JiscMail Logo
Email discussion lists for the UK Education and Research communities

Help for CYBER-SOCIETY-LIVE Archives


CYBER-SOCIETY-LIVE Archives

CYBER-SOCIETY-LIVE Archives


CYBER-SOCIETY-LIVE@JISCMAIL.AC.UK


View:

Message:

[

First

|

Previous

|

Next

|

Last

]

By Topic:

[

First

|

Previous

|

Next

|

Last

]

By Author:

[

First

|

Previous

|

Next

|

Last

]

Font:

Proportional Font

LISTSERV Archives

LISTSERV Archives

CYBER-SOCIETY-LIVE Home

CYBER-SOCIETY-LIVE Home

CYBER-SOCIETY-LIVE  2000

CYBER-SOCIETY-LIVE 2000

Options

Subscribe or Unsubscribe

Subscribe or Unsubscribe

Log In

Log In

Get Password

Get Password

Subject:

[CSL]: UK Electronic Communications Act, 2000

From:

John Armitage <[log in to unmask]>

Reply-To:

[log in to unmask]

Date:

Mon, 19 Jun 2000 09:07:04 +0100

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (1327 lines)

Full text at:

http://www.uk-legislation.hmso.gov.uk/acts/acts2000/20000007.htm

Electronic Communications Act
2000

2000 Chapter c.7


© Crown Copyright 2000

All Crown copyrights are reserved. The text is reproducible in all media and
formats and without restriction provided that the text is reproduced
accurately; is
not used in a misleading manner; and is accompanied by the following
acknowledgment:

Crown copyright 2000 with the permission of the Controller of Her
Majesty's Stationery Office

It should be noted that the right to reproduce the text of Acts of
Parliament does
not extend to the Royal Arms and the Queen's Printer imprints.

The text of this internet version of the Act has been prepared to reflect
the text
as it received Royal Assent. The authoritative version is the Queen's
Printer
copy published by The Stationery Office Limited as the Electronic
Communications Act 2000, ISBN 0 10 540700 3, £x.xx sterling. For details of
how to obtain an official copy see How to obtain The Stationery Office
Limited
titles.



Electronic Communications Act 2000

2000 Chapter c.7




ARRANGEMENT OF SECTIONS
PART I
CRYPTOGRAPHY SERVICE PROVIDERS
Section

1.
Register of approved providers.
2.
Arrangements for the grant of approvals.
3.
Delegation of approval functions.
4.
Restrictions on disclosure of information.
5.
Regulations under Part I.
6.
Provision of cryptography support services.
PART II
FACILITATION OF ELECTRONIC COMMERCE, DATA STORAGE, ETC.
7.
ELECTRONIC SIGNATURES AND RELATED CERTIFICATES.
8.
POWER TO MODIFY LEGISLATION.
9.
SECTION 8 ORDERS.
10.
MODIFICATIONS IN RELATION TO WELSH MATTERS.
PART III
MISCELLANEOUS AND SUPPLEMENTAL
Telecommunications licences
11.
Modification of licences by the Director.
12.
Appeals against modifications of licence conditions.
Supplemental
13.
Ministerial expenditure etc.
14.
Prohibition on key escrow requirements.
15.
General interpretation.
16.
Short title, commencement, extent.

An Act to make provision to facilitate the use of electronic communications
and
electronic data storage; to make provision about the modification of
licences
granted under section 7 of the Telecommunications Act 1984; and for
connected
purposes.

[25th May 2000]

BE IT ENACTED by the Queen's most Excellent Majesty, by and with the
advice and consent of the Lords Spiritual and Temporal, and Commons, in this
present Parliament assembled, and by the authority of the same, as follows:-

PART I

CRYPTOGRAPHY SERVICE PROVIDERS
Register of approved providers.
1. - (1) It shall be the duty of the Secretary of State to establish and
maintain
a register of approved providers of cryptography support services.


(2) The Secretary of State shall secure that the register contains
particulars of
every person who is for the time being approved under any arrangements in
force under section 2.


(3) The particulars that must be recorded in every entry in the register
relating
to an approved person are-


(a) the name and address of that person;

(b) the services in respect of which that person is approved; and

(c) the conditions of the approval.

(4) It shall be the duty of the Secretary of State to ensure that such
arrangements are in force as he considers appropriate for-


(a) allowing members of the public to inspect the contents of the register;
and

(b) securing that such publicity is given to any withdrawal or modification
of an approval as will bring it to the attention of persons likely to be
interested in it.
Arrangements for the grant of approvals.
2. - (1) It shall be the duty of the Secretary of State to secure that there
are
arrangements in force for granting approvals to persons who-


(a) are providing cryptography support services in the United Kingdom or
are proposing to do so; and

(b) seek approval in respect of any such services that they are providing,
or are proposing to provide, whether in the United Kingdom or elsewhere.

