Bill 199 58/2Product Security and Telecommunications 
Infrastructure Bill
EXPLANATORY NOTES
Explanatory notes to the Bill, prepared by  the Department for Digital, Culture, 
Media and Sport, are publishe d separately as Bill 199-EN.
EUROPEAN CONVENTION ON HUMAN RIGHTS
Secretary Nadine Dorries has made th e following statement under section 
19(1)(a) of the Human Rights Act 1998:
In my view the provisions of the Pr oduct Security and Telecommunications 
Infrastructure Bill are compatib le with the Convention rights.Bill 199 58/2Product Security and Telecommunications 
Infrastructure Bill
CONTENTS
PART 1
PRODUCT  SECURITY
CHAPTER  1
SECURITY  REQUIREMENTS
Security requirements relating to products
1 Power to specify security requirements
2 Further provision about regulations under section 13 Power to deem compliance with security requirements
Products to which security requirements may relate
4 Relevant connectable products
5 Types of product that may be  relevant connectable products
6 Excepted products
Persons to whom security requirements may apply
7 Relevant persons
C
HAPTER  2
DUTIES  OF RELEVANT  PERSONS , ETC
Duties of manufacturers
8 Duty to comply with security requirements
9 Statements of compliance
10 Duty to investigate po tential compliance failures
11 Duties to take action in relation to compliance failure
12 Duty to maintain recordsProduct Security and Telecomm unications Infrastructure Bill ii
Duties of authorised representatives
13 Duties to take action in relation  to manufacturer’s  compliance failure
Duties of importers
14 Duty to comply with security requirements
15 Statements of compliance16 Duty not to supply products wher e compliance failure by manufacturer
17 Duty to investigate potential complianc e failures of importer or manufacturer
18 Duties to take action in relation  to importer’s compliance failure
19 Duties to take action in relation  to manufacturer’s  compliance failure
20 Duty to maintain records of investigations
Duties of distributors
21 Duty to comply with security requirements
22 Statements of compliance23 Duty not to supply products wher e compliance failure by manufacturer
24 Duties to take action in relation  to distributor’s compliance failures
25 Duties to take action in relation  to manufacturer’s  compliance failure
C
HAPTER  3
ENFORCEMENT
General
26 Enforcement of Part 1
27 Delegation of enforcement functions
Enforcement notices
28 Compliance notices
29 Stop notices30 Recall notices31 Power to vary or revoke enforcement notices32 Failure to comply with enforcement notice33 Appeals against enforcement notices34 Compensation for no tices wrongly given
35 Appeals against decisions under section 34
Monetary penalties
36 Monetary penalties
37 Determining the amount of a penalty38 The relevant maximum39 Penalty notices: further provision
40 Enforcement of penalty notices
41 Appeals against penalty notices
Forfeiture
42 Forfeiture
43 Further provision about forfeitureProduct Security and Telecommunications Infrastructure Bill iii
44 Appeal against decision under section 42
Other enforcement powers
45 Power to inform public about compliance failures
46 Power to publish details of enforcemen t action taken against relevant persons
47 Power to recall products
Disclosure of information
48 Disclosure of information
Miscellaneous and supplementary
49 Offence of purporting to act as auth orised to exercise enforcement function
50 Means of giving notices51 Liability of authorised representatives52 Offences by directors, partners etc
C
HAPTER  4
SUPPLEMENTARY  PROVISION
Guidance
53 Guidance
Interpretation
54 Meaning of “UK consum er connectable product”
55 Meaning of “supply”56 Meaning of other expre ssions used in Part 1
P
ART 2
TELECOMMUNICATIONS  INFRASTRUCTURE
Persons able to confer code rights
57 Meaning of “occupier” in relation  to land occupied by an operator
Rights to upgrade and share apparatus
58 Rights under the electronic commun ications code to share apparatus
59 Upgrading and sharing of apparatus: subsisting agreements60 Upgrading and sharing of apparatus installed before 29 December 2003
Renewal of business tenancies conferring code rights
61 Rent under tenancies conferring  code rights: England and Wales
62 Rent under tenancies conferring  code rights: Northern Ireland
63 Compensation relating to co de rights: England and Wales
64 Compensation relating to co de rights: Northern Ireland
65 Jurisdiction of court in relation  to tenancies in England and WalesProduct Security and Telecomm unications Infrastructure Bill iv
Unresponsive occupiers
66 Unresponsive occupiers
Interim arrangements
67 Arrangements pending determination of certain applications under code
Disputes under the electronic communications code
68 Use of alternative dispute resolution
69 Complaints relating to the conduct of operators
Time limits for proceedings
70 Power to impose time limits on th e determination of code proceedings
Rights of network providers in relation to infrastructure
71 Rights of network providers in relation to  infrastructure
Supplementary provision
72 Power to make consequential amendments
73 Meaning of “the electr onic communications code”
PART 3
FINAL  PROVISIONS
74 Power to make transitional or saving provision
75 Regulations76 Extent77 Commencement78 Short title
Schedule — Unresponsive occupier s: consequential amendmentsBill 199 58/2Product Security and Telecommunications Infrastructure Bill
Part 1 — Product security
Chapter 1 — Security requirements1
A
BILL
TO
Make provision about the security of internet-connectab le products and
products capable of connecting to su ch products; to make provision about
electronic communicatio ns infrastructure; and for connected purposes.
E IT ENACTED  by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Te mporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:— 
PART 1
PRODUCT  SECURITY
CHAPTER  1
SECURITY  REQUIREMENTS
Security requirements relating to products
1 Power to specify security requirements
(1) The Secretary of State may by regu lations specify requirements (“security
requirements”) for the purpose of prot ecting or enhancing the security of— 
(a) relevant connectable products ma de available to consumers in the
United Kingdom;
(b) users of such products.
(2) A security requiremen t is a requirement that—
(a) relates to relevant connectable products, or relevant connectable
products of a specified description, and
(b) applies to relevant persons, or  relevant persons of a specified
description.
In this subsection “specified” me ans specified in the regulations.
(3) See—
   section 4, for the meaning of “relevant connectable product”;B
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Chapter 1 — Security requirements2
   section 7, for the meaning of “relevant person”.
(4) For provision imposing duties on re levant persons to comply with security
requirements, see sections 8, 14 and 21.
(5) Section 2 contains further provisio n about regulations under this section.
2 Further provision about re gulations under section 1
(1) A security requirement may relate to  (among other things) all the relevant
connectable products of—
(a) a relevant person, or
(b) a relevant person of a particular description.
(2) For the purposes of subsection (1), the relevant connectable products of a
relevant person are—
(a) in the case of a person who is a manufacturer, any relevant connectable
products in respect of which the person is a manufacturer;
(b) in the case of a person who is an importer, any relevant connectable
products in respect of which the person is an importer;
(c) in the case of a person who is a distributor, any relevant connectable
products in respect of which the person is a distributor.
(3) A security requirement may be described by reference to (among other
things)—
(a) any software used for the purpos es of, or in conn ection with, the
operation of a relevant connectable product;
(b) any software used by a person in the course of, or in connection with,
using a relevant connectable product;
(c) any software used for the purposes  of providing a service to a person
by means of a relevant connectable product;
and for these purposes it does not matter whether the software is installed on
the product or whether the software or service is provided by a manufacturer
of the product.
(4) A security requirement may (among ot her things) require a relevant person to
do something in relation to a releva nt connectable product, including in
relation to times after a relevant conn ectable product has been made available
in the United Kingdom.
(5) Regulations under section 1 are subject to the negative resolution procedure if
the only provision they make un der that section is provision— 
(a) varying any description of— 
(i) products to which a security requirement relates, or
(ii) software by reference to which a security requirement is
described, or
(b) otherwise altering any term used in describing a security requirement
without altering the effect of the se curity requirement or the extent to
which it applies in any case.
(6) Except as provided by subsection (5),  regulations under section 1 are subject to
the affirmative reso lution procedure.5
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3 Power to deem compliance with security requirements
(1) The Secretary of State may by regulations provide that a relevant person is to
be treated as having complied with a security requirement relating to arelevant connectable product if  specified conditions are met.
(2) The conditions that may be specified under subsection (1) include, among
other things, the following— 
(a) that the product conforms to a specified standard;
(b) that the relevant pers on otherwise meets any requirements imposed by
a specified standard;
and the standards that may be specified include standards set by a person or
body outside the United Kingdom.
(3) Regulations under subsection (1) ar e subject to the negative resolution
procedure.
(4) In this section “specified” me ans specified in the regulations.
Products to which securit y requirements may relate
4 Relevant connectable products
(1) In this Part “relevant connectable product” means a product that meets
conditions A and B.
(2) Condition A is that the product is— 
(a) an internet-connectable product, or
(b) a network-connectable product.
(For the meaning of these terms, see section 5.)
(3) Condition B is that the product is not an excepted product (see section 6).
5 Types of product that may be relevant connectable products
   Internet-connectable products
(1) In this Part “internet-connectable prod uct” means a product that is capable of
connecting to the internet.
(2) The reference in su bsection (1) to connecting to the internet is a reference to
using a communication protocol that for ms part of the Intern et Protocol suite
to send and receive data over the internet.
   Network-connectable products
(3) In this Part “network-connectable product” means a product that—
(a) is capable of both sending an d receiving data by means of a
transmission involving electric al or electromagnetic energy,
(b) is not an internet-connectable product, and
(c) meets the first connectability cond ition (see subsec tion (4)) or the
second connectability condition (see subsection (5)).
