The Product Security and Telecommunications Infrastructure Act 2022 (Commencement No. 2) Regulations 2023

Made: 25th April 2023

The Secretary of State makes these Regulations in exercise of the power conferred by section 79(2) of the Product Security and Telecommunications Infrastructure Act 2022[^f00001].

Citation and interpretation

1

• (1) These Regulations may be cited as the Product Security and Telecommunications Infrastructure Act 2022 (Commencement No. 2) Regulations 2023.

• (2) In these Regulations “the Act” means the Product Security and Telecommunications Infrastructure Act 2022.

Provision coming into force on 26th April 2023

2

Section 66 (refusal of application for code rights on grounds of national security etc) of the Act comes into force on 26th April 2023.

Provisions coming into force on 29th April 2024

3

Part 1 of the Act comes into force on 29th April 2024, so far as not already in force.

Signed

Camrose — Parliamentary Under Secretary of State — Department for Science, Innovation and Technology — 25th April 2023

Explanatory note

(This note is not part of the Regulations)

Explanatory Note

These Regulations bring specified provisions of the Product Security and Telecommunications Infrastructure Act 2022 (c. 46) (“the Act”) into force. They are the second commencement regulations made under the Act.

Regulation 2 brings into force on 26th April 2023 section 66 of the Act. Regulation 3 brings into force on 29th April 2024 those provisions in Part 1 of the Act which are not already in force.

Section 66 of the Act inserts into the electronic communications code (the “code”) set out in Schedule 3A to the Communications Act 2003 (c. 21) a power for the Secretary of State to give a certificate to the court in certain circumstances. These circumstances are where an operator applies to the court for an order under paragraph 20, 26 or 27 of the code which would impose an agreement between the operator and another person and where the Secretary of State is satisfied that such an order would be likely to prejudice national security, defence or law enforcement. The court must refuse the application if the Secretary of State gives such a certificate to the court.

Part 1 of the Act creates a new regulatory regime for UK consumer connectable products and imposes duties on relevant persons who make these products available to customers in the United Kingdom.

The Explanatory Notes to the Act provide further explanation of the reform to the code introduced by section 66 of the Act and of the new regulatory regime created by Part 1 of the Act and are available online (https://www.legislation.gov.uk/ukpga/2022/46/notes/contents) and in hard copy from TSO, PO Box 29, Norwich, NR3 1GN (telephone orders/general enquiries: 0333 202 5070).

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

Footnotes

[^f00001]: 2022 c. 46.