(2) The arrangements must-


(a) allow for an approval to be granted either in respect of all the
services
in respect of which it is sought or in respect of only some of them;

(b) ensure that an approval is granted to a person in respect of any
services only if the condition for the grant of an approval to that person
is
fulfilled in accordance with subsection (3);

(c) provide for an approval granted to any person to have effect subject to
such conditions (whether or not connected with the provision of the
services in respect of which the approval is granted) as may be contained
in the approval;

(d) enable a person to whom the Secretary of State is proposing to grant
an approval to refuse it if the proposal is in different terms from the
approval which was sought;

(e) make provision for the handling of complaints and disputes which-

(i) are required by the conditions of an approved person's approval
to be dealt with in accordance with a procedure maintained by him
in pursuance of those conditions; but

(ii) are not disposed of by the application of that procedure;

(f) provide for the modification and withdrawal of approvals.

(3) The condition that must be fulfilled before an approval is granted to
any
person is that the Secretary of State is satisfied that that person-


(a) will comply, in providing the services in respect of which he is
approved, with such technical and other requirements as may be
prescribed;

(b) is a person in relation to whom such other requirements as may be
prescribed are, and will continue to be, satisfied;

(c) is, and will continue to be, able and willing to comply with any
requirements that the Secretary of State is proposing to impose by means
of conditions of the approval; and

(d) is otherwise a fit and proper person to be approved in respect of those
services.

(4) Regulations made by virtue of paragraph (a) or (b) of subsection (3) may
frame a requirement for the purposes of that subsection by reference to the
opinion of a person specified in the regulations, or of a person chosen in a
manner determined in accordance with the regulations.


(5) The requirements which (subject to subsection (6)) may be imposed by
conditions contained in an approval in accordance with the arrangements
include-


(a) requirements to provide information to such persons, in such form, at
such times and in response to such requests as may be specified in or
determined under the terms of the condition;

(b) requirements that impose obligations that will continue or recur
notwithstanding the withdrawal (in whole or in part) of the approval;

(c) requirements framed by reference to the opinion or directions of a
person specified in or chosen in accordance with provision contained in
the conditions.

(6) Nothing in the arrangements shall authorise the imposition, by
conditions
contained in an approval, of any requirements for-


(a) the provision of information, or

(b) the maintenance of a procedure for handling complaints or disputes,

in relation to any matter other than one appearing to the Secretary of State
to be
relevant to the matters mentioned in subsection (3)(a) to (d).


(7) Any requirement to provide information that is imposed in accordance
with
the arrangements on any person by the conditions of his approval shall be
enforceable at the suit or instance of the Secretary of State.


(8) Where any arrangements under this section so provide, a person who-


(a) seeks an approval under the arrangements,

(b) applies for a modification of such an approval,

(c) is for the time being approved under the arrangements, or

(d) has his approval under the arrangements modified wholly or partly in
consequence of an application made by him,

shall pay to the Secretary of State, at such time or times as may be
prescribed,
such fee or fees as may be prescribed in relation to that time or those
times.


(9) Sums received by the Secretary of State by virtue of subsection (8)
shall
be paid into the Consolidated Fund.


(10) For the purposes of subsection (1) cryptography support services are
provided in the United Kingdom if-


(a) they are provided from premises in the United Kingdom;

(b) they are provided to a person who is in the United Kingdom when he
makes use of the services; or

(c) they are provided to a person who makes use of the services for the
purposes of a business carried on in the United Kingdom or from
premises in the United Kingdom.
Delegation of approval functions.
3. - (1) The Secretary of State may appoint any person to carry out, in his
place, such of his functions under the preceding provisions of this Part
(other
than any power of his to make regulations) as may be specified in the
appointment.


(2) An appointment under this section-


(a) shall have effect only to such extent, and subject to such conditions,
as
may be set out in the appointment; and

(b) may be revoked or varied at any time by a notice given by the
Secretary of State to the appointed person.

(3) A person appointed under this section shall, in the carrying out of the
functions specified in his appointment, comply with all such general
directions as
may be given to him from time to time by the Secretary of State.


(4) Subject to any order under subsection (5) and to any directions given by
the Secretary of State, where a body established by or under any enactment
or
the holder of any office created by or under any enactment is appointed to
carry
out any functions of the Secretary of State under this Part-


(a) the enactments relating to the functions of that body or office shall
have effect as if the functions of that body or office included the
functions
specified in the appointment; and

(b) the body or office-holder shall be taken to have power to do anything
which is calculated to facilitate, or is incidental or conducive to, the
carrying out of the functions so specified.

