Legalize / United Kingdom / Public General Act

Communications Act 2003

Type Public General Act

Publication 2003-07-17

Last updated 2026-04-06

State In force

Department Statute Law Database

Source legislation.gov.uk

articles 1

Reform history JSON API

(a) any security compromise that has a significant effect on the operation of the network or service;

(b) any security compromise within section 105A(2)(b) that puts any person in a position to be able to bring about a further security compromise that would have a significant effect on the operation of the network or service.

(2) In determining for the purposes of this section whether the effect that a security compromise has, or would have, on the operation of a network or service is significant, the following matters in particular are to be taken into account—

(a) the length of the period during which the operation of the network or service is or would be affected;

(b) the number of persons who use the network or service that are or would be affected by the effect on the operation of the network or service;

(c) the size and location of the geographical area within which persons who use the network or service are or would be affected by the effect on the operation of the network or service;

(d) the extent to which activities of persons who use the network or service are or would be affected by the effect on the operation of the network or service.

Powers of OFCOM to inform others of security compromise

105L

(1) This section applies where OFCOM consider that—

(a) there is a risk of a security compromise occurring in relation to a public electronic communications network or public electronic communications service; or

(b) a security compromise has occurred in relation to a public electronic communications network or public electronic communications service.

(2) OFCOM must inform the Secretary of State of the risk of or (as the case may be) the occurrence of the security compromise if they consider that the security compromise could result in or has resulted in—

(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 who are communications providers or persons who make associated facilities available; or

(c) serious economic or operational problems for persons who use electronic communications networks, electronic communications services or associated facilities.

(3) OFCOM may inform the Secretary of State of the risk of or (as the case may be) the occurrence of the security compromise in a case where the duty in subsection (2) does not arise.

(4) OFCOM may inform any of the following about the risk of or (as the case may be) the occurrence of the security compromise—

(a) any person who uses or has used the network or service;

(b) any communications provider;

(d) any overseas regulator;

(e) the European Union Agency for Cybersecurity.

(5) OFCOM may inform any person who uses or has used the network or service of the technical measures that may be taken by the person for the purposes of—

(a) preventing the security compromise adversely affecting them; or

(b) remedying or mitigating the adverse effect that the security compromise has on them.

(6) OFCOM may direct the provider of the network or service to take steps specified in the direction for the purposes of—

(a) informing persons who use or have used the network or service of the risk of or (as the case may be) the occurrence of the security compromise;

(b) informing persons who use or have used the network or service of the technical measures that may be taken by them for a purpose mentioned in subsection (5)(a) or (b).

(7) OFCOM may if they consider it to be in the public interest—

(a) inform the public of the risk of or (as the case may be) the occurrence of the security compromise;

(b) inform the public of the technical measures that may be taken by members of the public for a purpose mentioned in subsection (5)(a) or (b);

(8) It is the duty of the provider of the network or service to comply with a direction given under this section within such reasonable period as may be specified in the direction.

(9) In this section “overseas regulator” means a person who, under the law of a country or territory outside the United Kingdom, has functions in relation to public electronic communications networks or public electronic communications services that correspond to functions that OFCOM have in relation to such networks or services.

General duty of OFCOM to ensure compliance with security duties

105M

OFCOM must seek to ensure that providers of public electronic communications networks and public electronic communications services comply with the duties imposed on them by or under sections 105A to 105D, 105J and 105K.

Power of OFCOM to assess compliance with security duties

105N

(1) OFCOM may carry out, or arrange for another person to carry out, an assessment of whether the provider of a public electronic communications network or a public electronic communications service is complying or has complied with a duty imposed on the provider by or under any of sections 105A to 105D, 105J and 105K.

(2) Where an assessment under this section is carried out, the provider of the network or service concerned must—

(a) co-operate with the assessment; and

(b) pay the costs reasonably incurred by OFCOM in connection with the assessment.

Power of OFCOM to give assessment notices

105O

(1) 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.

(2) OFCOM may by notice (“an assessment notice”) impose on the provider a duty to do any of the following things—

(a) carry out specified tests or tests of a specified description in relation to the network or service;

(b) make arrangements of a specified description for another person to carry out specified tests or tests of a specified description in relation to the network or service;

(c) make available for interview a specified number of persons of a specified description who are involved in the provision of the network or service (not exceeding the number who are willing to be interviewed);

(d) permit an authorised person to enter specified premises;

(e) permit an authorised person to observe any operation taking place on the premises that relates to the network or service;

(f) direct an authorised person to equipment or other material on the premises that is of a specified description;

(g) direct an authorised person to documents on the premises that are of a specified description;

(h) assist an authorised person to view information of a specified description that is capable of being viewed using equipment on the premises;

(i) comply with a request from an authorised person for a copy of the documents to which the person is directed and the information the person is assisted to view;

(j) permit an authorised person to inspect or examine the documents, information, equipment or material to which the person is directed or which the person is assisted to view;

(k) provide an authorised person with an explanation of such documents, information, equipment or material.

(3) The references in subsection (2)(a) and (b) to tests in relation to the network or service include references to—

(a) tests in relation to premises used in connection with the provision of the network or service;

(b) tests in relation to persons involved in the provision of the network or service.

(4) 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.

(5) An assessment notice may not impose on the provider a duty to permit an authorised person to enter domestic premises.

(6) 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.

(7) 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.

(8) 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).

(9) 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.

(10) An assessment notice must provide information about—

(a) the consequences of failing to comply with a duty imposed by the notice; and

(b) the right of appeal in respect of the notice under section 192.

(11) An assessment notice may by further notice—

(a) be revoked by OFCOM;

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

(12) 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.

105P

(1) This section applies where—

(a) an assessment notice is given under section 105O to the provider of a public electronic communications network or a public electronic communications service;

(b) the notice states that, in OFCOM’s opinion, it is necessary for the provider to comply with a duty imposed by the notice urgently;

(d) the notice provides information about the right of the provider to make an application under section 105Q.

(2) Subsections (8) and (9) of section 105O do not apply in relation to the duty mentioned in subsection (1)(b).

(3) A time or period specified under subsection (7) of section 105O in relation to the duty mentioned in subsection (1)(b) must not be a time that falls or a period that begins before the end of the period of 14 days beginning with the day the notice is given.

