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The Network and Information Systems Regulations 2018
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- UK Statutory Instruments
- 2018 No. 506
- PART 5
- Regulation A20
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[F1Enforcement by civil proceedingsU.K.
This section has no associated Explanatory Memorandum
A20.—(1) This regulation applies where—
(a)a designated competent authority for an OES has reasonable grounds to believe that the OES has failed to comply with the requirements of an enforcement notice as required by regulation 17(3A); or
(b)the Information Commissioner has reasonable grounds to believe that a RDSP has failed to comply with the requirements of an enforcement notice as required by regulation 17(3A).
(2) This regulation applies irrespective of whether the OES or RDSP has appealed to the First-tier Tribunal under regulation 19A.
(3) But where an OES or RDSP has appealed to the First-tier Tribunal under regulation 19A and the Tribunal has granted a suspension of the effect of the whole or part of the relevant decision under regulation 19B(2), the relevant competent authority or the Information Commissioner, as the case may be, may not bring or continue proceedings under this regulation in respect of that decision or that part of that decision for as long as the suspension has effect.
(4) Where paragraph (1)(a) applies, the relevant competent authority may commence civil proceedings against the OES—
(a)for an injunction to enforce the duty in regulation 17(3A);
(b)for specific performance of a statutory duty under section 45 of the Court of Session Act 1988; or
(c)for any other appropriate remedy or relief.
(5) Where paragraph (1)(b) applies, the Information Commissioner may commence civil proceedings against the RDSP—
(a)for an injunction to enforce the duty in regulation 17(3A);
(b)for specific performance of a statutory duty under section 45 of the Court of Session Act 1988; or
(c)for any other appropriate remedy or relief.
(6) No civil proceedings may be commenced under this regulation before the end of a period of 28 days beginning with the day on which the last relevant enforcement notice was served on the OES or, as the case may be, RDSP.
(7) In this regulation, a reference to civil proceedings is a reference to proceedings, other than proceedings in respect of an offence, before a civil court in the United Kingdom.]
Textual Amendments
F1Regs. 19A-A20 inserted (31.12.2020) by The Network and Information Systems (Amendment and Transitional Provision etc.) Regulations 2020 (S.I. 2020/1245), regs. 1(1), 16 (with reg. 21)
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