(5) The Secretary of State may, by order made by statutory instrument,
provide for enactments relating to any such body or office as is mentioned
in
subsection (4) to have effect, so far as appears to him appropriate for
purposes
connected with the carrying out of functions that have been or may be
conferred
on the body or office-holder under this section, with such modifications as
may
be provided for in the order.


(6) An order shall not be made under subsection (5) unless a draft of it has
first been laid before Parliament and approved by a resolution of each
House.


(7) It shall be the duty of the Secretary of State to secure-


(a) that any appointment made under this section is published in such
manner as he considers best calculated to bring it to the attention of
persons likely to be interested in it;

(b) that any variation or revocation of such an appointment is also so
published; and

(c) that the time fixed for any notice varying or revoking such an
appointment to take effect allows a reasonable period after the giving of
the notice for the making of any necessary incidental or transitional
arrangements.

(8) Nothing in this section, or in anything done under this section, shall
prejudice-


(a) any power of the Secretary of State, apart from this Act, to exercise
functions through a Minister or official in his department;

(b) any power of any person by virtue of subsection (4), or by virtue of an
order under subsection (5), to act on behalf of a body or office-holder in
connection with the carrying out of any function;

(c) any provision by virtue of section 2(4) or (5)(c) that imposes a
requirement by reference to the opinion of any person or determines the
manner of choosing a person whose opinion is to be referred to.
Restrictions on disclosure of information.
4. - (1) Subject to the following provisions of this section, no information
which-


(a) has been obtained under or by virtue of the provisions of this Part, and

(b) relates to the private affairs of any individual or to any particular
business,

shall, during the lifetime of that individual or so long as that business
continues to
be carried on, be disclosed without the consent of that individual or the
person
for the time being carrying on that business.


(2) Subsection (1) does not apply to any disclosure of information which is
made-


(a) for the purpose of facilitating the carrying out of any functions under
this Part, or any prescribed functions, of the Secretary of State or a
person appointed under section 3;

(b) for the purpose of facilitating the carrying out of any functions of a
local weights and measures authority in Great Britain;

(c) for the purpose of facilitating the carrying out of prescribed public
functions of any person;

(d) in connection with the investigation of any criminal offence or for the
purposes of any criminal proceedings;

(e) for the purposes of any civil proceedings which-

(i) relate to the provision of cryptography support services; and

(ii) are proceedings to which a person approved in accordance with
arrangements under section 2 is a party; or

(f) in pursuance of a Community obligation.

(3) In subsection (2)(a) the reference to functions under this Part does not
include a reference to any power of the Secretary of State to make
regulations.


(4) In subsection (2)(c) "public functions" includes any function conferred
by
or in accordance with any provision contained in or made under any enactment
or Community legislation.


(5) If information is disclosed to the public in circumstances in which the
disclosure does not contravene this section, this section shall not prevent
its
further disclosure by any person.


(6) Any person who discloses any information in contravention of this
section
shall be guilty of an offence and liable-


(a) on summary conviction, to a fine not exceeding the statutory
maximum;

(b) on conviction on indictment, to imprisonment for a term not exceeding
two years or a fine, or to both.
Regulations under Part I.
5. - (1) In this Part "prescribed" means prescribed by regulations made by
the
Secretary of State, or determined in such manner as may be provided for in
any
such regulations.


(2) The powers of the Secretary of State to make regulations under this Part
shall be exercisable by statutory instrument, which (except in the case of
the
initial regulations) shall be subject to annulment in pursuance of a
resolution of
either House of Parliament.


(3) The initial regulations shall not be made unless a draft of them has
been
laid before Parliament and approved by a resolution of each House.


(4) In this section "the initial regulations" means the regulations made on
the
first occasion on which the Secretary of State exercises his powers to make
regulations under this Part.


(5) Before making any regulations by virtue of section 2(3)(a) or (b) the
Secretary of State shall consult-


(a) such persons appearing to him to be likely to be affected by those
regulations, and

(b) such persons appearing to him to be representative of persons likely to
be so affected,

as he thinks fit.


(6) Regulations made by the Secretary of State under any provision of this
Part-


(a) may make different provision for different cases; and

(b) may contain such incidental, supplemental, consequential and
transitional provision as the Secretary of State thinks fit.
Provision of cryptography support
services.
6. - (1) In this Part "cryptography support service" means any service which
is provided to the senders or recipients of electronic communications, or to
those
storing electronic data, and is designed to facilitate the use of
cryptographic
techniques for the purpose of-


(a) securing that such communications or data can be accessed, or can be
put into an intelligible form, only by certain persons; or

(b) securing that the authenticity or integrity of such communications or
data is capable of being ascertained.

