Textual Amendments
F1Ss. 105A-105D and cross-heading inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 65 (with Sch. 3 para. 2)
(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; or
any of sections 105A to 105D, 105I to 105K, 105L(6), (7)(c) and (8), 105N(2)(a), 105O and 105V.]
Textual Amendments
F2S. 105X inserted (1.10.2022) by Telecommunications (Security) Act 2021 (c. 31), ss. 9, 28(2)(b); S.I. 2022/931, reg. 2(b)