Section 9 Relationship between security duties and certain other duties etcI1I2

After section 105W of the Communications Act 2003 insert—

Relationship between security duties and certain other duties etc

105X

(1)

A security duty imposed on a provider of a public electronic communications network or a public electronic communications service does not apply in so far as compliance with the duty would—

(a)

result in a failure by the provider to comply with a duty or prohibition imposed by or under an enactment mentioned in section 105A(4);

(b)

prevent the provider from giving effect to a warrant or authorisation that has been issued or given under an enactment mentioned in section 105A(4);

(c)

prevent the provider from providing a person with assistance in giving effect to a warrant or authorisation that has been issued or given under an enactment mentioned in section 105A(4); or

(d)

prevent the provider from providing a person with assistance in exercising any power conferred by or under prison rules.

(2)

In this section—

• “prison rules” has the same meaning as in section 105A;

• “security duty” means a duty imposed by or under—

  1. section 96C as applied by section 105S; or

  2. any of sections 105A to 105D, 105I to 105K, 105L(6), (7)(c) and (8), 105N(2)(a), 105O and 105V.