Section 105Z27: Power of Secretary of State to require information etc, Communications Act 2003

The Secretary of State may require a person falling within subsection (2) to provide the Secretary of State with such information as the Secretary of State may reasonably require for the purpose of exercising the Secretary of State's functions under sections 105Z1 to 105Z26.

The persons falling within this subsection are—

a person who is or has been a public communications provider;

a person not falling within paragraph (a) who appears to the Secretary of State to have information relevant to the exercise of the Secretary of State's functions under sections 105Z1 to 105Z26.

The Secretary of State may require a person falling within subsection (2)—

to produce, generate or obtain information for the purpose of providing it under subsection (1);

to collect or retain information that the person would not otherwise collect or retain for the purpose of providing it under subsection (1);

to process, collate or analyse any information held by the person (including information the person has been required to collect or retain) for the purpose of producing or generating information to be provided under subsection (1).

The information that may be required under subsection (1) includes, in particular, information about—

the use, or proposed use, of goods, services or facilities supplied, provided or made available by a particular person or a particular description of person;

goods, services or facilities proposed to be supplied, provided or made available by a particular person or a particular description of person;

goods, services or facilities proposed to be supplied, provided or made available by a person who has not, or has not recently, supplied, provided or made available for use in the United Kingdom—

goods, services or facilities of that description; or

any goods, services or facilities;

the manner in which a public electronic communications network or a public electronic communications service is, or is proposed to be, provided or facilities that are associated facilities by reference to such a network or service are, or are proposed to be, made available;

future developments of such a network or service or such associated facilities.

The Secretary of State may require a person to provide information under this section at such times or in such circumstances as may be specified by the Secretary of State.

A person must comply with a requirement imposed under this section in such manner and within such reasonable period as may be specified by the Secretary of State.

The powers in this section are subject to the limitations in section 105Z28.

A reference in this section to a facility includes a reference to a facility, element or service that is an associated facility.

Section 105Z27: Power of Secretary of State to require information etc

Discussed in

About this text