Part 2Networks, services and the radio spectrum
Chapter 1Electronic communications networks and services
Electronic communications code
C1111AF1Power to deal with urgent cases
1
This section applies where OFCOM determine—
a
that they are entitled to give a notification under section 110 with respect to a contravention by a person (“P”) of a requirement imposed by virtue of any restrictions or conditions under section 109;
b
that there are reasonable grounds for suspecting that the case is an urgent case; and
c
that the urgency of the case makes it appropriate for OFCOM to take action under this section.
2
A case is an urgent case for the purposes of this section if the contravention has resulted in, or creates an immediate risk of—
a
a serious threat to the safety of the public, to public health or to national security;
b
serious economic or operational problems for persons (other than P) who are communications providers or persons who make associated facilities available; or
c
serious economic or operational problems for persons who make use of electronic communications networks, electronic communications services or associated facilities.
3
OFCOM may, to the extent specified in subsection (4), give a direction suspending the application in P’s case of the electronic communications code if the electronic communications code has been applied to P by a direction under section 106.
4
The extent of a suspension under subsection (3) must not go beyond the following applications of the code in that person’s case—
a
its application for the purposes of electronic communications networks, or parts of such a network, which are not yet in existence at the time of the suspension;
b
its application for the purposes of conduit systems, or parts of such systems, which are not yet in existence or not yet used for the purposes of electronic communications networks; and
c
its application for other purposes in circumstances in which the provision of an electronic communications network, or part of such a network, would not have to cease if its application for those purposes were suspended.
5
A direction under subsection (3), except so far as it otherwise provides, shall continue in force until such time (if any) as it is withdrawn by OFCOM.
6
Subject to subsection (7), where the application of the electronic communications code is suspended in a person’s case, the person is not entitled to exercise any right conferred by or by virtue of the code.
7
The suspension of the application of the electronic communications code in a person’s case does not, except so far as otherwise provided by a scheme contained in an order under section 117—
a
affect (as between the original parties to it) any agreement entered into for the purposes of the code or any agreement having effect in accordance with it;
b
affect anything done under the code before the suspension of its application; or
c
require the removal of, or prohibit the use of, any apparatus lawfully installed on, in or over any premises before that suspension.