(4) A product meets the first connectability condition if it is capable of connecting
directly to an internet-connectable product by means of a communicationprotocol that forms part of the Internet Protocol suite.5
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(5) A product meets the second connectability condition if—
(a) it is capable of connecting directly  to two or more products at the same
time by means of a communication pr otocol that does not form part of
the Internet Protocol suite, and
(b) it is capable of connecting directly  to an internet-c onnectable product
by means of such a communication protocol (whether or not at the
same time as it connects to any other product).
(6) In determining whether the condition in subsection (5)(a) is met in relation to
a product (“the relevant pr oduct”), any product consisting of a wire or cable
that is used merely to connect the rele vant product to another product is to be
disregarded.
(7) In a case where—
(a) two or more products are designed to be used together for the purposes
of facilitating the use of a computer,
(b) at least one of the products (the  “linking product”) is capable of
connecting directly to an internet -connectable product (whether the
computer or some other product) by means of a communicationprotocol that does not form part of  the Internet Protocol suite, and
(c) each of the products that is not a linking product (“the input products”)
is capable of connecting directly to the linking product, or (where there
is more than one linking product) to each linking product—
(i) wirelessly, and
(ii) by means of a communication pr otocol that does not form part
of the Internet Protocol suite,
each of the input products is to be trea ted for the purposes of subsection (3) as
meeting the second connectability condition.
(8) For the purposes of subsections (4) to (7), a product is not to be prevented from
being regarded as connecting directly to another product merely because theconnection involves the use of a wire or cable.
6 Excepted products
(1) In this Part “excepted product” means a product of a description specified in
regulations made by the Secretary of State.
(2) The provision that may be made by regulations under this section includes,
among other things—
(a) provision as to whether, in a case where a product (“the secondary
product”) is incorporated into or attached to, or otherwise forms part
of, another product (“the primary pr oduct”), the primary product is, or
is not, to be regarded as an excepted product;
(b) provision as to whether, in such a case, the secondary product is, or is
not, to be regarded as an excepted product.
(3) Regulations under this se ction are subject to the negative resolution procedure
if the only provision they make under this section is provision—
(a) varying any description of produc t specified in regulations under this
section, or
(b) specifying any description of produc t in relation to which requirements
relating to security that, in the opinion of the Secretary of State, areequivalent to those specified under this Part will apply.5
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(4) Except as provided by subsection (3), regulations under this section are subject
to the affirmative resolution procedure.
Persons to whom security requirements may apply
7 Relevant persons
(1) This section has effect for the purposes of  this Part.
(2) “Relevant person”, in re lation to a relevant connectable product, means any of
the following—
(a) a manufacturer of the pr oduct (see subsection (3));
(b) an importer of the pr oduct (see subsection (4));
(c) a distributor of the pr oduct (see subsection (5)).
(3) “Manufacturer” means any of the following—
(a) any person who— 
(i) manufactures a product, or has a product designed or
manufactured, and
(ii) markets that product under th at person’s name or trade mark;
(b) any person (“P”) who markets a product manufactured by another
person under P’s name or trade mark.
(4) “Importer”, in relation to a product, means any person who—
(a) imports the product from a coun try outside the United Kingdom into
the United Kingdom, and
(b) is not a manufacturer of the product.
(5) “Distributor”, in relation to a product, means any person who—
(a) makes the product availabl e in the United Kingdom, and
(b) is not a manufacturer or an importer of the product.
(6) But a person is not to be regard ed as a distributor of a product if—
(a) the person makes the product available by performing a contract for the
carrying out of works that consist of or include the installation of the
product into a building or structure, and
(b) products identical to the product are or have been made available to
consumers in the United Kingdom otherwise than by the performanceof such a contract.
C
HAPTER  2
DUTIES  OF RELEVANT  PERSONS , ETC
Duties of manufacturers
8 Duty to comply with security requirements
(1) A manufacturer of a relevant conn ectable product must comply with any
relevant security requirem ents relating to the product if condition A or B is
met.
(2) Condition A is that the manufacturer—5
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(a) intends the product to be a UK consumer connectable product, or
(b) is aware, or ought to be aware, that the product will be a UK consumer
connectable product.
(3) Condition B is that— 
(a) the product is a UK consumer connectable product, and
(b) at the time it was made available by the manufacturer, condition A was
met in relation to the product.
(4) For the meaning of “UK consumer connectable product”, see section 54.
9 Statements of compliance
(1) Subsection (2) applies if a manufacturer of a relevant connectable product—
(a) intends the product to be a UK consumer connectable product, or
(b) is aware, or ought to be aware, that the product will be a UK consumer
connectable product.
(2) The manufacturer may no t make the product availabl e in the United Kingdom
unless it is accompanied by— 
(a) a statement of compliance, or
(b) a summary of the statement of compliance that is in such form, and
contains such information, as is sp ecified in regulations made by the
Secretary of State.
(3) A “statement of compliance”, in relati on to a product, is a document that—
(a) is prepared by or on behalf of  the manufacturer of the product,
(b) is in such form, and contains such information, as is specified in
regulations made by the Secretary of State, and
(c) states that, in the opinion of th e manufacturer, the manufacturer has
complied with the applicable  security requirements.
(4) For the purposes of this section “the  applicable security requirements”, in
relation to a manufacturer of a product, means any relevant securityrequirements relating to the product, other than— 
(a) a security requirement that appl ies only after the product has been
made available in the United Kingdom, or
(b) a security requirement that appl ies only when the manufacturer is
making the product available to customers in the United Kingdom.
(5) In a case where there is more than on e manufacturer in relation to a product—
(a) it is sufficient for the purposes of  subsection (3)(a) if the document is
prepared by or on behalf of all of the manufacturers ac ting jointly, and
(b) in such a case, any reference to th e manufacturer in subsection (3)(c) is
to be read as a reference to each of those manufacturers.
(6) The Secretary of State may by regu lations make further provision about
statements of compliance, in cluding (among other things)—
(a) provision requiring a manufacturer of a product to take specified steps
to determine for the purposes of preparing a statement of compliance
whether the manufacturer has compli ed with the applicable security
requirements;
(b) provision requiring a manufacturer of  a product to retain a copy of the
statement of compliance relating to the product for a specified period;5
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(c) provision about publishing  statements of compliance;
(d) provision about making available copies of statements of compliance.
(7) The Secretary of State may by regulati ons provide that a manufacturer is to be
treated as complying with subsection (2) if specified conditions are met.
(8) In subsections (6) and (7) “specified ” means specified in the regulations.
(9) Regulations under this section are subj ect to the negative resolution procedure.
10 Duty to investigate potential compliance failures
(1) This section applies if, at any time after a relevant connectable product has
been made available in the United Kingdom— 
(a) a manufacturer of the product is informed that there is, or may be, a
compliance failure in relation to the product, and
(b) the manufacturer is aware, or ough t to be aware, that the product is or
will be a UK consumer connectable product.
(2) The manufacturer must take all reasonable steps to investigate whether there
is a compliance failure in relation to the product.
(3) In this section “complianc e failure” means a failure by a manufacturer of the
product to comply with a relevant securi ty requirement relati ng to the product.
11 Duties to take action in relation to compliance failure
(1) This section applies if, at any time after a relevant connectable product has
been made available in the United Kingdom—
(a) a manufacturer of the product becomes aware, or ought to be aware, of
a compliance failure in rela tion to the product, and
(b) the manufacturer is aware, or ough t to be aware, that the product is or
will be a UK consumer connectable product.
(2) The manufacturer must, as soon as is practicable, take all reasonable steps to— 
(a) prevent the product from being ma de available to customers in the
United Kingdom (where it has not already been so made available);
(b) remedy the compliance failure.
(3) The manufacturer must notify the pe rsons listed in subsection (4) of the
compliance failure as soon as possible.
This is subject to subsection (8).
(4) The persons referred to  in subsection (3) are—
(a) the enforcement authority;
(b) any other manufacturer of the pr oduct of which the manufacturer is
aware;
(c) any importer or distributor to whom the manufacturer supplied the
product;
(d) in a case where specified conditions are met, any customer in the
United Kingdom to whom the ma nufacturer supplied the product.
(5) In subsection (4)(d) “specified” means specified in regulations made by the
Secretary of State.
Regulations under this su bsection are subject to the negative resolution
procedure.5
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(6) The notification under subsection (3 ) must include the following information—
(a) details of the compliance failure;
(b) any risks of which the manufacturer is aware that are posed by the
compliance failure;
(c) any steps taken by the manufactur er to remedy the compliance failure
and whether or not those steps have been successful.
(7) When the manufacturer notifies a person  within subsection (4)(b) or (c) of the
compliance failure, the manufacturer must also inform the person whether ornot the manufacturer has notified the enforcement authority of the compliance
failure.
(8) Where the manufacturer became aware of the compliance failure as a result of
being contacted about it by a relevant person in accordance with this Chapter,the manufacturer does not need to notify  the relevant person  of the compliance
failure.
(9) In this section “complianc e failure” means a failure by a manufacturer of the
product to comply with a relevant securi ty requirement relati ng to the product.
