Section 105V: Enforcement of security duties: direction to take interim steps, Communications Act 2003

This section applies where—

the provider of a public electronic communications network or a public electronic communications service has been given a notification under section 105U;

OFCOM have allowed the provider an opportunity to make representations about the matters notified; and

the period allowed for the making of representations has expired.

OFCOM may—

direct the provider to take the interim steps or any of the interim steps specified in the notification; or

inform the provider that a direction under paragraph (a) will not be given.

OFCOM may give a direction under subsection (2)(a) only if (after considering any representations) they are satisfied—

that there are reasonable grounds for believing that the contravention on the basis of which the notification was given occurred;

that there are reasonable grounds for believing that either or both of the following conditions are met—

a security compromise has occurred as a result of the contravention;

there is an imminent risk of a security compromise or (as the case may be) a further security compromise occurring as a result of the contravention; and

that, having regard to the seriousness or likely seriousness of the security compromise or security compromises mentioned in paragraph (b), it is reasonable to give the direction.

A direction under subsection (2)(a) must include a statement of OFCOM's reasons for giving the direction.

A direction under subsection (2)(a) must, in relation to each interim step, specify the period within which the step must be taken.

A direction under subsection (2)(a) is ineffective in so far as it would require interim steps to be taken after the completion by OFCOM of enforcement action in connection with the contravention concerned.

Where a direction under subsection (2)(a) has been given and has not been revoked, OFCOM must as soon as reasonably practicable—

commence enforcement action in connection with the contravention concerned (unless enforcement action was commenced by OFCOM before the direction was given); and

complete enforcement action in connection with the contravention concerned.

A direction under subsection (2)(a) may at any time—

be revoked by OFCOM; or

be varied by OFCOM so as to make it less onerous.

A provider of a public electronic communications network or a public electronic communications service who is given a direction under subsection (2)(a) must comply with it.

That duty is enforceable in civil proceedings by OFCOM—

for an injunction;

for specific performance of a statutory duty under section 45 of the Court of Session Act 1988; or

for any other appropriate remedy or relief.

Section 105V: Enforcement of security duties: direction to take interim steps

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