(2) References in this Part to the provision of a cryptography support
service
do not include references to the supply of, or of any right to use, computer
software or computer hardware except where the supply is integral to the
provision of cryptography support services not consisting in such a supply.


PART II

FACILITATION OF ELECTRONIC COMMERCE, DATA STORAGE, ETC.
Electronic signatures and related
certificates.
7. - (1) In any legal proceedings-


(a) an electronic signature incorporated into or logically associated with a
particular electronic communication or particular electronic data, and

(b) the certification by any person of such a signature,

shall each be admissible in evidence in relation to any question as to the
authenticity of the communication or data or as to the integrity of the
communication or data.


(2) For the purposes of this section an electronic signature is so much of
anything in electronic form as-


(a) is incorporated into or otherwise logically associated with any
electronic communication or electronic data; and

(b) purports to be so incorporated or associated for the purpose of being
used in establishing the authenticity of the communication or data, the
integrity of the communication or data, or both.

(3) For the purposes of this section an electronic signature incorporated
into or
associated with a particular electronic communication or particular
electronic
data is certified by any person if that person (whether before or after the
making
of the communication) has made a statement confirming that-


(a) the signature,

(b) a means of producing, communicating or verifying the signature, or

(c) a procedure applied to the signature,

is (either alone or in combination with other factors) a valid means of
establishing
the authenticity of the communication or data, the integrity of the
communication
or data, or both.

Power to modify legislation.
8. - (1) Subject to subsection (3), the appropriate Minister may by order
made
by statutory instrument modify the provisions of-


(a) any enactment or subordinate legislation, or

(b) any scheme, licence, authorisation or approval issued, granted or given
by or under any enactment or subordinate legislation,

in such manner as he may think fit for the purpose of authorising or
facilitating
the use of electronic communications or electronic storage (instead of other
forms of communication or storage) for any purpose mentioned in subsection
(2).


(2) Those purposes are-


(a) the doing of anything which under any such provisions is required to
be or may be done or evidenced in writing or otherwise using a document,
notice or instrument;

(b) the doing of anything which under any such provisions is required to
be or may be done by post or other specified means of delivery;

(c) the doing of anything which under any such provisions is required to
be or may be authorised by a person's signature or seal, or is required to
be delivered as a deed or witnessed;

(d) the making of any statement or declaration which under any such
provisions is required to be made under oath or to be contained in a
statutory declaration;

(e) the keeping, maintenance or preservation, for the purposes or in
pursuance of any such provisions, of any account, record, notice,
instrument or other document;

(f) the provision, production or publication under any such provisions of
any information or other matter;

(g) the making of any payment that is required to be or may be made
under any such provisions.

(3) The appropriate Minister shall not make an order under this section
authorising the use of electronic communications or electronic storage for
any
purpose, unless he considers that the authorisation is such that the extent
(if any)
to which records of things done for that purpose will be available will be
no less
satisfactory in cases where use is made of electronic communications or
electronic storage than in other cases.


(4) Without prejudice to the generality of subsection (1), the power to make
an order under this section shall include power to make an order containing
any
of the following provisions-


(a) provision as to the electronic form to be taken by any electronic
communications or electronic storage the use of which is authorised by an
order under this section;

(b) provision imposing conditions subject to which the use of electronic
communications or electronic storage is so authorised;

(c) provision, in relation to cases in which any such conditions are not
satisfied, for treating anything for the purposes of which the use of such
communications or storage is so authorised as not having been done;

(d) provision, in connection with anything so authorised, for a person to be
able to refuse to accept receipt of something in electronic form except in
such circumstances as may be specified in or determined under the order;

(e) provision, in connection with any use of electronic communications so
authorised, for intermediaries to be used, or to be capable of being used,
for the transmission of any data or for establishing the authenticity or
integrity of any data;

(f) provision, in connection with any use of electronic storage so
authorised, for persons satisfying such conditions as may be specified in
or determined under the regulations to carry out functions in relation to
the
storage;

(g) provision, in relation to cases in which the use of electronic
communications or electronic storage is so authorised, for the
determination of any of the matters mentioned in subsection (5), or as to
the manner in which they may be proved in legal proceedings;

(h) provision, in relation to cases in which fees or charges are or may be
imposed in connection with anything for the purposes of which the use of
electronic communications or electronic storage is so authorised, for
different fees or charges to apply where use is made of such
communications or storage;

(i) provision, in relation to any criminal or other liabilities that may
arise (in
respect of the making of false or misleading statements or otherwise) in
connection with anything for the purposes of which the use of electronic
communications or electronic storage is so authorised, for corresponding
liabilities to arise in corresponding circumstances where use is made of
such communications or storage;

(j) provision requiring persons to prepare and keep records in connection
with any use of electronic communications or electronic storage which is
so authorised;

(k) provision requiring the production of the contents of any records kept
in accordance with an order under this section;

(l) provision for a requirement imposed by virtue of paragraph (j) or (k) to
be enforceable at the suit or instance of such person as may be specified
in or determined in accordance with the order;

(m) any such provision, in relation to electronic communications or
electronic storage the use of which is authorised otherwise than by an
order under this section, as corresponds to any provision falling within any
of the preceding paragraphs that may be made where it is such an order
that authorises the use of the communications or storage.