12 Duty to maintain records
(1) A manufacturer of a relevant connecta ble product must maintain a record of— 
(a) any investigations carried out by the manufacturer in relation to a
compliance failure or suspected comp liance failure (whether or not as
a result of information received as mentioned in section 10(1)(a));
(b) any compliance failures relating to the product.
(2) A record of an investigation must contain the following information—
(a) the outcome of the investigation;
(b) where the manufacturer determ ined that there was a compliance
failure, details of that compliance failure;
(c) any steps taken by the manufactur er to remedy the compliance failure
and whether or not those steps were successful.
(3) A record of a compliance failure must contain the following information—
(a) details of the compliance failure;
(b) any steps taken by the manufactur er to remedy the compliance failure
and whether or not those steps were successful.
(4) A record of an investigation or a comp liance failure must be retained for a
period of 10 years beginning with th e day on which the record is made.
(5) In a case where there is more than on e manufacturer in relation to a product,
the duty of each of those manufacturers to maintain a record under this section
may be met by those manufacturers jo intly maintaining a single record.
(6) In this section “complianc e failure” means a failure by a manufacturer of the
product to comply with a relevant securi ty requirement relati ng to the product.5
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Duties of authorised representatives
13 Duties to take action in relation to manufacturer’s compliance failure
(1) This section applies if, at any time af ter a relevant connectable product is made
available in the United Kingdom— 
(a) an authorised representative of  a manufacturer of the product is
informed that there is, or may be, a co mpliance failure in relation to the
product, and
(b) the authorised representative is aw are, or ought to be aware, that the
product is or will be a UK consumer connectable product.
(2) The authorised representative must  contact the manufacturer about the
compliance failure (or potential compliance failure) as soon as possible.
(3) The authorised representative must notify the enforcement authority of the
compliance failure (or potential complianc e failure) as soon as possible after
the authorised representative has contacted (or attempted to contact) themanufacturer in accordan ce with subsection (2).
(4) In this section “complianc e failure” means a failure by a manufacturer of the
product to comply with a relevant securi ty requirement relati ng to the product.
Duties of importers
14 Duty to comply with security requirements
(1) An importer of a relevant connectabl e product must comply with any relevant
security requirements relating to th e product if condition A or B is met.
(2) Condition A is that the importer—
(a) intends the product to be a UK consumer connectable product, or
(b) is aware, or ought to be aware, that the product will be a UK consumer
connectable product.
(3) Condition B is that— 
(a) the product is a UK consumer connectable product, and
(b) at the time it was made available by the importer, condition A was met
in relation to the product.
(4) For the meaning of “UK consumer connectable product”, see section 54.
15 Statements of compliance
(1) Subsection (2) applies if an importer of a relevant connectable product—
(a) intends the product to be a UK consumer connectable product, or
(b) is aware, or ought to be aware, that the product will be a UK consumer
connectable product.
(2) The importer may not make the prod uct available in the United Kingdom
unless it is accompanied by— 
(a) a statement of compliance, or
(b) a summary of the statement of co mpliance prepared in accordance with
section 9(2)(b).5
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(3) The importer must retain a copy of the statement of compliance, or the
summary of the statement of compliance (as the case may be), for a periodspecified in regulations made  by the Secretary of State.
(4) The Secretary of State may by regula tions require an impo rter of a relevant
connectable product to make available the statement of compliance relating to
the product, or the summary of the st atement of compliance (as the case may
be), in accordance with prov ision made by the regulations.
(5) In a case where regulations made under section 9(7) provide that a
manufacturer of a relevant connectable product is to be treated as complying
with section 9(2) if conditions specified in the regulations are met—
(a) an importer of the product who meet s the condition in subsection (1)(a)
or the condition in subs ection (1)(b) of this section may not make the
product available in the United Kingdom unless the importer is
satisfied that the conditions specifie d in the regulations have been met,
and
(b) subsections (2) and (3), and any re gulations made unde r subsection (4),
do not apply.
(6) Regulations under this section are subj ect to the negative resolution procedure.
16 Duty not to supply products where compliance failure by manufacturer
(1) An importer of a relevant connecta ble product may not make the product
available in the United Kingdom if— 
(a) the importer— 
(i) intends the product to be a UK consumer connectable product,
or
(ii) is aware, or ought to be aware, that the product will be a UK
consumer connectable product, and
(b) the importer knows or believes t hat there is a compliance failure in
relation to the product.
(2) In this section “compliance failure” means a failure by a manufacturer of a
product to comply with a relevant securi ty requirement relati ng to the product.
17 Duty to investigate potential complianc e failures of importer or manufacturer
(1) This section applies if, at any time after an importer of a relevant connectable
product makes it available in the United Kingdom— 
(a) the importer is informed that th ere is, or may be, a compliance failure
in relation to the product, and
(b) the importer is aware, or ought to be aware, that the product is or will
be a UK consumer connectable product.
(2) The importer must take all reasonable  steps to investigate whether there is a
compliance failure in relation to the product.
(3) In this section “compliance failure” means a failure by the importer, or by a
manufacturer of the product, to comply with a relevant security requirementrelating to the product.5
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18 Duties to take action in relation to importer’s compliance failure
(1) This section applies if, at any time after an importer of a relevant connectable
product makes it available to a customer in the United Kingdom— 
(a) the importer becomes aware, or ought to be aware, of a compliance
failure in relation to the product, and
(b) the importer is aware, or ought to  be aware, that the product is a UK
consumer connectable product.
(2) The importer must, as soon as is practicable, take all reasonable steps to
remedy the compliance failure.
(3) The importer must notify the persons listed in subsection (4) of the compliance
failure as soon as possible.
(4) The persons referred to  in subsection (3) are—
(a) the enforcement authority, and
(b) in a case where specified conditions are met, any customer in the
United Kingdom to whom the importer supplied the product.
(5) In subsection (4)(b) “specified” means specified in regulations made by the
Secretary of State.
Regulations under this su bsection are subject to the negative resolution
procedure.
(6) The notification under subsection (3 ) must include the following information—
(a) details of the compliance failure;
(b) any risks of which the importer is aware that are posed by the
compliance failure;
(c) any steps that have been take n by the importer to remedy the
compliance failure and whether or not those steps have been
successful.
(7) In this section “compliance failure” means a failure by the importer to comply
with a relevant security requir ement relating to the product.
19 Duties to take action in relation to manufacturer’s compliance failure
(1) This section applies if, at any time after an importer of a relevant connectable
product makes it available in the United Kingdom— 
(a) the importer becomes aware, or ought to be aware, of a compliance
failure in relation to the product, and
(b) the importer is aware, or ought to be aware, that the product is or will
be a UK consumer connectable product.
(2) In this section “complianc e failure” means a failure by a manufacturer of the
product to comply with a relevant securi ty requirement relati ng to the product.
(3) The importer must contact the manufacturer about the compliance failure as
soon as possible.
This is subject to subsection (10)(b).
(4) If it appears to the importer that it is  unlikely that the compliance failure will
be remedied in accordance with section 11(2)(b), the importer  must, as soon as
is practicable, take all reasonable step s to prevent the prod uct from being made5
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available to customers in the United Kingdom (where it has not already been
so made available).
(5) The importer must notify the persons listed in subsection (6) of the compliance
failure as soon as possible after the importer has contacted (or attempted to
contact) the manufacturer in accordance with subsection (3) (or, if subsection
(10)(b) applies, as soon as possible).
This is subject to subsection (10)(a) and (c).
(6) The persons referred to  in subsection (5) are—
(a) the enforcement authority,
(b) any distributor to whom the im porter supplied the product, and
(c) in a case where specified conditions are met, any customer in the
United Kingdom to whom the importer supplied the product.
(7) In subsection (6)(c) “specified” means specified in regulations made by the
Secretary of State.
Regulations under this su bsection are subject to the negative resolution
procedure.
(8) The notification under subsection (5 ) must include the following information—
(a) details of the compliance failure;
(b) any risks of which the importer is aware that are posed by the
compliance failure;
(c) any steps of which the importer is  aware that have been taken by the
manufacturer to remedy the compliance failure and whether or notthose steps have been successful.
(9) When the importer notifies a person wi thin subsection (6)(b) of the compliance
failure, the importer must also inform the person whether or not—
(a) the manufacturer is awar e of the compliance failure;
(b) the enforcement authority has been notified of the compliance failure.
(10) Where the importer became aware of th e compliance failure as a result of being
notified of it by a relevant person  in accordance with this Chapter— 
( a ) t h e  i m p o r t e r  d o e s  n o t  n e e d  t o  n o t i f y  t h e  r e l e v a n t  p e r s o n  o f  t h e
compliance failure,
(b) if the relevant person—
(i) is the manufacturer, or
(ii) informs the importer that th e manufacturer is aware of the
compliance failure,
the importer does not need to co ntact the manufact urer about the
compliance failure, and
(c) if the relevant person informs the importer that the enforcement
authority has been notified of the compliance failure, the importer does
not need to notify the enforcement authority of the compliance failure.
20 Duty to maintain records of investigations
(1) An importer of a relevant connectable product must maintain a record of— 
(a) any investigations carried out by the importer (whether or not as a
result of information received as mentioned in section 17(1)(a)) inrelation to a compliance failure, or suspected compliance failure, by—
(i) the importer, or5
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(ii) a manufacturer of the product;
(b) any investigations of which the importer is aware that have been
carried out by a manufacturer of the product in relation to a compliancefailure, or suspected compliance failure, by the manufacturer.
