Digital Economy Act 2017
2017 c. 30 · Enacted 27 April 2017 · Extends to United Kingdom
An Act to make provision about electronic communications infrastructure and services; to provide for restricting access to online pornography; to make provision about protection of intellectual property in connection with electronic communications; to make provision about data-sharing; to make provision in connection with section 68 of the Telecommunications Act 1984; to make provision about functions of OFCOM in relation to the BBC; to provide for determination by the BBC of age-related TV licence fee concessions; to make provision about the regulation of direct marketing; to make other provision about OFCOM and its functions; to make provision about internet filters; to make provision about preventing or restricting the use of communication devices in connection with drug dealing offences; to confer power to create an offence of breaching limits on ticket sales; to make provision about the payment of charges to the Information Commissioner; to make provision about payment systems and securities settlement systems; to make provision about qualifications in information technology; and for connected purposes.
[27th April 2017]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C1
Annotations to the whole text
Modifications
- C1
Act amendments to 2003 c. 21, by s. 89 extended to Jersey (1.6.2020) by The Communications (Jersey) Order 2020 (S.I. 2020/530), art. 2
Contents
- Part 1: Access to digital services
- 1Universal service broadband obligations
- 2General conditions: switching communications provider
- 3Automatic compensation for failure to meet performance standards
- Part 2: Digital infrastructure
- Electronic communications code
- 4The electronic communications code
- 5Power to make transitional provision in connection with the code
- 6Power to make consequential provision etc in connection with the code
- 7Application of the code: protection of the environment
- Dynamic spectrum access services
- 8Regulation of dynamic spectrum access services
- Other regulation of spectrum
- 9Penalties for contravention of wireless telegraphy licences
- 10Fixed penalties under Wireless Telegraphy Act 2006
- 11Search warrants under Wireless Telegraphy Act 2006
- 12Disposal of seized property under Wireless Telegraphy Act 2006
- 13Time limits for prosecutions under Wireless Telegraphy Act 2006
- Part 3: Online pornography Repealed
- 14Internet pornography: requirement to prevent access by persons under 18 Repealed
- 15Meaning of “pornographic material” Repealed
- 16The age-verification regulator: designation and funding Repealed
- 17Parliamentary procedure for designation of age-verification regulator Repealed
- 18Regulator's power to require information Not yet in force
- 19Enforcement by regulator of sections 14 and 18 Not yet in force
- 20Financial penalties imposed by regulator Not yet in force
- 21Notice by regulator to payment-services providers and ancillary service providers Repealed
- 22Meaning of “extreme pornographic material” Repealed
- 23Regulator's power to require internet service providers to block access to material Not yet in force
- 24No power to give notice under section 23(1) where detrimental to national security etc Not yet in force
- 25Guidance to be published by regulator Repealed
- 26Exercise of functions by regulator Repealed
- 27Guidance by Secretary of State to regulator Repealed
- 28Requirements for notices given by regulator under this Part Not yet in force
- 29Report on this Part Not yet in force
- 30Interpretation and general provisions relating to this Part Repealed
- Part 4: Intellectual Property
- 31Lending of e-books by public libraries
- 32Offences: infringing copyright and making available right
- 33Registered designs: infringement: marking product with internet link
- 34Copyright etc where broadcast retransmitted by cable
- Part 5: Digital government
- Chapter 1: Public service delivery
- 35Disclosure of information to improve public service delivery
- 36Disclosure of information to gas and electricity suppliers etc