(5) The matters referred to in subsection (4)(g) are-


(a) whether a thing has been done using an electronic communication or
electronic storage;

(b) the time at which, or date on which, a thing done using any such
communication or storage was done;

(c) the place where a thing done using such communication or storage
was done;

(d) the person by whom such a thing was done; and

(e) the contents, authenticity or integrity of any electronic data.

(6) An order under this section-


(a) shall not (subject to paragraph (b)) require the use of electronic
communications or electronic storage for any purpose; but

(b) may make provision that a period of notice specified in the order must
expire before effect is given to a variation or withdrawal of an election or
other decision which-

(i) has been made for the purposes of such an order; and

(ii) is an election or decision to make use of electronic
communications or electronic storage.

(7) The matters in relation to which provision may be made by an order under
this section do not include any matter under the care and management of the
Commissioners of Inland Revenue or any matter under the care and
management of the Commissioners of Customs and Excise.


(8) In this section references to doing anything under the provisions of any
enactment include references to doing it under the provisions of any
subordinate
legislation the power to make which is conferred by that enactment.

Section 8 orders.
9. - (1) In this Part "the appropriate Minister" means (subject to
subsections
(2) and (7) and section 10(1))-


(a) in relation to any matter with which a department of the Secretary of
State is concerned, the Secretary of State;

(b) in relation to any matter with which the Treasury is concerned, the
Treasury; and

(c) in relation to any matter with which any Government department other
than a department of the Secretary of State or the Treasury is concerned,
the Minister in charge of the other department.

(2) Where in the case of any matter-


(a) that matter falls within more than one paragraph of subsection (1),

(b) there is more than one such department as is mentioned in paragraph
(c) of that subsection that is concerned with that matter, or

(c) both paragraphs (a) and (b) of this subsection apply,

references, in relation to that matter, to the appropriate Minister are
references
to any one or more of the appropriate Ministers acting (in the case of more
than
one) jointly.


(3) Subject to subsection (4) and section 10(6), a statutory instrument
containing an order under section 8 shall be subject to annulment in
pursuance of
a resolution of either House of Parliament.


(4) Subsection (3) does not apply in the case of an order a draft of which
has
been laid before Parliament and approved by a resolution of each House.


(5) An order under section 8 may-


(a) provide for any conditions or requirements imposed by such an order
to be framed by reference to the directions of such persons as may be
specified in or determined in accordance with the order;

(b) provide that any such condition or requirement is to be satisfied only
where a person so specified or determined is satisfied as to specified
matters.

(6) The provision made by such an order may include-


(a) different provision for different cases;

(b) such exceptions and exclusions as the person making the order may
think fit; and

(c) any such incidental, supplemental, consequential and transitional
provision as he may think fit;

and the provision that may be made by virtue of paragraph (c) includes
provision
modifying any enactment or subordinate legislation or any scheme, licence,
authorisation or approval issued, granted or given by or under any enactment
or
subordinate legislation.


(7) In the case of any matter which is not one of the reserved matters
within
the meaning of the Scotland Act 1998 or in respect of which functions are,
by
virtue of section 63 of that Act, exercisable by the Scottish Ministers
instead of
by or concurrently with a Minister of the Crown, this section and section 8
shall
apply to Scotland subject to the following modifications-


(a) subsections (1) and (2) of this section are omitted;

(b) any reference to the appropriate Minister is to be read as a reference
to the Secretary of State;

(c) any power of the Secretary of State, by virtue of paragraph (b), to
make an order under section 8 may also be exercised by the Scottish
Ministers with the consent of the Secretary of State; and

(d) where the Scottish Ministers make an order under section 8-

(i) any reference to the Secretary of State (other than a reference
in this subsection) shall be construed as a reference to the Scottish
Ministers; and

(ii) any reference to Parliament or to a House of Parliament shall
be construed as a reference to the Scottish Parliament.
Modifications in relation to Welsh matters.
10. - (1) For the purposes of the exercise of the powers conferred by
section
8 in relation to any matter the functions in respect of which are
exercisable by
the National Assembly for Wales, the appropriate Minister is the Secretary
of
State.