(2) A record of an investigation must contain the following information—
(a) the outcome of the investigation;
(b) where it was determined that ther e was a compliance failure, details of
that compliance failure;
(c) any steps taken by the importer or  the manufacturer (as the case may
be) to remedy the compliance failure and whether or not those stepswere successful.
(3) An importer is not to be regarded as having failed to comply with the duty
imposed by subsection (1)(b) to maintain  a record of an investigation carried
out by a manufacturer if—
(a) the record of the investigation do es not contain all of the information
required by su bsection (2),
(b) the missing information may only be obtained from the manufacturer,
and
(c) the importer has taken reasonable steps to obtain that information from
the manufacturer.
(4) A record of an investigation must be re tained for a period of 10 years beginning
with the day on which the record is made.
(5) In this section “complianc e failure”, in relation to a product, means a failure to
comply with a relevant security requirement relating to the product.
Duties of distributors
21 Duty to comply with security requirements
(1) A distributor of a relevant connectabl e product must comply with any relevant
security requirements relating to th e product if condition A or B is met.
(2) Condition A is that the distributor—
(a) intends the product to be a UK consumer connectable product, or
(b) is aware, or ought to be aware, that the product will be a UK consumer
connectable product.
(3) Condition B is that— 
(a) the product is a UK consumer connectable product, and
(b) at the time it was made available by the distributor, condition A was
met in relation to the product.
(4) For the meaning of “UK consumer connectable product”, see section 54.
22 Statements of compliance
(1) Subsection (2) applies if a distribu tor of a relevant connectable product—
(a) intends the product to be a UK consumer connectable product, or
(b) is aware, or ought to be aware, that the product will be a UK consumer
connectable product.5
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(2) The distributor may not make the product available in the United Kingdom
unless it is accompanied by— 
(a) a statement of compliance, or
(b) a summary of the statement of co mpliance prepared in accordance with
section 9(2)(b).
(3) In a case where regulations made under section 9(7) provide that a
manufacturer of a relevant connectable product is to be treated as complying
with section 9(2) if conditions specified in the regulations are met—
(a) a distributor of the product wh o meets the condition in subsection
(1)(a) or the condition in subsection (1)(b) of this section may not make
the product available in the United  Kingdom unless the distributor is
satisfied that the conditions specifie d in the regulations have been met,
and
(b) subsection (2) does not apply.
23 Duty not to supply products where compliance failure by manufacturer
(1) A distributor may not make a relevant  connectable product available in the
United Kingdom if— 
(a) the distributor— 
(i) intends the product to be a UK consumer connectable product,
or
(ii) is aware, or ought to be aware, that the product will be a UK
consumer connectable product, and
(b) the distributor knows or believes that there is a compliance failure in
relation to the product.
(2) In this section “compliance failure” means a failure by a manufacturer of a
product to comply with a relevant securi ty requirement relati ng to the product.
24 Duties to take action in relation to distributor’s compliance failures
(1) This section applies if, at any time after a distributor of a relevant connectable
product makes it available to a customer in the United Kingdom—
(a) the distributor becomes aware, or ought to be aware, of a compliance
failure in relation to the product, and
(b) the distributor is aware, or ought to be aware, that the product is a UK
consumer connectable product.
(2) The distributor must, as soon as is practicable, take all reasonable steps to
remedy the compliance failure.
(3) The distributor must notify the pers ons listed in subsection (4) of the
compliance failure as soon as possible.
(4) The persons referred to  in subsection (3) are—
(a) the enforcement authority, and
(b) in a case where specified conditions are met, any customer in the
United Kingdom to whom the di stributor supplied the product.
(5) In subsection (4)(b) “specified” means specified in regulations made by the
Secretary of State.
Regulations under this su bsection are subject to the negative resolution
procedure.5
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(6) The notification under subsection (3 ) must include the following information—
(a) details of the compliance failure;
(b) any risks of which the distributor is aware that are posed by the
compliance failure;
(c) any steps taken by the distributor to remedy the compliance failure and
whether or not those step s have been successful.
(7) In this section “compliance failure”  means a failure by the distributor to
comply with a relevant security requirement relating to the product.
25 Duties to take action in relation to manufacturer’s compliance failure
(1) This section applies if, at any time after a distributor of a relevant connectable
product makes it available in the United Kingdom— 
(a) the distributor becomes aware, or ought to be aware, of a compliance
failure in relation to the product, and
(b) the distributor is aware, or ought to be aware, that the product is or will
be a UK consumer connectable product.
(2) In this section “complianc e failure” means a failure by a manufacturer of the
product to comply with a relevant securi ty requirement relati ng to the product.
(3) The distributor must contact the manu facturer about the compliance failure as
soon as possible.
This is subject to subsection (11)(b).
(4) If— 
(a) it is not possible to contact the manufacturer as required by subsection
(3), and
(b) a relevant person other than the manufacturer supplied the product to
the distributor,
the distributor must (unless subsection  (11)(a) applies) contact that other
relevant person about the compliance failure as soon as possible.
(5) If it appears to the distributor that it is unlikely that the co mpliance failure will
be remedied in accordance with section 11(2)(b), the distribu tor must take all
reasonable steps to prevent the pr oduct from being made available to
customers in the United Kingdom (where it has not already been so madeavailable).
(6) The distributor must notify the pers ons listed in subsection (7) of the
compliance failure as soon as possible after the distributor has contacted (or
attempted to contact) the manufacturer in accordance with subsection (3) (or,
if subsection (11)(b) applies, as soon as possible).
This is subject to subsection (11)(a) and (c).
(7) The persons referred to  in subsection (6) are—
(a) the enforcement authority,
(b) any importer or distributor to  whom the distributor supplied the
product,
(c) if not already notified as a result of  subsection (3) or (4), the person from
whom the distributor obtained the product, and
(d) in a case where specified conditions are met, any customer in the
United Kingdom to whom the di stributor supplied the product.5
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(8) In subsection (7)(d) “specified” means specified in regulations made by the
Secretary of State.
Regulations under this su bsection are subject to the negative resolution
procedure.
(9) The notification under subsection (6 ) must include the following information—
(a) details of the compliance failure;
(b) any risks of which the distributor is aware that are posed by the
compliance failure;
(c) any steps of which the distributor is aware that have been taken by the
manufacturer to remedy the compliance failure and whether or notthose steps have been successful.
(10) When the distributor notifies a person  within subsection (7)(b) or (c) of the
compliance failure, the distributor must also inform the person whether ornot—
(a) the manufacturer is awar e of the compliance failure;
(b) the enforcement authority has been notified of the compliance failure.
(11) Where the distributor became aware of the compliance failure as a result of
being notified of it by a relevant pers on in accordance wi th this Chapter— 
(a) the distributor does not need to notify the relevant person of the
compliance failure,
(b) if the relevant person—
(i) is the manufacturer, or
(ii) informs the distribu tor that the manufacturer is aware of the
compliance failure,
the distributor does not need to contact the manufacturer about the
compliance failure, and
(c) if the relevant person  informs the distributo r that the enforcement
authority has been notified of the compliance failure, the distributor
does not need to notify the enforcement authority of the compliancefailure.
C
HAPTER  3
ENFORCEMENT
General
26 Enforcement of Part 1
(1) The person responsible for enforcing the prov isions of this Part, and of regulations
made under it, is the Secretary of State (but see also section 27).
(2) For the investigatory powers available to  the Secretary of State, see Schedule 5
to the Consumer Rights Act 2015.
(3) In paragraph 10 of Schedule 5 to that Act (duties and powers to which Schedule
5 applies), insert at the appropriate place—
“section 26(1) of the Product Security and Telecommunications
Infrastructure Act 2022;”.5
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(4) Despite paragraph 13(4) of  Schedule 5 to that Act, the Secretary of State may
e x e r c i s e  t h e  p o w e r s  i n  P a r t  3  o f  t h a t  S c h e d u l e  ( p o w e r s  i n  r e l a t i o n  t o  t h eproduction of information) for any purp ose relating to the enforcement of this
P a r t  ( a n d  i n  s u c h  a  c a s e  the restriction imposed by  paragraph 13(5) of that
Schedule does not apply).
(5) Nothing in this section authorises the Secretary of State to bring proceedings in
Scotland for an offe nce under this Part.
27 Delegation of enforcement functions
(1) The Secretary of State may enter into an agreement with any person
authorising the person to exercise any enforcement function of the Secretary of
State.
(2) An agreement under this section may provide fo r payments to be made by the Secretary
of State in respect of the perform ance of any enforcement function.
(3) An agreement under this section— 
(a) may be cancelled by the Secretary of State at any time, and
(b) does not prevent the Secretary of State from performing a function to
which the agreement relates.
(4) An agreement under this section must be in writing.
(5) In this Part “enforcement function” means— 
(a) any function of the Secretar y of State under this Chapter;
(b) any function of the Secretary of State under Schedule 5 to the Consumer
Rights Act 2015, so far as exercisa ble for the purposes  of this Part.
(6) Accordingly, in the case of the exercise  of an enforcement function by a person
authorised in accordance with this se ction to exercise that function, any
reference in this Chapter or that Schedule to the Secretary of State in connectionwith that function is to be read as a reference to that person.
Enforcement notices
28 Compliance notices
(1) If the Secretary of State has reasonable grounds to believe that a person has
failed to comply with a relevant du ty, the Secretary of State may give a
compliance notice to the person.
