Securing compliance with security duties

I1I29Relationship between security duties and certain other duties etc

After section 105W of the Communications Act 2003 insert—

105XRelationship 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.