 makes provision as to the costs involved in complying with a DDTRO.

Regulation 8 makes provision about appeals, including provision restricting the awarding of costs (or, in Scotland, expenses) in the event of an unsuccessful appeal.

Regulation 9 provides that, at the request of the applicant for a DDTRO (but not otherwise), the court may order that information submitted to the court may not be disclosed without the permission of the court to anyone apart from the applicant or any other person(s) specified in the non-disclosure order.

Regulation 10 provides that the court may discharge a DDTRO (or any other order under the Regulations, for example an order under regulation 9), or extend or otherwise vary it. It makes further provision with respect to who may apply to the court in this regard and ancillary matters.

Regulation 11(1) provides that hearings in connection with an application for a DDTRO must be held and determined in private. Regulation 11(2) confirms that appeals must be held in public.

Regulation 12 contains a requirement for the Secretary of State to carry out a review of these Regulations.

These Regulations have been notified in draft to the European Commission in accordance with Directive (EU) 2015/1535 of the European Parliament and of the Council laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (OJ L 241, 17.9.2015, p.1).

A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is annexed to the Explanatory Memorandum which is available alongside the instrument at www.legislation.gov.uk.