(2) A compliance notice is a notice unde r this section requiring the person to
whom it is given to comply with the rele vant duty specified in the notice within
a specified period.
(3) A compliance notice given to a person must— 
(a) set out the reasons for giving the compliance notice;
(b) explain what may happen if the person does not comply with it;
(c) explain how the person  may appeal against it.
(4) A compliance notice given to a person may— 
(a) require the person to take any sp ecified steps within a specified period
in order to comply with the relevant duty;5
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(b) require the person with in a specified period to provide evidence to the
satisfaction of the Secr etary of State that the person has complied with,
or is complying with, the relevant duty.
(5) Before giving a compliance notice to a person, the Secretary of State must—
(a) notify the person that the Secr etary of State intends to give a
compliance notice to the person, and
(b) give the person an opportunity to make re presentations about the
giving of the notice.
(6) The Secretary of State may not give a co mpliance notice to the person until the
end of the period of 10 days beginnin g with the day on which the notification
required by subsecti on (5)(a) is given.
(7) A compliance notice may not be given to a person more than once in respect of
the same act or omission.
(8) In this section— 
“relevant duty” means a duty im posed by or under Chapter 2;
“specified” means specified in the compliance notice.
29 Stop notices
(1) If the Secretary of State has reasonable grounds to believe that a person is
carrying on, or is likely to carry on, an ac tivity in breach of a relevant duty, the
Secretary of State may give a stop notice to the person.
(2) A stop notice is a notice under this section requiring the person to whom it is
given to stop carrying on an activity sp ecified in the notice within a specified
period.
(3) A stop notice given to a person must— 
(a) set out the reasons for giving the stop notice;
(b) explain what may happen if the person does not comply with it;
(c) explain how the person  may appeal against it.
(4) A stop notice given to a person may— 
(a) require the person to take any sp ecified steps within a specified period
for the purpose of complyin g with the stop notice;
(b) require the person with in a specified period to provide evidence to the
satisfaction of the Secretary of Stat e that the person is complying with
the stop notice;
(c) require the person to take steps to  inform customers of any risks posed
by using a product to which the notice relates;
(d) provide that, if the person take s specified steps within a specified
period for the purpose of complyin g with the relevant duty, the stop
notice will be revoked;
(e) require the person with in a specified period to provide evidence to the
satisfaction of the Secretary of State that the person has taken thosesteps.
(5) Before giving a stop notice to a person, the Secretary of State must—
(a) notify the person that the Secretary of State intends to give a stop notice
to the person, and5
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(b) give the person an opportunity to make re presentations about the
giving of the notice.
(6) The Secretary of State may not give a stop notice to the person until the end of
the period of 10 days beginning with th e day on which the notification required
by subsection (5)(a) is given.
(7) Subsections (5) and (6) do not apply if the Secretary of State considers that there
is an urgent need to give a stop notice to the person.
(8) In this section— 
“relevant duty” means a duty im posed by or under Chapter 2;
“specified” means specified in the stop notice.
30 Recall notices
(1) Subsection (2) applies if—
(a) the Secretary of State has reasonable  grounds to believe that there is a
compliance failure in relation to any UK consumer connectableproducts that have been supplied to customers,
(b) the Secretary of State considers th at the action (if any) being taken by
any relevant person in relation to the compliance failure is inadequate,and
(c) the Secretary of State considers th at any action which the Secretary of
State may take under section 28, 29 or  42 would not be sufficient to deal
with the risks posed by the compliance failure.
(2) The Secretary of State may give a recall notice to any of the following—
(a) in the case of a compliance failure by a manufacturer of the products—
(i) any manufacturer of the products;
(ii) an authorised representative of  a manufacturer of the products;
(iii) any importer or distributo r who made any of the products
available in the United Kingdom;
(b) in the case of a compliance failure  by an importer or distributor who
supplied any of the products to  a customer, that importer or
distributor.
(3) A recall notice is a noti ce under this sectio n requiring the person to whom it is
given (“P”) to make arrangements within  a specified period for the return of
the products to P or to another person specified in the notice.
(4) A recall notice given to a person must— 
(a) set out the reasons for giving the recall notice;
(b) explain what may happen if the person does not comply with it;
(c) explain how the person  may appeal against it.
(5) A recall notice given to a person may— 
(a) require the person to take specifie d steps within a specified period for
the purpose of complying with the recall notice;
(b) require the person with in a specified period to provide evidence to the
satisfaction of the Secretary of Stat e that the person is complying with
the recall notice;
(c) require the person to provide th e Secretary of State with specified
information in relation to the prod ucts, including information relating
to times after the produc ts have been returned;5
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(d) require the person to take steps to  inform customers of any risks posed
by using the products.
(6) Before giving a recall notice to a person, the Secretary of State must—
(a) notify the person that the Secretar y of State intends to give a recall
notice to the person, and
(b) give the person an opportunity to make re presentations about the
giving of the notice.
(7) The Secretary of State may not give a re call notice to the person until the end
of the period of 10 days beginning with the day on which the notification
required by subsecti on (6)(a) is given.
(8) Subsections (6) and (7) do not apply if the Secretary of State considers that there
is an urgent need to give a recall notice to the person.
(9) In this section— 
“compliance failure”, in relation to a product, means a failure by a
relevant person to co mply with a relevant security requirement in
relation to the product;
“specified” means specified in the recall notice.
31 Power to vary or revoke enforcement notices
(1) The Secretary of State may vary or revoke an enforcement notice.
(2) But the Secretary of State may not vary  an enforcement notice in order to make
it more onerous.
32 Failure to comply with enforcement notice
(1) It is an offence for a person to fail  to comply with an enforcement notice.
(2) It is a defence for a person (“P”) char ged with an offence under this section to
show that P took all reasonable steps to comply with the notice.
(3) P is to be taken to have shown the fact mentioned in subsection (2) if—
(a) sufficient evidence of the fact is adduced to ra ise an issue with respect
to it, and
(b) the contrary is not proved beyond reasonable doubt.
(4) P may not rely on a defence under subs ection (2) which invo lves a third party
allegation unless P has— 
(a) given a notice to the prosecutor in accordance with this section, or
(b) obtained the permi ssion of the court.
(5) In subsection (4) “third party allegation ” means an allegation that the failure to
comply with the notice was due to— 
(a) the act or omission of another person, or
(b) P’s reliance on information provided by another person.
(6) The notice under subsecti on (4)(a) must give any in formation in P’s possession
which identifies, or may assist in identifying, the person mentioned in
subsection (5).5
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(7) In the case of proceedings in Englan d and Wales or Northern Ireland, the
notice under subsection (4)(a) must be given to the prosecutor no later than 7
clear days before the he aring of the proceedings.
(8) In the case of proceedings in Scotland , the notice under subsection (4)(a) must
be given to the prosecutor— 
(a) where an intermediate diet is to  be held, at or before that diet;
(b) where such a diet is not to be held, no later than 10 clear days before the
trial diet.
(9) A person guilty of an offenc e under this section is liable— 
(a) on summary conviction in England and Wales, to a fine;
(b) on summary conviction in Scotland, to a fine not exceeding level 5 on
the standard scale;
(c) on summary conviction in Northern Ireland, to a fine not exceeding
level 5 on the standard scale.
33 Appeals against enforcement notices
(1) A person who is given an enforcemen t notice may appeal to the First-tier
Tribunal (“the Tribunal”) against the enforcement notice or any provision of it.
(2) An appeal under this section is to be brought before the end of the period of 28
days beginning with— 
(a) the day on which the notice was given, or
(b) if the appeal is in respect of the variation of a notice under section 31,
the day on which the notice was varied.
(3) On an appeal under this section, the Tribunal—
(a) if it is satisfied that any of the gr ounds in subsection (4) applies, may— 
(i) vary the notice, or
(ii) cancel the notice or any part of it;
(b) if it is not so satisfied, must confirm the notice.
(4) The grounds referred to  in subsection (3)(a) are—
(a) that the decision to give the notice , or to include any provision in the
notice, was based, wholly or partly, on an error of fact;
(b) that the decision to give the notice , or to include any provision in the
notice, was wrong in law;
(c) that the notice, or any provision of  it, was unfair or unreasonable for
any other reason.
(5) If the Tribunal cancels an enforcement no tice (in whole or in part), it may refer
the matter back to the person that gave the notice with a direction to reconsider
and make a new decision in accordance with its ruling.
(6) But the Tribunal may not direct the person that gave the notice to take any
action which the person would not otherwise have the power to take.
(7) In determining an appeal under this section, the Tribunal may— 
(a) review any determinatio n of fact on which the decision to give the
notice, or to include any provision in it, was based;
(b) take into account evidence which was not available to the person that
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(8) Where an appeal in respect of an enforcement notice, or the variation of an
enforcement notice, is made under this se ction, the notice or variation (as the
case may be) is of no effect until th e appeal is determined or withdrawn.
( 9 ) W h e r e  a n  a p p e a l  i s  o r  m a y  b e  m a d e  t o  t h e  U p p e r  T r i b u n a l  i n  r e l a t i o n  t o  a
decision of the Tribunal under this section, the U pper Tribunal may suspend
the notice to which the appeal relates, or  any provision of it, until the appeal is
determined or withdrawn. 