(2) Subject to the following provisions of this section, the powers
conferred by
section 8, so far as they fall within subsection (3), shall be exercisable
by the
National Assembly for Wales, as well as by the appropriate Minister.


(3) The powers conferred by section 8 fall within this subsection to the
extent
that they are exercisable in relation to-


(a) the provisions of any subordinate legislation made by the National
Assembly for Wales;

(b) so much of any other subordinate legislation as makes provision the
power to make which is exercisable by that Assembly;

(c) any power under any enactment to make provision the power to make
which is so exercisable;

(d) the giving, sending or production of any notice, account, record or
other document or of any information to or by a body mentioned in
subsection (4); or

(e) the publication of anything by a body mentioned in subsection (4).

(4) Those bodies are-


(a) the National Assembly for Wales;

(b) any body specified in Schedule 4 to the Government of Wales Act
1998 (Welsh public bodies subject to reform by that Assembly);

(c) any other such body as may be specified for the purposes of this
section by an order made by the Secretary of State with the consent of
that Assembly.

(5) The National Assembly for Wales shall not make an order under section 8
except with the consent of the Secretary of State.


(6) Section 9(3) shall not apply to any order made under section 8 by the
National Assembly for Wales.


(7) Nothing in this section shall confer any power on the National Assembly
for Wales to modify any provision of the Government of Wales Act 1998.


(8) The power of the Secretary of State to make an order under subsection
(4)(c)-


(a) shall include power to make any such incidental, supplemental,
consequential and transitional provision as he may think fit; and

(b) shall be exercisable by statutory instrument subject to annulment in
pursuance of a resolution of either House of Parliament.

PART III

MISCELLANEOUS AND SUPPLEMENTAL


Telecommunications licences
Modification of licences by the Director.
11. - (1) In subsection (3) of section 12 of the Telecommunications Act 1984
(which requires notice of a proposed modification of the conditions of a
licence
under section 7 of that Act to be served on the licensee), for "that person"
there
shall be substituted "every relevant licensee".


(2) For subsection (4) of that section (circumstances in which a proposal by
the Director General of Telecommunications for the modification of the
conditions of a licence is made by agreement) there shall be substituted the
following subsections-



"(4A) In the case of a licence granted to all persons, or to all
persons of a particular class, the Director shall not make any
modification unless-


(a) he has considered every representation made to him about
the modification; and

(b) there has not been any objection by a person running a
telecommunication system under the authority of the licence to
the making of the modification.

(4B) In the case of a licence granted to a particular person, the
Director shall not make any modification unless-


(a) he has considered every representation made to him about
the modification or any modification in the same or similar terms
that he is at the same time proposing to make in the case of
other licences; and

(b) the requirements of section 12A below are satisfied in the
case of the modification and also in the case of every such
modification in the same or similar terms."


(3) After subsection (6) of that section there shall be inserted the
following
subsections-



"(6A) Where the Director makes a modification under this section,
he shall, as soon as reasonably practicable after making the
modification, give notice of his reasons for doing so.


(6B) Subsection (3) above shall apply in the case of a notice under
subsection (6A) above as it applies in the case of a notice under
subsection (2) above.


(6C) Where the Director has given notice under subsection (2)
above of a proposal to modify the conditions of a licence, he may in
such manner and at such time as he considers appropriate publish-


(a) the identities of any or all of the persons who objected to the
making of the modification; and

(b) to the extent that confidentiality for representations or
objections in relation to the proposal for the modification has not
been claimed by the persons making them, such other particulars
of the representations or objections as he thinks fit.

(6D) In this section and section 12A below (except in subsection
(6C) above), a reference to a representation or objection, in relation to
a modification, is a reference only to a representation or objection
which-


(a) was duly made to the Director within a time limit specified in
the case of that modification under subsection (2)(c) above or
section 12A(5)(d) below; and

(b) has not subsequently been withdrawn;

and for the purposes of this section and section 12A below
representations against a modification shall be taken to constitute an
objection only if they are accompanied by a written statement that they
are to be so taken.


(6E) In this section and section 12A below "relevant licensee", in
relation to a modification, means-


(a) in a case where the same or a similar modification is being
proposed at the same time in relation to different licences
granted to different persons, each of the persons who, at the
time when notice of the proposals is given, is authorised by one
or more of those licences to run a telecommunication system;
and

(b) in any other case, the person authorised by the licence in
question to run such a system.

(6F) In this section references to a modification of the conditions of
a licence do not include references to any modification to which effect
is given by the exercise of a power under the terms of any licence to
revoke it and by the grant of a new licence."



(4) After that section there shall be inserted the following section-


"Agreement required for the
purposes of section 12.
12A. - (1) The requirements of this section are
satisfied in the case of a modification if any of
subsections (2) to (4) below applies.


