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Section 2 Further provision about regulations under section 1I1I2

United Kingdom

(1)

A security requirement may relate to (among other things) all the relevant connectable products of—

(a)

a relevant person, or

(b)

a relevant person of a particular description.

(2)

For the purposes of subsection (1), the relevant connectable products of a relevant person are—

(a)

in the case of a person who is a manufacturer, any relevant connectable products in respect of which the person is a manufacturer;

(b)

in the case of a person who is an importer, any relevant connectable products in respect of which the person is an importer;

(c)

in the case of a person who is a distributor, any relevant connectable products in respect of which the person is a distributor.

(3)

A security requirement may be described by reference to (among other things)—

(a)

any software used for the purposes of, or in connection with, the operation of a relevant connectable product;

(b)

any software used by a person in the course of, or in connection with, using a relevant connectable product;

(c)

any software used for the purposes of providing a service to a person by means of a relevant connectable product;

and for these purposes it does not matter whether the software is installed on the product or whether the software or service is provided by a manufacturer of the product.

(4)

A security requirement may (among other things) require a relevant person to do something in relation to a relevant connectable product, including in relation to times after a relevant connectable product has been made available in the United Kingdom.

(5)

Regulations under section 1 are subject to the negative resolution procedure if the only provision they make under that section is provision—

(a)

varying any description of—

(i)

products to which a security requirement relates, or

(ii)

software by reference to which a security requirement is described, or

(b)

otherwise altering any term used in describing a security requirement without altering the effect of the security requirement or the extent to which it applies in any case.

(6)

Except as provided by subsection (5), regulations under section 1 are subject to the affirmative resolution procedure.

Annotations

Commencement

I1

S. 2 not in force at Royal Assent, see s. 79(2)

I2

S. 2 in force at 29.4.2024 by S.I. 2023/469, reg. 3