34 Compensation for notices wrongly given
(1) This section applies if—
(a) the Secretary of State gives a stop no tice or a recall notice to a person,
(b) the relevant breach in respect of  which the notice was given did not
occur, and
(c) the decision to give the notice was not attributable to any neglect or
default by the person.
(2) The Secretary of State is liable to pay co mpensation to the person to whom the notice
was given in respect of any loss or damage ca used as a result of the giving of the notice.
(3) The amount of compensation payable to  a person under this  section is to be
determined by the Secretary of State.
(4) In determining that amount, the Secr etary of State may have regard to the
extent to which the person took reasonable steps to reduce any loss or damagecaused as a result of the giving of the notice.
(5) A person seeking compensation under this section must make a claim to the
Secretary of State.
(6) The claim—
(a) must be made in such form, and such manner, as the Secretary of State
may direct;
(b) must contain evidence of the lo ss or damage in respect of which
compensation is sought;
(c) must specify the amount of compen sation which the pe rson is seeking.
(7) The Secretary of State must, before the end of the period of  45 days beginning
with the day on which the Secretary of State receives the claim—
(a) decide whether the person is entitled to compensation under this
section and, if so, the amount of that compensation, and
(b) notify the person of the decision.
(8) In this section “relevant breach” means—
(a) in the case of a stop notice, a br each of a duty imposed by or under
Chapter 2;
(b) in the case of a recall notice, a co mpliance failure within the meaning of
section 30.
35 Appeals against decisions under section 34
(1) A person may appeal to the First-ti er Tribunal (“the Tribunal”) against—
(a) a decision not to award compensati on to the person under section 34, or
(b) the amount of compensation awarde d to the person under that section.5
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(2) An appeal under this section is to be brought before the end of the period of 28
days beginning with the day on which the person is notified in accordance withsection 34(7)(b).
(3) On an appeal under this section against a decision not to award compensation
under section 34, the Tribunal—
(a) if it is satisfied that the ground in subsection (6)(a) or the ground in
subsection (6)(b) applies,  may quash the decision;
(b) if it is not so satisfied, must confirm the decision.
(4) If the Tribunal quashes a decision under subsection  (3)(a), the Tribunal may—
(a) direct the Secretary of State to pay compensation of an amount
determined by the Tribunal, or
(b) refer the matter back to the Secr etary of State with a direction to
reconsider and make a new decision in accordance with its ruling.
(5) On an appeal under this section against the amount of compensation awarded
under section 34, the Tribunal—
(a) if it is satisfied that any of the gr ounds in subsection (6) applies, may— 
(i) vary the amount of co mpensation awarded, or
(ii) refer the matter back to the Secretary of State with a direction to
reconsider and make a new decision in accordance with its
ruling;
(b) if it is not so satisfied, must confirm the amount of compensation
awarded.
(6) The grounds referred to in subsections (3)(a) and (5)(a) are—
(a) that the decision appealed against was based, wholly or partly, on an
error of fact;
(b) that the decision appealed against was wrong in law;
(c) that the amount of co mpensation awarded was unfair or unreasonable
for any other reason.
(7) In determining an appeal under this section, the Tribunal may— 
(a) review any determination of fact  on which the decision appealed
against was based;
(b) take into account evidence which was not available to the Secretary of
State.
(8) The Tribunal may not direct the Secretar y of State under this section to pay any
compensation which the Secretary of Stat e would not otherwise be liable to pay
under section 34(2).
Monetary penalties
36 Monetary penalties
(1) If the Secretary of State is satisfied on the balance of probabilities that a person
has failed to comply with a relevant du ty, the Secretary of State may give a
penalty notice to the person.
(2) A penalty notice is a notice under th is section requiring the person to pay a
penalty of a specified amount to the Secretary of State within a specified
period.5
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(3) A person may not be given more than one penalty notice in respect of a single
relevant breach.
(4) A penalty notice may not require a person to pay a penalty of an amount
greater than the relevant maximum in respect of a single relevant breach.
For the relevant maximum, see section 38.
(5) A penalty notice given in respect of a relevant breach may, in addition to
requiring the person to pay a penalt y of a specified amount (“the fixed
penalty”), require the person to pay to the Secretary of State within a specified
period a further daily penalty, of a spec ified amount not exceeding £20,000, for
each day for which the relevant breach continues after the end of the periodspecified for payment of the fixed penalty.
(6) The amount of each such daily penalty is to be disregarded for the purposes of
subsection (4).
(7) A penalty notice may not specify a period  for paying a penalt y that is less than
28 days beginning wi th the day on which the notice is given.
(8) A penalty notice may be given to a person in respect of a relevant breach
whether or not the person has been gi ven an enforcement notice in respect of
the relevant breach.
(9) Any penalty received by the Secretary of State in accordance with this section is to be
paid into the Consolidated Fund.
(10) In this section—
“relevant breach” means a failure to comply with a relevant duty;
“relevant duty” means a duty im posed by or under Chapter 2;
“specified” means specified in the penalty notice.
37 Determining the amount of a penalty
(1) A penalty imposed by a penalty notice must be of an amount that the Secretary
of State considers to be— 
(a) appropriate, and
(b) proportionate to the relevant breach  in respect of which it is imposed.
(2) In determining the amount of a penalty to be imposed by a penalty notice on a
person, the Secretary of State must ta ke into account the following matters
(among others)— 
(a) the effects of the re levant breach in respect of which the penalty is
imposed;
(b) any action taken by the person to remedy the relevant breach or
mitigate its effects.
(3) In this section “relevant breach” ha s the same meaning as in section 36.
38 The relevant maximum
(1) For the purposes of section 36 the rele vant maximum, in relation to a person, is
the greater of—
(a) £10 million, and
(b) 4% of the person’s qualifying wo rldwide revenue for the person’s most
recent complete accounting period.5
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This is subject to subsections (2) to (6).
(2) Where the Secretary of State is deciding the amount of the penalty to be
imposed on a person at a time when the person’s first accounting period hasnot yet ended, the reference in subsec tion (1)(b) to the person’s qualifying
worldwide revenue for the person’s most recent complete accounting period is
a reference to the amount that the Secretary of State estimates is likely to be theperson’s qualifying worldwid e revenue for that period.
(3) For the purposes of th is section, the amount of a person’s qualifying
worldwide revenue for an accounting peri od is, in the event of a disagreement
between the person and the Secretary of State, the amount determined by the
Secretary of State.
( 4 ) I n  t h e  c a s e  o f  a n  a c c o u n t i n g  p e r i o d  t h a t  i s  n o t  a  p e r i o d  o f  1 2  m o n t h s ,  t h e
amount of the person’s qualifying worldwide revenue (or estimated qualifyingworldwide revenue) for the period is to be adjusted as follows— 
(a) if the accounting period is less than 12 months, the amount is to be
proportionately increased;
(b) if the accounting period is more than 12 months, the amount is to be
proportionately reduced.
(5) If the person does not have an accounting period, the relevant maximum is £10
million.
(6) The Secretary of State may by regulations provide that, where the person is a
member of one or more groups, the rele vant maximum is to be calculated by
reference to a specified percentage of the total qualifying worldwide revenue
of those groups, or of members of th ose groups that are of a specified
description, for a specified period.
“Specified” means specified in the regulations.
(7) The Secretary of State may by regu lations make provis ion about how the
qualifying worldwide revenue of a pers on or persons for a period is to be
determined for the purposes of this section.
(8) Regulations under this section are subject to the affirmative resolution
procedure.
(9) In this section— 
“accounting period”, in relation to a person, means a period in respect of
which accounts are prepared in rela tion to that person or, where that
person is an individual, in relation  to that person’s relevant business;
“group” means a parent undertaking and its subsidiary  undertakings;
“parent undertaking” and “subsidi ary undertaking” have the same
meaning as they have for the purpos es of the Companies Act 2006 (see
section 1162 of, and Schedule 7 to, that Act);
“relevant business” means—
(a) in the case of a relevant person, the business of being a
manufacturer, importer or distributor (as the case may be) ofrelevant connectable products;
(b) in the case of a person who is an authorised representative, the
business of acting as an authorised representative or as part ofwhich the person is an au thorised representative.5
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39 Penalty notices: further provision
(1) Before giving a penalty notice to a person, the Secretary of State must—
(a) notify the person of the Secretary of  State’s intention to give a penalty
notice to the person, and
(b) give the person an opportunity to make re presentations about the
giving of the notice.
(2) The Secretary of State may not give a penalty notice to the person before the
end of the period of 28 days beginn ing with the day on which notification
under subsection (1)(a) is given.
(3) A penalty notice must contain the following information—
(a) the reasons for giving the penalty notice;
(b) the amount of the penalty;
(c) how payment may be made;
(d) the period within whic h payment must be made;
(e) how the person to whom the notice is given may appeal against the
imposition of the penalty;
(f) the consequences of failing to pay the penalty.
(4) The Secretary of State may vary or revoke a penalty notice.
(5) But the Secretary of State may not vary a penalty notice in order to make it
more onerous.
40 Enforcement of penalty notices
(1) In England and Wales, a penalty is reco verable as if it were payable under an
order of the High Court.
(2) In Scotland, a penalty may be enforced  in the same manner as an extract
registered decree arbitral bearing a warr ant for execution issued by the sheriff
court of any sheri ffdom in Scotland.
(3) In Northern Ireland, a penalty is recoverable as if it were payable under an
order of the High Court.