(4) In a case where—

(a) the duty mentioned in subsection (1)(b) is a duty to do something mentioned in section 105O(2)(d) to (k), and

(b) within the period of 14 days beginning with the day the notice is given an appeal under section 192 is brought in respect of the notice or the provision of the notice that imposes the duty,

the provider of the network or service need not comply with the duty pending the determination or withdrawal of the appeal.

105Q

(1) This section applies where an assessment notice given under section 105O to a provider of a public electronic communications network or a public electronic communications service contains a statement under section 105P(1)(b).

(2) The provider may apply to the court for either or both of the following—

(a) the disapplication of the statement in relation to some or all of the duties imposed by the notice;

(b) a change to the time at which, or period within which, a duty imposed by the notice must be complied with.

(3) On an application under this section, the court may do any of the following—

(a) direct that the notice is to have effect as if it did not contain the statement;

(b) direct that the inclusion of the statement is not to have effect in relation to a duty imposed by the notice;

(c) vary the notice by changing the time at which, or the period within which, a duty imposed by the notice must be complied with;

(d) vary the notice by making other changes required to give effect to a direction under paragraph (a) or (b) or in consequence of a variation under paragraph (c).

(4) The decision of the court on an application under this section is final.

(5) In this section “the court” means the High Court or, in Scotland, the Court of Session.

Assessment notices: information about entering premises

105R

Every report under paragraph 12 of the Schedule to the Office of Communications Act 2002 (OFCOM’s annual report) must include a statement of the number of occasions during the financial year to which the report relates on which premises have been entered in pursuance of a duty imposed under section 105O(2)(d).

Enforcement of security duties

105S

(1) Sections 96A to 100, 102 and 103 apply in relation to a contravention of a security duty as they apply in relation to a contravention of a condition set under section 45, other than an SMP apparatus condition.

(2) This section is subject to section 105T (enforcement of security duties: amount of penalties).

(3) In this section “security duty” means a duty imposed by or under any of sections 105A to 105D, 105I to 105K, 105L(6), (7)(c) and (8), 105N(2)(a) and 105O.

Enforcement of security duties: amount of penalties

105T

(1) In its application in relation to a contravention of a security duty, other than a security duty imposed by section 105I, section 96B(5) has effect as if the maximum penalty specified were £100,000 per day.

(2) In its application in relation to a contravention of a security duty imposed by section 105I, section 96B(5) has effect as if the maximum penalty specified were £50,000 per day.

(3) In its application in relation to a contravention of a security duty imposed by section 105I, section 97(1) has effect as if the maximum penalty specified were £10 million.

(4) The Secretary of State may by regulations amend this section so as to substitute a different amount for the amount for the time being specified in subsection (1), (2) or (3).

(5) No regulations are to be made containing provision authorised by subsection (4) unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.

(6) In this section “security duty” has the same meaning as in section 105S.

Enforcement of security duties: proposal for interim steps

105U

(1) This section applies where—

(a) OFCOM determine that there are reasonable grounds for believing that the provider of a public electronic communications network or a public electronic communications service is contravening or has contravened a duty imposed by or under any of sections 105A to 105D;

(b) OFCOM either have not commenced, or have commenced but not completed, enforcement action in connection with the contravention;

(c) OFCOM determine that there are reasonable grounds for believing that either or both of the following conditions are met—

(i) a security compromise has occurred as a result of the contravention;

(ii) 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

(d) OFCOM determine that, having regard to the seriousness or likely seriousness of the security compromise or security compromises mentioned in paragraph (c), it is reasonable to require the provider to take interim steps pending the completion by OFCOM of enforcement action in connection with the contravention.

(2) OFCOM may give a notification to the provider that—

(a) sets out the determinations mentioned in subsection (1);

(b) specifies the interim steps that OFCOM think the provider should be required to take pending the completion by OFCOM of enforcement action in connection with the contravention; and

(c) specifies the period during which the provider has an opportunity to make representations about the matters notified.

(3) In this section and section 105V—

(a) references to the commencement by OFCOM of enforcement action in connection with a contravention are to the giving of a notification under section 96A (as applied by section 105S) in respect of the contravention; and

(b) references to the completion by OFCOM of enforcement action in connection with a contravention are to the taking of action under section 96C(2)(a) or (b) (as applied by section 105S) in connection with the contravention.

(4) In this section “interim steps” means—

(a) in a case where OFCOM determine that there are reasonable grounds for believing that the condition in subsection (1)(c)(i) is met, steps to—

(i) prevent adverse effects (on the network or service or otherwise) arising from the security compromise;

(ii) remedy or mitigate any adverse effects on the network or service arising from the security compromise;

(b) in a case where OFCOM determine that there are reasonable grounds for believing that the condition in subsection (1)(c)(ii) is met, steps to—

(i) eliminate or reduce the risk of the security compromise or (as the case may be) the further security compromise occurring;

(ii) prevent adverse effects (on the network or service or otherwise) arising from the security compromise or (as the case may be) the further security compromise in the event it occurs.

Enforcement of security duties: direction to take interim steps

105V

(1) This section applies where—

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

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

(2) OFCOM may—

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

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

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

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

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

(i) a security compromise has occurred as a result of the contravention;

(ii) 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

(c) 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.

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

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

(6) 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.

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

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

(b) complete enforcement action in connection with the contravention concerned.

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

(a) be revoked by OFCOM; or

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

(9) 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.

(10) That duty is enforceable in civil proceedings by OFCOM—

(a) for an injunction;

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

Civil liability for breach of security duties

105W

(1) A duty imposed by or under any of sections 105A to 105D and 105J on a provider of a public electronic communications network or a public electronic communications service is a duty owed to every person who may be affected by a contravention of the duty.

(2) Subsections (3) and (4) apply where a duty is owed by virtue of subsection (1) to a person.

(3) A breach of the duty that causes that person to sustain loss or damage is actionable at the suit or instance of that person.

(4) An act which—

(a) by inducing a breach of the duty or interfering with its performance, causes that person to sustain loss or damage, and

(b) is done wholly or partly for achieving that result,

is actionable at the suit or instance of that person.

(5) In proceedings brought against a provider of a public electronic communications network or a public electronic communications service by virtue of subsection (3), it is a defence for the provider to show that they took all reasonable steps and exercised all due diligence to avoid contravening the duty in question.

(6) The consent of OFCOM is required for the bringing of proceedings by virtue of this section.

(7) If OFCOM give their consent subject to conditions relating to the conduct of the proceedings, the proceedings are not to be carried on except in compliance with those conditions.

