Section 105H: Effects of codes of practice about security measures

Communications Act 2003 · 2003 c. 21View on legislation.gov.uk

Part 2: Networks, services and the radio spectrum — Chapter 1: Electronic communications networks and services

A failure by the provider of a public electronic communications network or a public electronic communications service to act in accordance with a provision of a code of practice does not of itself make the provider liable to legal proceedings before a court or tribunal.

In any legal proceedings before a court or tribunal, the court or tribunal must take into account a provision of a code of practice in determining any question arising in the proceedings if—

the question relates to a time when the provision was in force; and
the provision appears to the court or tribunal to be relevant to the question.

OFCOM must take into account a provision of a code of practice in determining any question arising in connection with the carrying out by them of a relevant function if—

the question relates to a time when the provision was in force; and
the provision appears to OFCOM to be relevant to the question.

In this section—

  • "code of practice" means a code of practice issued under section 105E;

  • "relevant function" means a function conferred on OFCOM by any of the following provisions—section 105M (general duty of OFCOM to ensure compliance with security duties);section 105N (power of OFCOM to assess compliance with security duties);section 105O (power of OFCOM to give assessment notices);section 105S (enforcement of security duties);section 105U (enforcement of security duties: proposal for interim steps);section 105V (enforcement of security duties: direction to take interim steps).

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.