This section applies for the purposes of an assessment under section 105N in respect of the provider of a public electronic communications network or a public electronic communications service.
OFCOM may by notice ("an assessment notice") impose on the provider a duty to do any of the following things—
The references in subsection (2)(a) and (b) to tests in relation to the network or service include references to—
An assessment notice may impose on the provider a duty to carry out, or to make arrangements for another person to carry out, a test in relation to the network or service that risks causing a security compromise, loss to a person or damage to property only if the test consists of the use of techniques that might be expected to be used by a person seeking to cause a security compromise.
An assessment notice may not impose on the provider a duty to permit an authorised person to enter domestic premises.
An assessment notice may not impose on the provider a duty to do anything that would result in the disclosure of documents or information in respect of which a claim to legal professional privilege (or, in Scotland, to confidentiality of communications) could be maintained in legal proceedings.
An assessment notice must, in relation to each duty imposed by the notice, specify the time or times at which, or period or periods within which, the duty must be complied with.
A time or period specified under subsection (7) must not be a time that falls or a period that begins before the end of the period within which an appeal under section 192 can be brought in respect of the assessment notice (ignoring any power to extend the period within which an appeal could be brought).
If an appeal under section 192 is brought in respect of an assessment notice or any provision of an assessment notice, the provider need not comply with any duty imposed by the notice or the provision pending the determination or withdrawal of the appeal.
An assessment notice must provide information about—
An assessment notice may by further notice—
In this section—
"authorised person" means an employee of, or person authorised by, OFCOM;
"domestic premises" means premises, or a part of premises, used as a dwelling;
"specified" means specified in the assessment notice.