Relationship between security duties and certain other duties etc

105X

(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—section 96C as applied by section 105S; orany of sections 105A to 105D, 105I to 105K, 105L(6), (7)(c) and (8), 105N(2)(a), 105O and 105V.

Statement of policy on ensuring compliance with security duties

105Y

(1) OFCOM must prepare and publish a statement of their general policy with respect to the exercise of their functions under sections 105I and 105M to 105V.

(2) OFCOM may from time to time revise that statement as they think fit.

(3) Where OFCOM make or revise their statement of policy under this section, they must publish that statement or (as the case may be) the revised statement in such manner as they consider appropriate for bringing it to the attention of the persons who, in their opinion, are likely to be affected by it.

(4) In exercising their functions under sections 105I and 105M to 105V OFCOM must have regard to the statement for the time being in force under this section.

OFCOM reports on security

105Z

(1) As soon as practicable after the end of each reporting period OFCOM must prepare and send to the Secretary of State a report for the period (a “security report”).

(2) A security report must contain such information and advice as OFCOM consider may best serve the purpose mentioned in subsection (3).

(3) The purpose is to assist the Secretary of State in the formulation of policy in relation to the security of public electronic communications networks and public electronic communications services.

(4) A security report must in particular include—

(a) information about the extent to which providers of public electronic communications networks and public electronic communications services have complied during the reporting period with the duties imposed on them by or under sections 105A to 105D, 105I to 105K, 105N(2)(a) and 105O;

(b) information about the extent to which providers of public electronic communications networks and public electronic communications services have acted during the reporting period in accordance with codes of practice issued under section 105E;

(c) information about the security compromises that OFCOM have been informed of during the reporting period under section 105K;

(d) information about the action taken by OFCOM during the reporting period in response to security compromises they have been informed of under section 105K;

(e) information about the extent to which and manner in which OFCOM have exercised the functions conferred on them by sections 105I and 105L to 105V during the reporting period;

(f) information about any particular risks to the security of public electronic communications networks and public electronic communications services of which OFCOM have become aware during the reporting period;

(g) any other information of a kind specified in a direction given by the Secretary of State.

(5) A security report must not include personal data (within the meaning of Parts 5 to 7 of the Data Protection Act 2018 (see section 3(2) and (14) of that Act).

(6) The Secretary of State may—

(a) publish a security report or any part of it; or

(b) disclose a security report or any part of it to any person or body performing functions of a public nature for the purpose of enabling or assisting the performance of those functions.

(7) In publishing or disclosing a security report or any part of a security report, the Secretary of State must have regard to the need to exclude from publication or disclosure, so far as is practicable, the matters which are confidential in accordance with subsection (8).

(8) A matter is confidential under this subsection if—

(a) it relates to the affairs of a particular body; and

(b) publication or disclosure of that matter would or might, in the Secretary of State’s opinion, seriously and prejudicially affect the interests of that body.

(9) In this section “reporting period” means—

(a) the period of 2 years beginning with the day on which section 11 of the Telecommunications (Security) Act 2021 comes into force; and

(b) each successive period of 12 months.

Repeal of existing newspaper merger regime

Additional investigation and report by OFCOM

Adaptation of role of OFT in special public interest regime

Service of notifications and other documents

General restrictions on disclosure of information

Destination of ... fees and penalties

7A

A decision to include a statement under section 105P(1)(b) in an assessment notice under section 105O.

7B

A decision relating to the making or revision of a statement under section 105Y.

7C

A decision relating to the making of a report under section 105Z.

Powers in relation to internet domain registries

124O

(1) This section applies where the Secretary of State—

(a) is satisfied that a serious relevant failure in relation to a qualifying internet domain registry is taking place or has taken place, and

(b) wishes to exercise the powers under section 124P or 124R.

(2) The Secretary of State must notify the internet domain registry, specifying the failure and a period during which the registry has the opportunity to make representations to the Secretary of State.

(3) There is a relevant failure in relation to a qualifying internet domain registry if—

(a) the registry, or any of its registrars or end-users, engages in prescribed practices that are unfair or involve the misuse of internet domain names, or

(b) the arrangements made by the registry for dealing with complaints in connection with internet domain names do not comply with prescribed requirements.

(4) A relevant failure is serious, for the purposes of this section, if it has adversely affected or is likely adversely to affect—

(a) the reputation or availability of electronic communications networks or electronic communications services provided in the United Kingdom or a part of the United Kingdom, or

(b) the interests of consumers or members of the public in the United Kingdom or a part of the United Kingdom.

(5) In subsection (3) “prescribed” means prescribed by regulations made by the Secretary of State.

(6) Before making regulations under subsection (3) the Secretary of State must consult such persons as the Secretary of State considers appropriate.

(7) In this section and sections 124P to 124R—

“end-user”, in relation to a qualifying internet domain registry, means a person who has been or wants to be allocated an internet domain name that is or would be included in the register maintained by the registry;

“qualifying internet domain registry” means a relevant body that—maintains a relevant register of internet domain names, andoperates a computer program or server that forms part of the system that enables the names included in the register to be used to access internet protocol addresses or other information by means of the internet;

“registrar”, in relation to a qualifying internet domain registry, means a person authorised by the registry to act on behalf of end-users in connection with the registration of internet domain names;

“relevant body” means a company formed and registered under the Companies Act 2006 or a limited liability partnership;

“relevant register of internet domain names” means a register of—the names of second level internet domains that form part of the same UK-related top level internet domain, orthe names of third level internet domains that form part of the same UK-related second level internet domain;

“second level internet domain” means an internet domain indicated by the last two elements of an internet domain name;

“third level internet domain” means an internet domain indicated by the last three elements of an internet domain name;

“top level internet domain” means an internet domain indicated by the last element of an internet domain name.

(8) An internet domain is “UK-related” if, in the opinion of the Secretary of State, the last element of its name is likely to cause users of the internet, or a class of such users, to believe that the domain and its sub-domains are connected with the United Kingdom or a part of the United Kingdom.

17A

(1) This paragraph applies where—

(a) an operator (“the main operator”) keeps electronic communications apparatus installed under land,

(b) the main operator is not a party to an agreement under Part 2 of this code in relation to the electronic communications apparatus, and

(2) If the conditions in sub-paragraphs (3), (4) and (6) are met, the main operator may—

(a) upgrade the electronic communications apparatus, or

(b) share the use of the electronic communications apparatus with another operator.

(3) The first condition is that the upgrading or sharing has no adverse impact on the land.

