Product Security and Telecommunications Infrastructure Act 2022
2022 c. 46 · Enacted 6 December 2022 · Extends to United Kingdom
An Act to make provision about the security of internet-connectable products and products capable of connecting to such products; to make provision about electronic communications infrastructure; and for connected purposes.
[6th December 2022]
Be it enacted by the King’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:—
Contents
- Part 1: Product security
- Chapter 1: Security requirements
- Security requirements relating to products
- 1Power to specify security requirements
- 2Further provision about regulations under section 1
- 3Power to deem compliance with security requirements
- Products to which security requirements may relate
- 4Relevant connectable products
- 5Types of product that may be relevant connectable products
- 6Excepted products
- Persons to whom security requirements may apply
- 7Relevant persons
- Chapter 2: Duties of relevant persons, etc
- Duties of manufacturers
- 8Duty to comply with security requirements
- 9Statements of compliance
- 10Duty to investigate potential compliance failures
- 11Duties to take action in relation to compliance failure
- 12Duty to maintain records
- Duties of authorised representatives
- 13Duties to take action in relation to manufacturer’s compliance failure
- Duties of importers
- 14Duty to comply with security requirements
- 15Statements of compliance
- 16Duty not to supply products where compliance failure by manufacturer
- 17Duty to investigate potential compliance failures of importer or manufacturer
- 18Duties to take action in relation to importer’s compliance failure
- 19Duties to take action in relation to manufacturer’s compliance failure
- 20Duty to maintain records of investigations
- Duties of distributors
- 21Duty to comply with security requirements
- 22Statements of compliance
- 23Duty not to supply products where compliance failure by manufacturer
- 24Duties to take action in relation to distributor’s compliance failures
- 25Duties to take action in relation to manufacturer’s compliance failure
- Chapter 3: Enforcement
- General
- 26Enforcement of Part 1
- 27Delegation of enforcement functions
- Enforcement notices
- 28Compliance notices
- 29Stop notices
- 30Recall notices
- 31Power to vary or revoke enforcement notices
- 32Failure to comply with enforcement notice
- 33Appeals against enforcement notices
- 34Compensation for notices wrongly given
- 35Appeals against decisions under section 34
- Monetary penalties
- 36Monetary penalties
- 37Determining the amount of a penalty
- 38The relevant maximum
- 39Penalty notices: further provision
- 40Enforcement of penalty notices
- 41Appeals against penalty notices
- Forfeiture
- 42Forfeiture
- 43Further provision about forfeiture
- 44Appeals against decisions under section 42
- Other enforcement powers
- 45Power to inform public about compliance failures
- 46Power to publish details of enforcement action taken against relevant persons
- 47Power to recall products
- Disclosure of information
- 48Disclosure of information
- Miscellaneous and supplementary
- 49Offence of purporting to act as authorised to exercise enforcement function
- 50Means of giving notices
- 51Liability of authorised representatives
- 52Offences by directors, partners etc
- Chapter 4: Supplementary provision
- Guidance
- 53Guidance
- Interpretation
- 54Meaning of “UK consumer connectable product”
- 55Meaning of “supply”
- 56Meaning of other expressions used in Part 1
- Part 2: Telecommunications infrastructure
- Rights to upgrade and share apparatus
- 57Rights under the electronic communications code to share apparatus
- 58Upgrading and sharing of apparatus: subsisting agreements
- 59Upgrading and sharing of apparatus installed before 29 December 2003
- Power to fly lines
- 60Power to fly lines from apparatus kept by another operator
- Renewal of business tenancies conferring code rights
- 61Rent under tenancies conferring code rights: England and Wales
- 62Rent under tenancies conferring code rights: Northern Ireland
- 63Compensation relating to code rights: England and Wales
- 64Compensation relating to code rights: Northern Ireland
- 65Jurisdiction of court in relation to tenancies in England and Wales
- Refusal of code rights on grounds of national security etc
- 66Refusal of application for code rights on grounds of national security etc
- Unresponsive occupiers
- 67Unresponsive occupiers
- Interim arrangements
- 68Arrangements pending determination of certain applications under code
- Disputes under the electronic communications code
- 69Use of alternative dispute resolution
- 70Complaints relating to the conduct of operators Not yet in force
- Proceedings relating to code disputes
- 71Jurisdiction of First-tier Tribunal in relation to code proceedings in Wales Not yet in force
- 72Power to impose time limits on the determination of code proceedings
- Rights of network providers in relation to infrastructure
- 73Rights of network providers in relation to infrastructure
- Supplementary provision
- 74Power to make consequential amendments Not yet in force
- 75Meaning of “the electronic communications code”
- Part 3: Final provisions
- 76Power to make transitional or saving provision
- 77Regulations
- 78Extent
- 79Commencement
- 80Short title
- Schedule: Unresponsive occupiers: consequential amendments Not yet in force
- 1Paragraph 1 Not yet in force
- 2Paragraph 2 Not yet in force
- 3Paragraph 3 Not yet in force