Part 2Networks, services and the radio spectrum

Chapter 1Electronic communications networks and services

F1Security of public electronic communications networks and services

Annotations:
Amendments (Textual)

105XF2Relationship between security duties and certain other duties etc

1

A security duty imposed on a provider of a public electronic communications network or a public electronic communications service does not apply in so far as compliance with the duty would—

a

result in a failure by the provider to comply with a duty or prohibition imposed by or under an enactment mentioned in section 105A(4);

b

prevent the provider from giving effect to a warrant or authorisation that has been issued or given under an enactment mentioned in section 105A(4);

c

prevent the provider from providing a person with assistance in giving effect to a warrant or authorisation that has been issued or given under an enactment mentioned in section 105A(4); or

d

prevent the provider from providing a person with assistance in exercising any power conferred by or under prison rules.

2

In this section—

  • “prison rules” has the same meaning as in section 105A;

  • “security duty” means a duty imposed by or under—

    1. a

      section 96C as applied by section 105S; or

    2. b

      any of sections 105A to 105D, 105I to 105K, 105L(6), (7)(c) and (8), 105N(2)(a), 105O and 105V.