- 37Disclosure of information by gas and electricity suppliers etc
- 38Disclosure of information to water and sewerage undertakers etc
- 39Disclosure of information by water and sewerage undertakers etc
- 40Further provisions about disclosures under any of sections 35 to 39
- 41Confidentiality of personal information
- 42Information disclosed by the Revenue and Customs
- 43Code of practice
- 44Regulations under this Chapter
- 45Interpretation of this Chapter etc
- Chapter 2: Civil registration
- 46Disclosure of information by civil registration officials
- 47Consequential provision
- Chapter 3: Debt owed to the public sector
- 48Disclosure of information to reduce debt owed to the public sector
- 49Further provisions about power in section 48
- 50Confidentiality of personal information
- 51Information disclosed by the Revenue and Customs
- 52Code of practice
- 53Duty to review operation of Chapter
- 54Regulations under this Chapter
- 55Interpretation of this Chapter
- Chapter 4: Fraud against the public sector
- 56Disclosure of information to combat fraud against the public sector
- 57Further provisions about power in section 56
- 58Confidentiality of personal information
- 59Information disclosed by the Revenue and Customs
- 60Code of practice
- 61Duty to review operation of Chapter
- 62Regulations under this Chapter
- 63Interpretation of this Chapter
- Chapter 5: Sharing for research purposes
- 64Disclosure of information for research purposes
- 65Provisions supplementary to section 64
- 66Bar on further disclosure of personal information
- 67Information disclosed by the Revenue and Customs
- 68Information disclosed by the Welsh Revenue Authority
- 69Information disclosed by Revenue Scotland
- 70Code of practice
- 71Accreditation for the purposes of this Chapter
- 72Delegation of functions of the Statistics Board
- 73Interpretation of this Chapter
- Chapter 6: Disclosure by revenue authorities
- 74Disclosure of non-identifying information by the Revenue and Customs
- 75Disclosure of non-identifying information by the Welsh Revenue Authority
- 76Disclosure of non-identifying information by Revenue Scotland
- 77Disclosure of employer reference information by the Revenue and Customs
- Chapter 7: Statistics
- 78Disclosure of information by the Revenue and Customs to the Statistics Board
- 79Disclosure of information by public authorities to the Statistics Board
- 80Access to information by the Statistics Board
- 81Disclosure by the Statistics Board to devolved administrations
- Part 6: Miscellaneous
- OFCOM: reports etc
- 82OFCOM reports on infrastructure etc
- 83Comparative overviews of quality and prices
- OFCOM: information
- 84Conditions about allocation of telephone numbers
- 85Provision of information to OFCOM
- 86Information required from communications providers
- Appeals
- 87Appeals from decisions of OFCOM and others: standard of review
- Regulation and functions of BBC
- 88Functions of OFCOM in relation to the BBC
- 89TV licence fee concessions by reference to age
- Provision of children's programmes
- 90Provision of children's programmes
- OFCOM powers relating to criminal content etc
- 91Suspension of radio licences for inciting crime or disorder
- 92Digital additional services: seriously harmful extrinsic material
- On-demand programme services
- 93On-demand programme services: accessibility for people with disabilities Repealed
- 94On-demand programme services: specially restricted material Not yet in force
- Electronic Programme Guides
- 95Electronic programme guides and public service channels
- Direct marketing code
- 96Direct marketing code
- Televising events of national interest
- 97Televising events of national interest: power to amend qualifying conditions
- Other provisions relating to OFCOM
- 98Strategic priorities and provision of information
- 99OFCOM and Northern Ireland
- 100Retention by OFCOM of amounts paid under Wireless Telegraphy Act 2006
- 101International recognition of satellite frequency assignments: power of OFCOM to charge fees
- Billing limits for mobile phones