(4) The second condition is that the upgrading or sharing imposes no burden on any person with an interest in the land.

(5) For the purposes of sub-paragraph (4) a burden includes anything that—

(a) has an adverse effect on the person’s enjoyment of the land, or

(b) causes loss, damage or expense to the person.

(6) The third condition is that, before the beginning of the period of 21 days ending with the day on which the main operator begins to upgrade the electronic communications apparatus or (as the case may be) share its use, the main operator attaches a notice, in a secure and durable manner, to a conspicuous object on the relevant land.

(7) A notice attached for the purposes of sub-paragraph (6) must—

(a) be attached in a position where it is reasonably legible,

(b) state that the main operator intends to upgrade the electronic communications apparatus or (as the case may be) share its use with another operator,

(c) state the date on which the main operator intends to begin to upgrade the electronic communications apparatus or (as the case may be) share its use with another operator,

(d) state, in a case where the main operator intends to share the use of the electronic communications apparatus with another operator, the name of the other operator, and

(e) give the name of the main operator and an address in the United Kingdom at which the main operator may be contacted about the upgrading or sharing.

(8) Any person giving a notice at that address in respect of that electronic communications apparatus is to be treated as having been given that address for the purposes of paragraph 91(2).

(9) Nothing in this paragraph is to be read as conferring a right on the main operator to enter the land for the purpose of upgrading or sharing the use of the electronic communications apparatus.

(10) References in this paragraph to sharing electronic communications apparatus include carrying out works to the electronic communications apparatus to enable such sharing to take place.

(11) In this paragraph “the relevant land” means—

(a) in a case where the main operator has a right to enter the land under which the electronic communications apparatus is installed, that land;

(b) in any other case, the land on which works will be carried out to enable the upgrading or sharing to take place or, where there is more than one set of works, the land on which each set of works will be carried out.

Refusal of application on grounds of national security etc

27ZA

(1) This paragraph applies where an operator applies to the court for an order under paragraph 20, 26 or 27 which would impose an agreement between the operator and another person.

(2) The court must refuse the application if the Secretary of State gives a certificate to the court certifying that the condition in sub-paragraph (3) is met.

(3) The condition is that the Secretary of State is satisfied that the order applied for by the operator would be likely to prejudice national security, defence or law enforcement.

(4) If the Secretary of State gives a certificate to the court under sub-paragraph (2) the Secretary of State must give a copy of it to the operator and the other person.

(5) In this paragraph, “law enforcement” means the prevention, investigation, detection or prosecution of criminal offences including the safeguarding against and the prevention of threats to public security.

11A

(1) OFCOM must prepare and publish a media literacy strategy within the period of one year beginning with the day on which the Online Safety Act 2023 is passed.

(2) A media literacy strategy is a plan setting out how OFCOM propose to exercise their functions under section 11 in the period covered by the plan, which must be not more than three years.

(3) In particular, a media literacy strategy must state OFCOM’s objectives and priorities for the period it covers.

(4) Before the end of the period covered by a media literacy strategy, OFCOM must prepare and publish a media literacy strategy for a further period, ensuring that each successive strategy covers a period beginning immediately after the end of the last one.

(5) In preparing or revising a media literacy strategy, OFCOM must consult such persons as they consider appropriate.

(6) OFCOM’s annual report must contain a media literacy statement.

(7) A media literacy statement is a statement by OFCOM—

(a) summarising what they have done in the financial year to which the report relates in the exercise of their functions under section 11, and

(b) assessing what progress has been made towards achieving the objectives and priorities set out in their media literacy strategy in that year.

(8) A media literacy statement must include a summary and an evaluation of the activities and initiatives pursued or commissioned by OFCOM in the exercise of their functions under section 11 in the financial year to which the report relates.

(9) The first annual report that is required to contain a media literacy statement is the report for the financial year during which OFCOM’s first media literacy strategy is published, and that first statement is to relate to the period from publication day until the end of that financial year.

(10) But if OFCOM’s first media literacy strategy is published during the second half of a financial year—

(a) the first annual report that is required to contain a media literacy statement is the report for the next financial year, and

(b) that first statement is to relate to the period from publication day until the end of that financial year.

(11) References in this section to OFCOM’s functions under section 11 are to those functions so far as they relate to regulated services.

(12) In this section—

“annual report” means OFCOM’s annual report under paragraph 12 of the Schedule to the Office of Communications Act 2002;

“financial year” means a year ending with 31 March.

124P

(1) This section applies where—

(a) the Secretary of State has given a notification under section 124O to a qualifying internet domain registry specifying a failure,

(b) the period allowed for making representations has expired, and

(c) the Secretary of State is satisfied that the registry has not taken the steps that the Secretary of State considers appropriate for remedying the failure.

(2) The Secretary of State may by order appoint a manager in respect of the property and affairs of the internet domain registry for the purpose of securing that the registry takes the steps described in subsection (1)(c).

(3) The person appointed may be anyone whom the Secretary of State thinks appropriate.

(4) The appointment of the manager does not affect—

(a) a right of a person to appoint a receiver of the registry's property, or

(b) the rights of a receiver appointed by a person other than the Secretary of State.

(5) The Secretary of State must—

(a) keep the order under review, and

(b) if appropriate, discharge all or part of the order.

(6) The Secretary of State must discharge the order on the appointment of a person to act as administrative receiver, administrator, provisional liquidator or liquidator of the registry.

(7) The Secretary of State must discharge the order before the end of the period of 2 years beginning with the day on which it was made (but this does not prevent the Secretary of State from making a further order in the same or similar terms).

(8) When discharging an order under this section, the Secretary of State may make savings and transitional provision.

(9) The Secretary of State must send a copy of an order made under this section to the registry as soon as practicable after it is made.

(10) In subsection (4), “receiver” includes a manager (other than a manager appointed by the registry) and a person who is appointed as both receiver and manager.

(11) In subsection (6)—

“administrative receiver” means an administrative receiver within the meaning of section 251 of the Insolvency Act 1986 or Article 5(1) of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19));

“administrator” means a person appointed to manage the affairs, business and property of the registry under Schedule B1 to that Act or Schedule B1 to that Order.

124Q

(1) An order under section 124P may make provision about the functions to be exercised by, and the powers of, the manager.

(2) The order may, in particular—

(a) provide for the manager to have such of the functions of the registry's directors as are specified in the order (including functions exercisable only by a particular director or class of directors), and

(b) provide for one or more of the registry's directors to be prevented from exercising any of those functions.

