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—
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—
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).