- 102Billing limits for mobile phones
- Online social media platforms
- 103Code of practice for providers of online social media platforms Repealed
- Internet filters
- 104Internet filters
- Ticket sales
- 105Secondary ticketing: duty to provide information about tickets
- 106Power to create offence of breaching limits on internet and other ticket sales
- Communication devices used for drug dealing
- 107Prevention or restriction of use of communication devices for drug dealing
- Charges payable to the Information Commissioner
- 108Regulations about charges payable to the Information Commissioner Repealed
- 109Functions relating to regulations under section 108 Repealed
- 110Supplementary provision relating to section 108 Repealed
- 111Amendments relating to section 108
- Payment and securities settlement systems
- 112Power to apply settlement finality regime to payment institutions
- 113Bank of England oversight of payment systems
- Qualifications in information technology
- 114Qualifications in information technology: payment of tuition fees
- Guarantee of pension liabilities under Telecommunications Act 1984
- 115Guarantee of pension liabilities under Telecommunications Act 1984
- 116Regulations under section 115
- Part 7: General
- 117Financial provisions
- 118Commencement
- 119Extent
- 120Short title
- Schedule 1: The electronic communications code
- Paragraph
- Schedule 2: The electronic communications code: transitional provision
- Interpretation
- 1Paragraph 1
- Effect of subsisting agreement
- 2Paragraph 2
- Limitation of code rights
- 3Paragraph 3
- Limitation of persons bound
- 4Paragraph 4
- Exclusion of assignment ... provisions
- 5Paragraph 5
- Upgrading and sharing provisions
- 5AParagraph 5A
- Termination and modification of agreements
- 6Paragraph 6
- 7Paragraph 7
- Apparatus, works etc
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Court applications for required rights etc
- 11Paragraph 11
- 12Paragraph 12
- Temporary code rights
- 13Paragraph 13
- Compensation
- 14Paragraph 14
- Objections in relation to apparatus
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- Tree lopping
- 18Paragraph 18
- 19Paragraph 19
- Right to require removal of apparatus
- 20Paragraph 20
- Undertaker's works
- 21Paragraph 21
- Supplementary
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- Schedule 3: Electronic communications code: consequential amendments
- Part 1: General provision
- Interpretation
- 1Paragraph 1
- References to the code or provisions of the code
- 2Paragraph 2
- References to a conduit system
- 3Paragraph 3
- Part 2: Amendments of particular enactments
- Landlord and Tenant Act 1954 (c. 56)
- 4Paragraph 4
- Opencast Coal Act 1958 (c. 69)
- 5Paragraph 5
- Land Drainage (Scotland) Act 1958 (c. 24)
- 6Paragraph 6
- Pipe-lines Act 1962 (c. 58)
- 7Paragraph 7
- Harbours Act 1964 (c. 40)
- 8Paragraph 8
- Fair Trading Act 1973 (c. 41)
- 9Paragraph 9
- Highways Act 1980 (c. 66)
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Roads (Scotland) Act 1984 (c. 54)
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- Housing Act 1985 (c. 68)
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- Food and Environment Protection Act 1985 (c. 48)
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- Airports Act 1986 (c. 31)
- 24Paragraph 24
- 25Paragraph 25
- Landlord and Tenant Act 1987 (c. 31)
- 26Paragraph 26
- Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22)
- 27Paragraph 27
- Electricity Act 1989 (c. 29)
- 28Paragraph 28
- Town and Country Planning Act 1990 (c. 8)
- 29Paragraph 29
- Water Industry Act 1991 (c. 56)
- 30Paragraph 30
- Water Resources Act 1991 (c. 57)
- 31Paragraph 31
- Electricity (Northern Ireland) Order 1992 (S.I. 1992/231)
- 32Paragraph 32
- Cardiff Bay Barrage Act 1993 (c. 42)
- 33Paragraph 33
- Roads (Northern Ireland) Order 1993 (S.I. 1993/3160)
- 34Paragraph 34
- Airports (Northern Ireland) Order 1994 (S.I. 1994/426)
- 35Paragraph 35
- Landlord and Tenant (Covenants) Act 1995 (c. 30)
- 36Paragraph 36
- Gas Act 1995 (c. 45)
- 37Paragraph 37