(3) The order may make provision about the remuneration of the manager, including in particular—

(a) provision for the amount of the remuneration to be determined by the Secretary of State, and

(b) provision for the remuneration to be payable from the property of the registry.

(4) In carrying out the functions conferred by the order, the manager acts as the registry's agent.

(5) The Secretary of State may apply to the court for directions in relation to any matter arising in connection with the functions or powers of the manager (and the costs of the application are to be paid by the registry).

(6) On an application under subsection (5) the court may give such directions or make such orders as it thinks fit.

(7) In this section “the court” means—

(a) in England and Wales, the High Court or the county court,

(b) in Scotland, the Court of Session or the sheriff, and

(8) Where the registry is a limited liability partnership, this section applies as if references to a director of the registry were references to a member of the limited liability partnership.

124R

(1) This section applies where—

(a) the Secretary of State has given a notification under section 124O to a qualifying internet domain registry specifying a failure,

(b) the period allowed for making representations has expired, and

(c) the Secretary of State is satisfied that the registry has not taken the steps that the Secretary of State considers appropriate for remedying the failure.

(2) The Secretary of State may apply to the court (as defined in section 124Q) for an order under this section.

(3) The court may make an order—

(a) making alterations of the registry's constitution, and

(b) requiring the registry not to make any alterations, or any specified alterations, of its constitution without the leave of the court.

(4) An order under this section may contain only such provision as the court considers appropriate for securing that the registry remedies the failure specified in the notification under section 124O.

(5) In this section—

“constitution” means, in the case of a company, the articles of association and, in the case of a limited liability partnership, the limited liability partnership agreement;

“limited liability partnership agreement” means the agreement or agreements, whether express or implied, between the members of a limited liability partnership, and between the partnership and the members of the partnership, determining—the mutual rights and duties of the members, andtheir rights and duties in relation to the partnership.

Part 3A — Prominence on television selection services

Designated internet programme services

362AA

(1) In this Part, “designated internet programme service” means—

(a) an internet programme service provided by the BBC,

(b) an internet programme service provided by a public service broadcaster other than the BBC and designated by OFCOM under subsection (2) for the purposes of this Part, or

(c) an internet programme service provided by a person associated with a public service broadcaster and designated by OFCOM as described in paragraph (b).

(2) OFCOM may designate an internet programme service provided by a public service broadcaster other than the BBC or a person associated with a public service broadcaster if—

(a) the service satisfies the conditions in subsection (3), (4) or (5) that apply to it; and

(b) OFCOM consider that it is appropriate to designate the service.

(3) The conditions in the case of an internet programme service provided by the provider of a licensed public service channel or a person associated with the provider of that licensed public service channel are—

(a) that the service makes or would, if designated, be capable of making—

(i) a significant contribution to the fulfilment of the public service remit for that licensed public service channel, or

(ii) in a case where the provider of the service is, in relation to two or more licensed public service channels, either the provider of, or a person associated with the provider of, the channels, a significant contribution to the fulfilment of the public service remit for at least one of those licensed public service channels; and

(b) that the public service remit content included in the service is readily discoverable and is promoted by the service.

(4) The conditions in the case of an internet programme service provided by S4C or a person associated with S4C are—

(a) that the service makes or would, if designated, be capable of making a significant contribution to the fulfilment of S4C’s public service remit; and

(b) that the public service remit content included in the service is readily discoverable and is promoted by the service.

(5) The conditions in the case of an internet programme service provided by a person associated with the BBC are—

(a) that the service makes or would, if designated, be capable of making a significant contribution to the promotion of one or more of the BBC’s public purposes; and

(b) that the material contributing to the promotion of one or more of those purposes which is included in the service is readily discoverable and is promoted by the service.

(6) In considering whether an internet programme service provided by a person other than the BBC satisfies the conditions in subsection (3), (4) or (5) that apply to it, OFCOM must have regard to any statement for the time being published by OFCOM under section 362AC.

(7) In considering whether it is appropriate to designate an internet programme service provided by a public service broadcaster other than the BBC or a person associated with such a broadcaster, OFCOM must have regard, in particular, to the following matters—

(a) any proposals included in any such public service broadcaster’s latest statement of programme policy published under section 266 or 267 or paragraph 4 of Schedule 12 as to the contribution that the internet programme service will make towards fulfilling the public service remit for its licensed public service channel or (as the case may be) S4C’s public service remit;

(b) whether that proposed contribution is capable of satisfying the needs and interests of—

(i) a specific audience, in a case where the service would, if designated, be the second or further designated internet programme service provided by a public service broadcaster or a person associated with that broadcaster, or

(ii) a wide range of audiences, in any other case;

(c) in relation to any such public service broadcaster whose public service remit content is included in the internet programme service, how effective and efficient is the broadcaster’s monitoring of its performance so far as relating to the fulfilment of the public service remit for its licensed public service channel or (as the case may be) S4C’s public service remit.

(8) In considering whether it is appropriate to designate an internet programme service provided by a person associated with the BBC, OFCOM must have regard, in particular, to the following matters—

(a) any proposals included in a statement of policy made by the BBC in pursuance of the BBC Charter and Agreement as to the contribution that the service will make towards the promotion of one or more of the BBC’s public purposes;

(b) whether that proposed contribution is capable of satisfying the needs and interests of—

(i) a specific audience, in a case where the service would, if designated, be the second or further designated internet programme service provided by the BBC or a person associated with the BBC, or

(ii) a wide range of audiences, in any other case;

(c) how effective and efficient is the BBC’s monitoring of the contribution of persons associated with the BBC to the promotion of one or more of the BBC’s public purposes.

(9) Before designating an internet programme service, OFCOM must consult—

(a) the provider of the service;

(b) such other persons as OFCOM consider appropriate.

(10) In this Part, a reference to an internet programme service is a reference to—

(a) an on-demand programme service where the programmes viewed by a user of the service are accessed by the user by means of the internet,

(b) a non-UK on-demand programme service where the programmes viewed by a user of the service are accessed by the user by means of the internet, or

(11) The requirements are—

(a) that the principal purpose of the service is the provision of programmes,

(b) that the programmes viewed by a user of the service are accessed by the user by means of the internet, and

(i) such on-demand programme service as is described in subsection (10)(a) or such non-UK on-demand programme service as is described in subsection (10)(b), and

(ii) another service which is, or two or more other services each of which is, such an on-demand programme service, such a non-UK on-demand programme service, or a service (other than those kinds of service) that consists of, or has as its principal purpose the provision of, programmes.

