Paragraph 3 Modification of section 142 (information notices)F1

in subsection (1), for paragraphs (a) and (b) there were substituted—

“(a)

require any person to provide the F2Commission with information or documents that the Commission reasonably requires for the purposes of determining whether that person has complied or is complying with the requirements of the PEC Regulations,

(b)

require a communications provider to provide the Commission with information or documents relating to another person’s use of an electronic communications network or electronic communications service for the purposes of determining whether that other person has complied or is complying with the requirements of the PEC Regulations, or

(c)

require any person to provide the Commission with information or documents that the Commission reasonably requires for the purposes of investigating a suspected failure by another person to comply with the requirements of the PEC Regulations.”;

in subsection (2)(a), for “(b)(i) or (b)(ii)” there were substituted “(b) or (c)”;

after subsection (8) there were inserted—

“(8A)

Subsections (8B) and (8C) apply if an information notice given to a person under subsection (1)(b) or (c) contains—

(a)

a statement that a duty of confidentiality applies in relation to the notice, and

(b)

an explanation of the effects of subsections (8B) and (8C).

(8B)

The person to whom the information notice is given, and any person employed or engaged for the purpose of that person’s business, must not disclose the existence of the notice without reasonable excuse.

(8C)

Subsection (8B) does not prevent—

(a)

a disclosure to a person employed or engaged for the purpose of the business of the person to whom the notice is given,

(b)

a disclosure made with the permission of the F3Commission (whether the permission is contained in the information notice or otherwise), or

(c)

a disclosure made for the purpose of obtaining legal advice.”;

subsections (9) and (10) were omitted.