(2) This subsection applies if-


(a) it appears to the Director that the
relevant licensee or, as the case may be,
each of the relevant licensees has been
given a reminder, at least seven days
before the making of the modification, of
the Director's powers in the absence of
objections; and

(b) there has not been an objection by a
relevant licensee to the making of the
modification.

(3) This subsection applies if-


(a) the modification is one which in the
opinion of the Director is deregulatory; and

(b) the notice given under section 12(2)
above in the case of the proposal for the
modification contained a statement of that
opinion and of the Director's reasons for it.

(4) This subsection applies if-


(a) the modification is in the same or similar
terms as modifications that the Director has
already proposed but not yet made in the
case of other licences;

(b) the licence in question is one issued
since the making of the proposal for the
modification of the conditions of the other
licences;

(c) subsection (2) or (3) above applies in
the case of the modifications of the
conditions of the other licences;

(d) it appears to the Director that the
person holding the licence in question has
been given a reasonable opportunity of
stating whether he objects to the
modification; and

(e) that person has not objected.

(5) A reminder for the purposes of subsection
(2)(a) above-


(a) must be contained in a notice given by
the Director and, in the case of a relevant
licensee which is a company with a
registered office in the United Kingdom,
must have been given to that company by
being sent to that office;

(b) must remind the licensee of the contents
of the notice which was copied to the
licensee under section 12(3) above in the
case of the modification in question;

(c) must state that the Director will be able
to make the modification if no relevant
licensee objects; and

(d) must specify a time (not being less than
seven days from the date of the giving of
the notice) at the end of which the final
opportunity for the making of
representations and objections will expire.

(6) Nothing in subsection (2) above shall require
a reminder to be sent to a person who has
consented to the making of the modification in
question.


(7) For the purposes of this section a
modification is deregulatory if-


(a) the effect of the conditions to be
modified is to impose a burden affecting the
holder of the licence in which those
conditions are included;

(b) the modification would remove or
reduce the burden without removing any
necessary protection;

(c) the modification is such that no person
holding a licence granted under section 7
above to a particular person would be
unduly disadvantaged by the modification in
competing with the holder of the licence in
which those conditions are included."


(5) In section 12 of that Act-


(a) in subsection (2), the words after paragraph (c) (duty to consider
representations and objections) shall be omitted; and

(b) in subsection (7) (references to modification not to include
modifications relating to the telecommunications code), for "sections 13 to
15" there shall be substituted "sections 12A to 15".
Appeals against modifications of licence
conditions.
12. In subsection (1) of section 46B of the Telecommunications Act 1984
(appeals against decisions of the Secretary of State or the Director), after
paragraph (d) there shall be inserted-



"(da) a decision with regard to the modification under section 12
of a condition of a licence granted under section 7 above to a
particular person;".



Supplemental
Ministerial expenditure etc.
13. There shall be paid out of money provided by Parliament-


(a) any expenditure incurred by the Secretary of State for or in
connection with the carrying out of his functions under this Act; and

(b) any increase attributable to this Act in the sums which are payable out
of money so provided under any other Act.
Prohibition on key escrow requirements.
14. - (1) Subject to subsection (2), nothing in this Act shall confer any
power
on any Minister of the Crown, on the Scottish Ministers, on the National
Assembly for Wales or on any person appointed under section 3-


(a) by conditions of an approval under Part I, or

(b) by any regulations or order under this Act,

to impose a requirement on any person to deposit a key for electronic data
with
another person.


(2) Subsection (1) shall not prohibit the imposition by an order under
section 8
of-


(a) a requirement to deposit a key for electronic data with the intended
recipient of electronic communications comprising the data; or

(b) a requirement for arrangements to be made, in cases where a key for
data is not deposited with another person, which otherwise secure that the
loss of a key, or its becoming unusable, does not have the effect that the
information contained in a record kept in pursuance of any provision made
by or under any enactment or subordinate legislation becomes
inaccessible or incapable of being put into an intelligible form.

(3) In this section "key", in relation to electronic data, means any code,
password, algorithm, key or other data the use of which (with or without
other
keys)-


(a) allows access to the electronic data, or

(b) facilitates the putting of the electronic data into an intelligible
form;

and references in this section to depositing a key for electronic data with
a
person include references to doing anything that has the effect of making
the key
available to that person.