(12) In this section—

“public service remit”—in relation to a Channel 3 service or Channel 5, has the meaning given by section 265(2);in relation to Channel 4, has the meaning given by section 265(3);in relation to S4C, has the meaning given by section 204A;

“public service remit content”, in relation to an internet programme service provided by a public service broadcaster other than the BBC or a person associated with such a broadcaster, means material included in the internet programme service that contributes to the fulfilment of—the public service remit for the licensed public service channel in question, orS4C’s public service remit (as the case may be).

362AB

(1) If an internet programme service provided by a person other than a public service broadcaster is designated under section 362AA (2), the designation is revoked on the person ceasing to be associated with—

(a) if the person is associated with only one public service broadcaster, that public service broadcaster, or

(b) if the person is associated with more than one public service broadcaster, all of those public service broadcasters.

(2) OFCOM may give notice under subsection (3) to a person other than the BBC who provides a designated internet programme service if OFCOM consider that there are reasonable grounds for believing that—

(a) a designated internet programme service provided by that person is not making such contribution as is described in subsection (3)(a), subsection (4)(a) or (as the case may be) subsection (5)(a) of section 362AA,

(b) the content included in the service which is of the description referred to in subsection (3)(b), subsection (4)(b) or (as the case may be) subsection (5)(b) of section 362AA is not readily discoverable or is not promoted by the service, or

(3) A notice under this subsection must—

(a) state that OFCOM consider that there are reasonable grounds for believing the matter in paragraph (a), (b) or (c) of subsection (2);

(b) give OFCOM’s reasons for that opinion;

(d) state that the person may make representations to OFCOM about the matters contained in the notice;

(e) specify the period within which such representations may be made.

(4) Where the period allowed for representations has expired, OFCOM must, after considering any representations that have been made—

(a) decide whether or not to revoke the designation, and

(b) give notice to the person of their decision.

(5) Where OFCOM decide to revoke a designation, a notice under subsection (4)(b) must—

(a) state that OFCOM are satisfied as to the matter in paragraph (a), (b) or (c) of subsection (2);

(b) give OFCOM’s reasons for being so satisfied.

(6) In considering whether there are reasonable grounds for believing the matter in paragraph (a), (b) or (c) of subsection (2) or whether they are satisfied as to that matter, OFCOM must have regard to any statement for the time being published by OFCOM under section 362AC.

(7) OFCOM must revoke a designation of an internet programme service under section 362AA (2) if the person providing the service requests them to do so.

362AC

(1) OFCOM must prepare and publish a statement providing—

(a) information about the methods applied in determining the matters in sections 362AA (3), (4) and (5) and 362AB (2), and

(b) such other information relating to the determination of those matters as OFCOM consider appropriate.

(2) OFCOM may revise or replace a statement published under this section and, where they do so, must publish the revised or replacement statement.

362AD

(1) Where an internet programme service provided by a person associated with a public service broadcaster has been designated under section 362AA (2), the person must give notice to OFCOM if the person ceases to be a person associated with that public service broadcaster.

(2) A notice given to OFCOM under this section must—

(a) be sent in such manner as OFCOM may require;

(b) contain such information as OFCOM may require.

Regulated television selection services

362AE

(1) In this Part, “television selection service” means a service or a dissociable section of a service, provided by means of the internet and in connection with internet television equipment, which consists of—

(a) the presentation of the internet programme services included in the service or the dissociable section of the service, and

(b) a facility that enables the user—

(i) to make a selection between those services or between programmes provided by those services or both, and

(ii) to access the service selected or the programme selected or both.

(2) In subsection (1), “internet television equipment” means any apparatus or combination of apparatus specified in regulations made by the Secretary of State setting out the descriptions of apparatus or combinations of apparatus that are internet television equipment for the purposes of this Part.

(3) Regulations made by virtue of subsection (2) may—

(a) provide for references to internet television equipment to include references to software used in association with apparatus, and

(b) describe apparatus or a combination of apparatus by reference to software used in association with the apparatus or any of it.

(4) Exceptions in regulations made by virtue of subsection (2) may include exceptions relating to the purpose or purposes for which a description of apparatus may be used in addition to the purpose of viewing internet programme services.

(5) The person, and the only person, who is to be treated for the purposes of this Part as providing a television selection service is the person who has general control over the manner in which the service presents to its users the internet programme services that are included in the service.

(6) The fact that a television selection service relies to any extent on algorithms to determine the prominence given to—

(a) an internet programme service included in the service, or

(b) any programme provided by an internet programme service included in the service,

does not prevent a person from having general control as described in subsection (5).

(7) The Secretary of State may by regulations—

(a) amend this section so as to alter the definition of “television selection service” or “internet television equipment”, and

(b) make such amendments or repeals of any provision of this Act or any other Act as appear to the Secretary of State to be expedient in consequence of the amendments made by virtue of paragraph (a).

(8) A statutory instrument containing regulations under subsection (7) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

362AF

(1) In this Part, “regulated television selection service” means a television selection service which—

(a) is for the time being designated by regulations made by the Secretary of State, or

(b) is of a description specified in regulations made by the Secretary of State.

(2) The Secretary of State may not exercise the power under subsection (1)(a) so as to cause a television selection service to become a regulated television selection service unless the Secretary of State considers that the service is used by a significant number of members of the public in the United Kingdom.

(3) Regulations under subsection (1)(b) may, in particular, frame a description of television selection services by reference to—

(a) a television selection service being used, or being used in a manner specified in the regulations, by no fewer than such number of members of the public in the United Kingdom as may be specified in the regulations;

(b) the date on which a television selection service is first made available to members of the public in the United Kingdom;

(4) Before making regulations under subsection (1)(a) or (b), the Secretary of State must have received a report under section 362AG relating to the television selection service or description of television selection services in question.

362AG

(1) OFCOM may prepare reports making recommendations about the exercise of the power under section 362AF (1)(a) or (b).

(2) Where—

(a) the Secretary of State proposes to make regulations under section 362AF (1)(a) or (b), and

(b) the Secretary of State has not received a report under subsection (1) relating to the television selection service or description of television selection services that would be affected by the proposed regulations,

the Secretary of State must request OFCOM to prepare a report making recommendations about the exercise of the power under section 362AF (1)(a) or (b) in relation to that service or services of that description.