(4) Where action is taken under this sect ion for the recovery of a penalty, the
penalty—
(a) in relation to England and Wales, is to be treated for the purposes of
section 98 of the Courts Act 2003 (r egister of judgments and orders etc)
as if it were a judgment entered in the High Court;
(b) in relation to Northern Ireland, is to be treated for the purposes of
Article 116 of the Judgments Enfo rcement (Northern Ireland) Order
1981 (S.I. 1981/226 (N.I. 6)) (register of judgments) as if it were ajudgment in respect of which an application has been accepted underArticle 22 or 23(1) of that Order.
(5) In this section “penalty” means a pena lty imposed by a penalty notice under
section 36.
41 Appeals against penalty notices
(1) A person who is given a penalty notice  may appeal to the First-tier Tribunal
(“the Tribunal”) against—5
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(a) the imposition of  a penalty imposed by the penalty notice;
(b) the amount of such a penalty;
(c) the period within which such a penalt y, or any part of it, is required to
be paid.
(2) An appeal under this section is to be brought before the end of the period of 28
days beginning with— 
(a) the day on which the penalty notice was given, or
(b) if the appeal is in respect of the va riation of a notice under section 39(4),
the day on which the notice was varied.
(3) On an appeal under this section, the Tribunal—
(a) if it is satisfied that any of the gr ounds in subsection (4) applies, may— 
(i) vary the amount of a penalty imposed by the penalty notice or
the period within which such a penalty, or any part of it, is
required to be paid, or
(ii) cancel any penalty impo sed by the penalty notice;
(b) if it is not so satisfied, must confirm the penalty notice.
(4) The grounds referred to  in subsection (3)(a) are—
(a) that the decision appealed against was based, wholly or partly, on an
error of fact;
(b) that the decision appealed against was wrong in law;
(c) that the decision appealed against was unfair or unreasonable for any
other reason.
(5) If the Tribunal cancels a penalty imposed by a penalty notice, it may refer the
matter back to the person that gave the notice with a direction to reconsider
and make a new decision in accordance with its ruling.
(6) But the Tribunal may not direct the person that gave the notice to take any
action which the person would not otherwise have the power to take.
(7) In determining an appeal under this section, the Tribunal may— 
(a) review any determination of fact  on which the decision appealed
against was based;
(b) take into account evidence which was not available to the person that
gave the notice.
(8) Where an appeal in respect of a penalty notice, or the variation of a penalty
notice, is made under this section, the notice or variation (as the case may be)
is of no effect until the appe al is determined  or withdrawn.
( 9 ) W h e r e  a n  a p p e a l  i s  o r  m a y  b e  m a d e  t o  t h e  U p p e r  T r i b u n a l  i n  r e l a t i o n  t o  a
decision of the Tribunal under this section, the U pper Tribunal may suspend
the notice to which the appeal relate s until the appeal is determined or
withdrawn.
Forfeiture
42 Forfeiture
(1) In this section “forfeitable products” means—
(a) any relevant connectable products that—5
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(i) are in the possession or control of any manufacturer, importer
or distributor of the products,
(ii) are in the possession or contro l of an authorised representative
of a manufacturer of the products, or
(iii) are detained under paragraph 28 of Schedule 5 to the Consumer
Rights Act 2015;
(b) any relevant connectable products th at have been returned to any of the
following persons as a result of a compliance failure, or suspected
compliance failure, relating to the products—
(i) any manufacturer, importer or distributor of the products;
(ii) an authorised representative of  a manufacturer of the products;
(iii) a person acting on behalf of a person within sub-paragraph (i)
or (ii);
(iv) a person specified in a recall notice under section 30.
(2) If the Secretary of State has reasonable grounds to believe that—
(a) there is a compliance failure relating to any forfeitable products, and
(b) the products are, or (if no order is  made for their forfeiture) will be, UK
consumer connectable products,
the Secretary of State may apply to the appropriate court (see subsection
(11)(a)) for an order for the forfeiture of the products.
(3) The  court may, on an application under t his se ct ion, make an order for the
forfeiture of any forfeitable products if  the court is satisfied on the balance of
probabilities—
(a) that the products are, or (if no orde r is made for their forfeiture) will be,
UK consumer connectable products,
(b) that there is a compliance fail ure in relation to the products,
(c) that it is unlikely that the security  requirement in respect of which the
compliance failure exists will be complied with, and
(d) that it is proportionate to make the order.
(4) For the purposes of this section th e court may determin e that there is a
compliance failure in relation to any forf eitable products if it is satisfied that
there is a compliance failure in relation to products that are representative of
those products (whether by reason of being of the same model or design or
otherwise).
(5) If the court makes an order for the forfei ture of any forfeitable products, it may
also order the forfeiture of any other prop erty if it is satisfied on the balance of
probabilities that the property is not readily separable from the forfeitable
products.
(6) An order under this section for the forfeiture of any property—
(a) may require the property to be delivered up to—
(i) the Secretary of State, or
(ii) such other person as  the court may direct;
(b) may permit the Secretary of State, or such other person as the court may
direct, to destroy or otherwise dispos e of the property in whatever way
the Secretary of State or othe r person considers appropriate;
(c) may require the property to be de stroyed or otherwise disposed of in
accordance with any directions of the court.5
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(7) Subsections (8) and (9) apply in a case where the products to which the
application relates have been detained under paragraph 28 of Schedule 5 to theConsumer Rights Act 2015.
(8) If the court is not satisfied on the balance of probabilities—
(a) that the products are, or (if no orde r is made for their forfeiture) will be,
UK consumer connectable products,
(b) that there is a compliance fail ure in relation to the products,
(c) that it is unlikely that the security  requirement in respect of which the
compliance failure exists will be complied with, or
(d) that it is proportionate to make an order for the forfeiture of the
products,
the court must order the products to be returned to a person  entitled to them.
(9) Where an order for the return of any pr oducts is made under subsection (8), the
products (and any other property that is not readily separable from theproducts) may nevertheless be detained—
(a) until the end of the period within which an appeal under section 44
may be made against the order, or
( b ) i f  s u c h  a n  a p p e a l  i s  m a d e ,  u n t i l  t h e  t i m e  w h e n  i t  i s  d e t e r m i n e d  o r
withdrawn.
But if the Secretary of State decides before the end of the period mentioned in
paragraph (a) that there is to be no a ppeal, the products mu st be returned as
soon as possible after that decision is made.
(10) For the purposes of this section, pr operty is not readily separable from any
forfeitable products if , in all the circumstances, it is not reasonably practicable
to separate the property fr om the forfeitable products. 
Those circumstances include the time and costs involved in separating the
property.
(11) For the purposes of this section—
(a) “the appropriate court” means—
(i) in England and Wales,  a magistrates’ court;
(ii) in Scotland, a sheriff;
(iii) in Northern Ireland, a court of summary jurisdiction;
(b) “compliance failure”, in relation to a product, means a failure by a
relevant person to co mply with a relevant security requirement in
relation to the product;
(c) the reference to delivery up of pr oducts is, in Scotland, a reference to
delivery;
(d) the persons “entitled” to any products are—
(i) any person to wh om they belong, and
(ii) in the case of products detained under paragraph 28 of
Schedule 5 to the Consumer Ri ghts Act 2015, the person from
whom they were seized.
43 Further provision about forfeiture
(1) An application under section 42 to a magistrates’ court in England and Wales
is to be made by way of complaint.5
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(2) An application under section 42 to a court of summary jurisdiction in Northern
Ireland is to be made by way of comp laint under Part 8 of the Magistrates’
Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)).
(3) In a case where proceedings have been brought in En gland and Wales or
Northern Ireland for—
(a) an offence under section 32 relating to a compliance failure, or
(b) an offence under paragraph 36(1) or  (2) of Schedule 5 to the Consumer
Rights Act 2015 arising out of any investigation into a compliancefailure,
an application under section 42 relating  to the compliance failure may be made
in those proceedings.
(4) A court may not order the forfeiture of  any products under section 42 unless—
(a) the Secretary of State has given notice of— 
(i) the application, and
(ii) the date and location of the proceedings for forfeiture,
to every identifiable person havin g an interest in the products, or
(b) where the notice requir ed by paragraph (a)(i) or (ii) has not been given
to such a person, the court is satisf ied that it was reasonable in the
circumstances not to give notice to that person.
(5) Any person having an interest in any forfeitable products is  entitled to appear
in proceedings under section 42  relating to the products.
(6) No order for forfeiture under se ction 42 may take effect until—
(a) the end of the period within which an appeal under section 44 may be
made against the order, or
(b) if such an appeal is made, the time when it is determined or withdrawn.
(7) In this section “compliance failure” and “forfeitable products” have the same
meaning as in section 42.
44 Appeal against decision under section 42
(1) Where an order for the forfeiture of any products has been made under section
42, each of the following persons may appeal against the order—
(a) any party to the proceeding s in which the order was made;
(b) any other person entitled to the products.
(2) The Secretary of State may appeal against—
(a) a decision not to make an orde r for forfeiture under section 42;
(b) an order under subsecti on (8) of that section for the return of any
products.
(3) Where—
(a) the Secretary of State brings an appeal under this section, and
(b) no person entitled to the produc ts in question was a party to the
original proceedings,
the Secretary of State must make reasonable efforts to give notice of the appeal
to every person who the Secretary of Stat e thinks is or may be entitled to the
products.
