OpenLegislation

Product Security and Telecommunications Infrastructure Act 2022

2022 c. 46 · Enacted 6 December 2022 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 7 April 2026.

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

  1. Part 1: Product security
  2. Chapter 1: Security requirements
  3. Security requirements relating to products
  4. 1Power to specify security requirements
  5. 2Further provision about regulations under section 1
  6. 3Power to deem compliance with security requirements
  7. Products to which security requirements may relate
  8. 4Relevant connectable products
  9. 5Types of product that may be relevant connectable products
  10. 6Excepted products
  11. Persons to whom security requirements may apply
  12. 7Relevant persons
  13. Chapter 2: Duties of relevant persons, etc
  14. Duties of manufacturers
  15. 8Duty to comply with security requirements
  16. 9Statements of compliance
  17. 10Duty to investigate potential compliance failures
  18. 11Duties to take action in relation to compliance failure
  19. 12Duty to maintain records
  20. Duties of authorised representatives
  21. 13Duties to take action in relation to manufacturer’s compliance failure
  22. Duties of importers
  23. 14Duty to comply with security requirements
  24. 15Statements of compliance
  25. 16Duty not to supply products where compliance failure by manufacturer
  26. 17Duty to investigate potential compliance failures of importer or manufacturer
  27. 18Duties to take action in relation to importer’s compliance failure
  28. 19Duties to take action in relation to manufacturer’s compliance failure
  29. 20Duty to maintain records of investigations
  30. Duties of distributors
  31. 21Duty to comply with security requirements
  32. 22Statements of compliance
  33. 23Duty not to supply products where compliance failure by manufacturer
  34. 24Duties to take action in relation to distributor’s compliance failures
  35. 25Duties to take action in relation to manufacturer’s compliance failure
  36. Chapter 3: Enforcement
  37. General
  38. 26Enforcement of Part 1
  39. 27Delegation of enforcement functions
  40. Enforcement notices
  41. 28Compliance notices
  42. 29Stop notices
  43. 30Recall notices
  44. 31Power to vary or revoke enforcement notices
  45. 32Failure to comply with enforcement notice
  46. 33Appeals against enforcement notices
  47. 34Compensation for notices wrongly given
  48. 35Appeals against decisions under section 34
  49. Monetary penalties
  50. 36Monetary penalties
  51. 37Determining the amount of a penalty
  52. 38The relevant maximum
  53. 39Penalty notices: further provision
  54. 40Enforcement of penalty notices
  55. 41Appeals against penalty notices
  56. Forfeiture
  57. 42Forfeiture
  58. 43Further provision about forfeiture
  59. 44Appeals against decisions under section 42
  60. Other enforcement powers
  61. 45Power to inform public about compliance failures
  62. 46Power to publish details of enforcement action taken against relevant persons
  63. 47Power to recall products
  64. Disclosure of information
  65. 48Disclosure of information
  66. Miscellaneous and supplementary
  67. 49Offence of purporting to act as authorised to exercise enforcement function
  68. 50Means of giving notices
  69. 51Liability of authorised representatives
  70. 52Offences by directors, partners etc
  71. Chapter 4: Supplementary provision
  72. Guidance
  73. 53Guidance
  74. Interpretation
  75. 54Meaning of “UK consumer connectable product”
  76. 55Meaning of “supply”
  77. 56Meaning of other expressions used in Part 1
  78. Part 2: Telecommunications infrastructure
  79. Rights to upgrade and share apparatus
  80. 57Rights under the electronic communications code to share apparatus
  81. 58Upgrading and sharing of apparatus: subsisting agreements
  82. 59Upgrading and sharing of apparatus installed before 29 December 2003
  83. Power to fly lines
  84. 60Power to fly lines from apparatus kept by another operator
  85. Renewal of business tenancies conferring code rights
  86. 61Rent under tenancies conferring code rights: England and Wales
  87. 62Rent under tenancies conferring code rights: Northern Ireland
  88. 63Compensation relating to code rights: England and Wales
  89. 64Compensation relating to code rights: Northern Ireland
  90. 65Jurisdiction of court in relation to tenancies in England and Wales
  91. Refusal of code rights on grounds of national security etc
  92. 66Refusal of application for code rights on grounds of national security etc
  93. Unresponsive occupiers
  94. 67Unresponsive occupiers
  95. Interim arrangements
  96. 68Arrangements pending determination of certain applications under code
  97. Disputes under the electronic communications code
  98. 69Use of alternative dispute resolution
  99. 70Complaints relating to the conduct of operators Not yet in force
  100. Proceedings relating to code disputes
  101. 71Jurisdiction of First-tier Tribunal in relation to code proceedings in Wales Not yet in force
  102. 72Power to impose time limits on the determination of code proceedings
  103. Rights of network providers in relation to infrastructure
  104. 73Rights of network providers in relation to infrastructure
  105. Supplementary provision
  106. 74Power to make consequential amendments Not yet in force
  107. 75Meaning of “the electronic communications code”
  108. Part 3: Final provisions
  109. 76Power to make transitional or saving provision
  110. 77Regulations
  111. 78Extent
  112. 79Commencement
  113. 80Short title
  114. Schedule: Unresponsive occupiers: consequential amendments Not yet in force
  115. 1Paragraph 1 Not yet in force
  116. 2Paragraph 2 Not yet in force
  117. 3Paragraph 3 Not yet in force