(3) Where the Secretary of State makes a request under subsection (2), OFCOM must prepare such a report as soon as practicable.

(4) A report under subsection (1) or (3) relating to the exercise of the power under section 362AF (1)(a) must include OFCOM’s assessment of—

(a) the number of members of the public in the United Kingdom using that service and whether that number is significant;

(b) the manner in which that service is used by such persons;

(c) whether that service is capable of functioning as a regulated television selection service and the modifications, if any, that are needed to make it so capable;

(d) such matters as OFCOM consider likely to affect the matters referred to in paragraphs (a) to (c).

(5) A report under subsection (1) or (3) relating to the exercise of the power under section 362AF (1)(b) must include OFCOM’s assessment of—

(a) which television selection services are likely to fall within the description of television selection services in question;

(b) such matters as OFCOM consider relevant to the assessment described in paragraph (a).

(6) OFCOM must give the Secretary of State a report prepared under subsection (1) or (3).

(7) If the Secretary of State exercises the power under section 362AF (1)(a) or (b) in a manner which differs materially from recommendations made in a report under this section, the Secretary of State must publish, no later than the time at which the regulations are made, a statement giving the Secretary of State’s reasons for doing so.

(8) OFCOM must publish reports given to the Secretary of State under this section.

(9) OFCOM must prepare and publish a statement about the principles and methods applied by OFCOM in preparing a report under subsection (1) or (3).

(10) OFCOM may revise or replace a statement published under this section and, where they do so, must publish the revised or replacement statement.

Notification by providers of television selection services

362AH

(1) A provider of a television selection service must give notice to OFCOM if the service is or becomes a television selection service of a description specified in regulations made by virtue of section 362AF (1)(b).

(2) A provider of a television selection service must give notice to OFCOM if, having been a service of a description specified in regulations made by virtue of section 362AF (1)(b), the service ceases to be a service of such a description.

(3) A provider of a regulated television selection service must give notice to OFCOM if the provider ceases to provide that service.

(4) A notice given to OFCOM under this section must—

(a) be sent in such manner as OFCOM may require;

(b) contain such information as OFCOM may require.

Lists of services

362AI

(1) OFCOM must establish and maintain up to date lists of—

(a) designated internet programme services; and

(b) regulated television selection services and their providers.

(2) OFCOM must publish the up to date lists on a publicly accessible part of their website.

Must-offer and must-carry obligations

362AJ

(1) The provider of a designated internet programme service must at all times offer the service as available (subject to the need to agree terms) to be, in relation to every regulated television selection service, included in the regulated television selection service.

(2) The provider of a designated internet programme service must do its best to secure that, in relation to every regulated television selection service, arrangements are entered into, and kept in force, that ensure that the service is included in the regulated television selection service.

(3) The provider of a designated internet programme service must act consistently with the agreement objectives when entering into such arrangements and while they are in force.

(4) Subsections (1) to (3) do not apply where the provider of a designated internet programme service is the BBC.

362AK

(1) The provider of a regulated television selection service must—

(a) in respect of each designated internet programme service, enter into arrangements with the provider of the designated internet programme service for the regulated television selection service to include that designated internet programme service, and

(b) keep them in force.

(2) The provider of a regulated television selection service must act consistently with the agreement objectives when entering into arrangements in pursuance of subsection (1) and while they are in force.

(3) For provision applying where there is a dispute about the arrangements that should be made or their operation, see sections 362AT to 362AY.

362AL

(1) OFCOM must prepare and publish guidance about how providers of designated internet programme services and providers of regulated television selection services may act consistently with the agreement objectives.

(2) The reference in subsection (1) to acting consistently with the agreement objectives is to be treated, in relation to the BBC, as a reference to carrying out any duty of the BBC under the BBC Charter and Agreement that is comparable to the duty of providers of designated internet programme services other than the BBC under section 362AJ (3).

(3) OFCOM may revise and replace any guidance published under this section and, where they do, must publish the revised or replacement guidance.

(4) Before preparing guidance under this section (or revising or replacing it), OFCOM must consult—

(a) the Secretary of State, and

(b) such other persons as they consider appropriate.

(5) In exercising or deciding whether to exercise any of their powers under sections 362AU to 362AX, OFCOM must have regard to any guidance for the time being published under this section.

362AM

(1) In sections 362AJ to 362AL “the agreement objectives” are—

(a) that a designated internet programme service is given an appropriate degree of prominence within a regulated television selection service;

(b) that, in a case where a designated internet programme service contributes to—

(i) the fulfilment of the public service remit for a licensed public service channel,

(ii) the fulfilment of S4C’s public service remit, or

(iii) the promotion of one or more of the BBC’s public purposes,

the arrangements made between the provider of that designated internet programme service and the provider of a regulated television selection service do not adversely affect the ability of the provider of that channel to fulfil the public service remit for that channel, the ability of S4C to fulfil S4C’s public service remit or (as the case may be) the ability of the BBC to promote its public purposes;

(c) that arrangements so made do not disproportionately restrict how the provider of a regulated television selection service may make innovations in the ways that users may select and access internet programme services or programmes included in such services.

(2) The reference in subsection (1)(a) to a designated internet programme service being given an appropriate degree of prominence within a regulated television selection service includes a reference to an appropriate degree of prominence being given to public service remit content and any listed channel included in that designated internet programme service, so far as the prominence of that content or channel is capable of being affected by the operation of the regulated television selection service.

(3) The following are listed channels for the purposes of this section—

(a) any service of television programmes provided by the BBC so as to be available for use by members of the public;

(b) any Channel 3 service;

(d) Channel 5;

(e) S4C Digital.

Duties relating to a designated internet programme service

362AN

(1) The provider of a designated internet programme service must ensure that—

(a) the service makes such contribution as is described in subsection (3)(a), subsection (4)(a) or (as the case may be) subsection (5)(a) of section 362AA, and

(b) such material included in the service as is described in subsection (3)(b), subsection (4)(b) or (as the case may be) subsection (5)(b) of section 362AA is readily discoverable and is promoted by the service.

(2) Subsection (1) does not apply where the provider of a designated internet programme service is the BBC.

Duties relating to a regulated television selection service

362AO

(1) A provider of a regulated television selection service must secure that the manner in which its service presents internet programme services to its users in the United Kingdom gives an appropriate degree of prominence to each of the designated internet programme services included in its service.