General interpretation.
15. - (1) In this Act, except in so far as the context otherwise requires-


"document" includes a map, plan, design, drawing, picture or other image;

"communication" includes a communication comprising sounds or images
or both and a communication effecting a payment;

"electronic communication" means a communication transmitted (whether
from one person to another, from one device to another or from a person
to a device or vice versa)-

(a) by means of a telecommunication system (within the meaning
of the Telecommunications Act 1984); or

(b) by other means but while in an electronic form;

"enactment" includes-

(a) an enactment passed after the passing of this Act,

(b) an enactment comprised in an Act of the Scottish Parliament,
and

(c) an enactment contained in Northern Ireland legislation,

but does not include an enactment contained in Part I or II of this Act;

"modification" includes any alteration, addition or omission, and cognate
expressions shall be construed accordingly;

"record" includes an electronic record; and

"subordinate legislation" means-

(a) any subordinate legislation (within the meaning of the
Interpretation Act 1978);

(b) any instrument made under an Act of the Scottish Parliament;
or

(c) any statutory rules (within the meaning of the Statutory Rules
(Northern Ireland) Order 1979).

(2) In this Act-


(a) references to the authenticity of any communication or data are
references to any one or more of the following-

(i) whether the communication or data comes from a particular
person or other source;

(ii) whether it is accurately timed and dated;

(iii) whether it is intended to have legal effect;

and

(b) references to the integrity of any communication or data are
references to whether there has been any tampering with or other
modification of the communication or data.

(3) References in this Act to something's being put into an intelligible
form
include references to its being restored to the condition in which it was
before
any encryption or similar process was applied to it.

Short title, commencement, extent.
16. - (1) This Act may be cited as the Electronic Communications Act 2000.


(2) Part I of this Act and sections 7, 11 and 12 shall come into force on
such
day as the Secretary of State may by order made by statutory instrument
appoint; and different days may be appointed under this subsection for
different
purposes.


(3) An order shall not be made for bringing any of Part I of this Act into
force
for any purpose unless a draft of the order has been laid before Parliament
and
approved by a resolution of each House.


(4) If no order for bringing Part I of this Act into force has been made
under
subsection (2) by the end of the period of five years beginning with the day
on
which this Act is passed, that Part shall, by virtue of this subsection, be
repealed
at the end of that period.


(5) This Act extends to Northern Ireland.






Other UK Acts |  Home |  Scotland Legislation |  Wales Legislation |
Northern
Ireland Legislation |  Her Majesty's Stationery Office


We welcome your comments on this site
© Crown copyright 2000
Prepared 12 June 2000






%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%

Top of Message | Previous Page | Permalink

JiscMail Tools


RSS Feeds and Sharing


Advanced Options


Archives

March 2024
February 2024
January 2024
December 2023
November 2023
October 2023
September 2023
August 2023
July 2023
June 2023
May 2023
April 2023
March 2023
February 2023
January 2023
December 2022
November 2022
October 2022
September 2022
August 2022
June 2022
May 2022
March 2022
February 2022
October 2021
July 2021
June 2021
April 2021
March 2021
February 2021
January 2021
December 2020
November 2020
October 2020
September 2020
July 2020
June 2020
May 2020
April 2020
February 2020
January 2020
December 2019
November 2019
October 2019
September 2019
August 2019
July 2019
June 2019
May 2019
March 2019
February 2019
January 2019
December 2018
November 2018
October 2018
September 2018
August 2018
July 2018
June 2018
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
January 2017
December 2016
November 2016
October 2016
September 2016
August 2016
June 2016
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
October 2014
September 2014
August 2014
June 2014
May 2014
April 2014
March 2014
February 2014
January 2014
December 2013
November 2013
October 2013
September 2013
August 2013
July 2013
June 2013
May 2013
April 2013
March 2013
February 2013
January 2013
December 2012
November 2012
October 2012
September 2012
August 2012
July 2012
June 2012
May 2012
April 2012
March 2012
February 2012
January 2012
December 2011
November 2011
October 2011
September 2011
July 2011
June 2011
May 2011
April 2011
March 2011
February 2011
January 2011
December 2010
November 2010
October 2010
September 2010
August 2010
July 2010
June 2010
May 2010
April 2010
March 2010
February 2010
January 2010
December 2009
November 2009
October 2009
September 2009
July 2009
June 2009
May 2009
April 2009
March 2009
February 2009
January 2009
December 2008
November 2008
October 2008
September 2008
June 2008
May 2008
April 2008
March 2008
February 2008
January 2008
December 2007
November 2007
October 2007
September 2007
June 2007
May 2007
April 2007
March 2007
February 2007
January 2007
2006
2005
2004
2003
2002
2001
2000


JiscMail is a Jisc service.

View our service policies at https://www.jiscmail.ac.uk/policyandsecurity/ and Jisc's privacy policy at https://www.jisc.ac.uk/website/privacy-notice

For help and support help@jisc.ac.uk

Secured by F-Secure Anti-Virus CataList Email List Search Powered by the LISTSERV Email List Manager