- Channel Tunnel Rail Link Act 1996 (c. 61)
- 38Paragraph 38
- Gas (Northern Ireland) Order 1996 (S.I. 1996/275)
- 39Paragraph 39
- Business Tenancies (Northern Ireland) Order 1996 (SI 1996/725 (NI 5))
- 40Paragraph 40
- Town and Country Planning (Scotland) Act 1997 (c. 8)
- 41Paragraph 41
- Enterprise Act 2002 (c. 40)
- 42Paragraph 42
- 43Paragraph 43
- 44Paragraph 44
- Communications Act 2003 (c. 21)
- 45Paragraph 45
- 46Paragraph 46
- 47Paragraph 47
- 48Paragraph 48
- Land Reform (Scotland) Act 2003 (asp 2)
- 49Paragraph 49
- Housing and Regeneration Act 2008 (c. 17)
- 50Paragraph 50
- 51Paragraph 51
- 52Paragraph 52
- 53Paragraph 53
- Crossrail Act 2008 (c. 18)
- 54Paragraph 54
- Marine (Scotland) Act 2010 (asp 5)
- 55Paragraph 55
- 56Paragraph 56
- 57Paragraph 57
- Schedule 4: Public service delivery: specified persons for the purposes of section 35
- Part 1: UK AND ENGLISH BODIES
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 9AParagraph 9A
- 9BParagraph 9B
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 14AParagraph 14A
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 27AParagraph 27A
- 27BParagraph 27B
- 27CParagraph 27C
- 27DParagraph 27D
- 28Paragraph 28
- 28AParagraph 28A
- Part 2: WELSH BODIES
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38 Repealed
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45
- 46Paragraph 46
- 47Paragraph 47
- 48Paragraph 48
- Part 3: SCOTTISH BODIES
- 49Paragraph 49
- 50Paragraph 50
- 51Paragraph 51
- 52Paragraph 52
- Schedule 5: Public service delivery: specified persons for the purposes of sections 36 and 37
- Part 1: UK AND ENGLISH BODIES
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 8AParagraph 8A
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- Part 2: WELSH BODIES
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- Schedule 6: Public service delivery: specified persons for the purposes of sections 38 and 39
- Part 1: UK AND ENGLISH BODIES
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 7AParagraph 7A
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Part 2: WELSH BODIES
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- Schedule 7: Specified persons for the purposes of the debt provisions
- Part 1: UK AND ENGLISH BODIES
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 5AParagraph 5A
- 5BParagraph 5B
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 17AParagraph 17A
- Part 2: WELSH BODIES
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- Part 3: SCOTTISH BODIES
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- Schedule 8: Specified persons for the purposes of the fraud provisions
- Part 1: UK AND ENGLISH BODIES
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 12AParagraph 12A
- 12BParagraph 12B
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 32AParagraph 32A
- 33Paragraph 33 Repealed
- 34Paragraph 34 Repealed
- 35Paragraph 35 Repealed
- 36Paragraph 36 Repealed
- 37Paragraph 37 Repealed
- 38Paragraph 38 Repealed
- 39Paragraph 39 Repealed
- 40Paragraph 40 Repealed
- 41Paragraph 41
- 41AParagraph 41A
- Part 2: WELSH BODIES
- 42Paragraph 42
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45
- 46Paragraph 46
- 47Paragraph 47
- 48Paragraph 48
- 49Paragraph 49
- 50Paragraph 50
- 51Paragraph 51
- 52Paragraph 52
- 53Paragraph 53
- 54Paragraph 54
- 55Paragraph 55
- 56Paragraph 56
- Part 3: SCOTTISH BODIES
- 57Paragraph 57
- 58Paragraph 58
- 59Paragraph 59
- 60Paragraph 60
- 61Paragraph 61
- 62Paragraph 62
- 63Paragraph 63
- 64Paragraph 64
- 65Paragraph 65
- 66Paragraph 66
- 67Paragraph 67
- 68Paragraph 68
- 69Paragraph 69
- 70Paragraph 70
- 71Paragraph 71
- 72Paragraph 72
- 73Paragraph 73
- 74Paragraph 74
- Schedule 9: Bank of England oversight of payment systems
- Part 1: Extension of Bank of England oversight of payment systems
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- Part 2: Consequential amendments
- Financial Services Act 2012
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- Financial Services (Banking Reform) Act 2013
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45