(2) Subsection (1) does not require that a designated internet programme service be given prominence, or the same degree of prominence, in relation to every area of the United Kingdom.

(3) The reference in subsection (1) to giving an appropriate degree of prominence to a designated internet programme service included in a regulated television selection service includes a reference to giving an appropriate degree of prominence to—

(a) material that is public service remit content or contributes to the promotion of one or more of the BBC’s public purposes included in that designated internet programme service, and

(b) any listed channel included in that designated internet programme service,

so far as the prominence of that material or channel is affected by the operation of the regulated television selection service.

(4) A provider of a regulated television selection service must incorporate features in the service that secure that persons with disabilities, in particular those affecting their sight or hearing or both—

(a) are able, so far as practicable, to make use of the service for all the same purposes as persons without disabilities; and

(b) are informed about, and are able to make use of, whatever assistance for disabled people is provided in relation to the internet programme services included in the service.

(5) In this section “assistance for disabled people” has the same meaning as in Part 3 (see section 362(1)).

362AP

(1) OFCOM must issue a code of practice describing actions that OFCOM recommend for the purpose of securing that the manner in which a regulated television selection service presents internet programme services to its users complies with the duties in section 362AO.

(2) OFCOM may—

(a) revise a code of practice issued under this section and issue the code as revised;

(b) withdraw a code of practice issued under this section and issue a new code of practice.

(3) OFCOM must—

(a) publish a code of practice issued under this section in such manner as they consider appropriate;

(b) keep a code of practice issued under this section under review.

(4) If requested by the Secretary of State to review all or part of a code of practice issued under this section, OFCOM must review the code or that part of it.

(5) OFCOM must secure that the actions recommended in a code of practice issued under this section are consistent with the agreement objectives.

(6) The actions recommended in a code of practice issued under this section may include—

(a) actions relating to particular descriptions of regulated television selection services;

(b) actions relating to particular descriptions of internet programme services.

362AQ

(1) The provider of a regulated television selection service is to be treated as complying with the duty in section 362AO (1) or (4) if the provider takes the actions described in the code of practice which are recommended for the purpose of complying with the duty.

(2) A failure by the provider of a regulated television selection service to act in accordance with a provision of the code of practice does not of itself make the provider liable to legal proceedings before a court or tribunal.

(3) In any legal proceedings before a court or tribunal, the court or tribunal must take into account a provision of the code of practice in determining any question arising in the proceedings if—

(a) the question relates to a time when the provision was in force, and

(b) the provision appears to the court or tribunal to be relevant to the question.

(4) OFCOM must take into account a provision of the code of practice in determining any question arising in connection with the carrying out by them of a relevant function if—

(a) the question relates to a time when the provision was in force, and

(b) the provision appears to OFCOM to be relevant to the question.

(5) In this section, “relevant function” means a function conferred on OFCOM by any of the following provisions—

(a) sections 362AT to 362AY (references of disputes to OFCOM), and

(b) sections 362AZ to 362AZ5 (enforcement).

362AR

(1) Before issuing a code of practice under section 362AP, OFCOM—

(a) must publish a draft of the code or (as the case may be) a draft of the revisions of the existing code;

(b) must consult the following about the draft—

(i) the Secretary of State;

(ii) public service broadcasters;

(iii) such persons who appear to OFCOM to represent providers of regulated television selection services;

(iv) such other persons as OFCOM consider appropriate;

(2) Subsection (1) does not apply in relation to revisions of the code of practice if—

(a) OFCOM give the Secretary of State a draft of the revisions of the existing code, and

(b) the Secretary of State agrees that it is not necessary for subsection (1) to apply in relation to the revisions.

Power to require information

362AS

(1) OFCOM may by notice (an “information notice”) require a person within subsection (4) to provide them with any information that they require for the purpose of carrying out their functions under this Part.

(2) The power conferred by subsection (1) includes power to require a person within subsection (4) to obtain or generate information.

(3) The power conferred by subsection (1) must be exercised in a way that is proportionate to the use to which the information is to be put by OFCOM.

(4) The persons within this subsection are—

(a) a public service broadcaster;

(b) a provider of an internet programme service;

(d) a person who provides an ancillary service in relation to an internet programme service or a television selection service;

(e) a manufacturer of apparatus that is, or in combination with other apparatus is, internet television equipment;

(f) a person who creates or provides software used in association with such apparatus;

(g) a person who was within any of paragraphs (a) to (f) at a time to which the required information relates;

(h) a person who is not within any of paragraphs (a) to (g) but who appears to OFCOM to have, or to be able to obtain or generate, information required by them as mentioned in subsection (1).

(5) The information that OFCOM may require under subsection (1) includes, in particular, information that they require for any one or more of the following purposes—

(a) the purpose of deciding whether to designate an internet programme service for the purposes of this Part or to revoke such a designation;

(b) the purpose of assessing compliance with section 362AD (1) (duty to notify OFCOM where cease to be associated with a public service broadcaster);

(c) the purpose of preparing a report under section 362AG (advice from OFCOM about the designation of television selection services etc);

(d) the purpose of assessing compliance with section 362AH (duty of providers of television selection services to notify OFCOM);

(e) the purpose of assessing compliance with any duty of a provider of a designated internet programme service under section 362AJ or 362AN (must-offer and content of designated internet programme services obligations);

(f) the purpose of assessing compliance with any duty of the BBC under the BBC Charter and Agreement that is comparable to any duty of a provider of a designated internet programme service under section 362AJ or 362AN;

(g) the purpose of assessing compliance with any duty of a provider of a regulated television selection service under section 362AK or 362AO (must-carry and prominence obligations);

(h) the purpose of preparing or reviewing a code of practice under section 362AP (code of practice relating to duties under section 362AO);

(i) the purpose of OFCOM’s functions under sections 362AT to 362AY (dispute resolution);

(j) the purpose of assessing compliance with any requirements imposed by a confirmation decision under section 362AZ1;

(k) the purpose of determining the appropriate fee that a provider is required to pay under section 362AZ6;

(l) the purpose of OFCOM’s monitoring role under section 362AZ9;

(m) the purpose of ascertaining the amount of a person’s or a group of entities’ qualifying worldwide revenue for the purposes of paragraph 3 or 4 of Schedule 16A.

(6) An information notice must—

(a) specify or describe the information to be provided,

(b) specify why OFCOM require the information,

(d) contain information about the consequences of not complying with the notice.

(7) An information notice must specify when the information must be provided which may be—

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