(4) An appeal under this section is to—
(a) the Crown Court, in England and Wales;5
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(b) the Sheriff Appeal Court, in Scotland;
(c) a county court, in Northern Ireland.
(5) An appeal under this section is to be brought before the end of the period of 28
days beginning with the date of the or der or other decision appealed against.
(6) Subject to subsections (7 ) and (8), the court hearin g the appeal may make any
order the court considers appropriate.
(7) If an appeal brough t by virtue of subsection (2) is allowed—
(a) the court must order the products to be forfeited, and
(b) sections 42(6) and 43(6) apply with the necessary adaptations.
(8) If an appeal against an order forfeiting any products is allowed—
(a) the court must order the products to  be returned to a person entitled to
them, and
(b) section 42(9) applies with the necessary adaptations.
(9) The persons “entitled” to any products  for the purposes of this section are—
(a) any person to whom they belong, and
(b) in the case of products detained under paragraph 28 of Schedule 5 to
the Consumer Rights Act 2015, the person from whom they were
seized.
Other enforcement powers
45 Power to inform public about compliance failures
(1) This section applies where the Secretary of State has reasonable grounds to
believe that there is a compliance failure  in relation to a relevant connectable
product.
(2) The Secretary of State may publish whatever information the Secretary of State
considers appropriate for the purpose of informing members of the public
about the following matters—
(a) the nature of the compliance failure;
(b) any risks posed by using the product;
(c) any steps that may be taken to mi tigate the effect of any such risks.
(3) Information may be pu blished under subs ection (2) in whatever way the
Secretary of State considers appropriate.
(4) In this section “complianc e failure”, in relation to a product, means a failure by
a relevant person to comply with a rele vant security requirement in relation to
the product.
46 Power to publish details of enforcement  action taken against relevant persons
(1) The Secretary of State may publish details of a failure by a relevant person to
comply with a relevant security re quirement in relation to a product.
(2) The Secretary of State may publish details of any of the following—
(a) an enforcement notice given to a person;
(b) a penalty notice given to a person;
(c) an order made under section 42 for the forfeiture of any products.5
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47 Power to recall products
(1) This section applies where conditions A and B are met.
(2) Condition A is that the Secretary of St ate has reasonable grounds to believe that
there is a compliance failure in rela tion to any UK consumer connectable
products that have been  supplied to customers.
(3) Condition B is that—
(a) a person to whom a recall notice was given in relation to the compliance
failure has failed to comply with it, or
(b) it is not possible to give a recall notice in relation to the compliance
failure to one or more of the pe rsons mentioned in section 30(2).
(4) The Secretary of State may—
(a) make arrangements for the delivery of the products to the Secretary of
State or another person;
(b) destroy or otherwise dispose of the products in whatever way the
Secretary of State considers appropriate;
(c) permit any person to whom the products are delivered under the
arrangements mentioned in paragraph (a) to destroy or otherwisedispose of them—
(i) in accordance with a direction of the Secretary of State, or
(ii) in whatever way the pe rson considers appropriate.
(5) The Secretary of State may pay such amo unts as the Secretary of State considers
appropriate to any customer who returns a product in accordan ce with arrangements
made under this section.
(6) Where an amount is paid to a custom er under subsection (5) in respect of a
product, a relevant person  may deduct that amount  from any amount which
the relevant person is required to pay to the customer (whether as a result ofthe exercise of the customer ’s statutory rights or othe rwise) in respect of the
product.
(7) In a case where a person to whom a recall notice was given in relation to a
compliance failure failed to comply with it, the Secretary of State may recoverfrom the person any costs or expenses reasonably incurred by the Secretary of
State or another person in taking any acti on under this section in relation to the
compliance failure.
(8) In this section “complianc e failure”, in relation to a product, means a failure by
a relevant person to comply with a rele vant security requirement in relation to
the product.
Disclosure of information
48 Disclosure of information
(1) The Secretary of State may disclose to a person any information obtained by the
Secretary of State in connection with  the Secretary of State’s enforcement
functions if the disclosure is ma de for a purpose connected with an
enforcement function of the Secretary of State.5
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(2) A person may disclose any informat ion to the Secretary of State if the
disclosure is made for the purposes of  enabling or assist ing the Secretary of
State to exercise any enforcement function.
(3) A disclosure of information authoris ed by this Chapter does not breach—
(a) any obligation of confidence owed  by the person making the disclosure
in relation to that information, or
(b) any other restriction on the di sclosure of information (however
imposed).
(4) But nothing in this Chapter au thorises either of the following—
(a) the making of a disclosure which would contravene the data protection
legislation (but in determining whet her a disclosure would do so, the
powers conferred by this Chapter are to be taken into account);
(b) the making of a disclosure which is prohibited by any of Parts 1 to 7 or
Chapter 1 of Part 9 of the Investigatory Powers Act 2016.
(5) In this section “the data protection legislation” has the same meaning as in the
Data Protection Act 2018 (see section 3 of that Act).
(6) Subsections (1) and (2) do not affect any power to disclose that exists apart
from this section.
(7) In Schedule 14 to the Enterprise Ac t 2002 (restriction s on disclosure of
information: list of enactments under or by virtue of which information is
obtained), at the appropriate place insert—
“Part 1 of the Product Security and Telecommunications
Infrastructure Act 2022.”
Miscellaneous and supplementary
49 Offence of purporting to act as author ised to exercise enforcement function
(1) A person who is not authorised to exer cise a function of th e Secretary of State
under this Chapter commits an offence if the person purports to act as a person
who is so authorised.
(2) A person guilty of an offenc e under this section is liable— 
(a) on summary conviction in England and Wales, to a fine;
(b) on summary conviction in Scotland, to a fine not exceeding level 5 on
the standard scale;
(c) on summary conviction in Northern Ireland, to a fine not exceeding
level 5 on the standard scale.
50 Means of giving notices
(1) A notice under this Chapter may be given to a person by— 
(a) handing it to the person,
(b) leaving it at the pe rson’s proper address,
(c) sending it by post to the person at that address, or
(d) subject to subsection (7), sending it to the person by electronic means.
(2) A notice to a body corporate may be give n to the secretary or clerk of that body.5
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(3) A notice to a partnership may be given to a partner or a person who has the
control or management of the partnership business.
(4) For the purposes of this section and of  section 7 of the Interpretation Act 1978
(service of documents by post) in its application to this section, the properaddress of a person is— 
(a) in the case of a body corporate or its secretary or cl erk, the address of
the body’s registered or principal office;
(b) in the case of a partne rship, a partner or a pers on having the control or
management of the partnership business, the address of the principaloffice of the partnership;
(c) in any other case, the person’s last known address.
(5) For the purposes of subs ection (4) the principal offi ce of a company registered
outside the United Kingdom, or of a pa rtnership carrying on business outside
the United Kingdom, is its principa l office within the United Kingdom.
(6) If a person has specified an address in the United Kingdom, other than the
person’s proper address within the meaning of subsection (4), as the one atwhich the person or someon e on the person’s behalf will accept notices of the
same description as a notice under this Ch apter, that address is also treated for
the purposes of this section and section 7 of the Interpretation Act 1978 as theperson’s proper address.
(7) A notice may be sent to a person by electronic means only if— 
(a) the person has indicated that notices of the same description as a notice
under this Chapter may be given to the person by being sent to anelectronic address and in  an electronic form sp ecified for that purpose,
and
(b) the notice is sent to that address in that form.
(8) A notice sent to a person by electronic means is, unless the contrary is proved,
to be treated as having been given at  9 am on the work ing day immediately
following the day on which it was sent.
(9) In this section—
“electronic address” means any number  or address used for the purposes
of sending or receiving documents or  information by electronic means;
“working day” means a day other than a Saturday, a Sunday, Christmas
Day, Good Friday or a bank holi day under the Banking and Financial
Dealings Act 1971 in any part of the United Kingdom.
51 Liability of authorised representatives
(1) This section applies where a manufacturer that is not established in the United
Kingdom authorises a person in the Un ited Kingdom, with the agreement of
that person, to perform any of the duties li sted in subsection (3 ) on behalf of the
manufacturer.
(2) In this Part “authorised representative”,  in relation to a manufacturer, means a
person authorised by the manufactur er as mentioned in subsection (1).
(3) The duties referred to  in subsection (1) are—
(a) any duties under regulations made  under section 9(6) (duties relating
to statements of compliance);5
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(b) the duties under section 11(2) and (3 ) (duties to take action in relation
to compliance failures);
(c) the duty under section 12(1 ) (duty to maintain records).
(4) If the authorised represen tative fails to comply wi th the duty, the authorised
representative may be proc eeded against under this Pa rt for failing to comply
with the duty.
(5) Subsection (4) does not affect the liab ility of the manufact urer under this Part
for a failure to comply with the duty.
52 Offences by directors, partners etc
(1) Where an offence under this Part has been committed by a body corporate and
it is proved that the offence—
(a) has been committed with the consen t or connivance of  a person listed
in subsection (2), or
(b) is attributable to any neglect on the part of such a person,
that person (as well as the body corporate)  is guilty of that offence and liable to
be proceeded against and punished accordingly.
(2) The persons referred to in subsection  (1)(a) are—
(a) a director, manager, secretary or  other similar officer of the body;
(b) any person who was purporting  to act in such a capacity.
(3) Where the affairs of a body corporate are managed by its members, subsection
(1) applies in relation to the acts and defaults of a member, in connection with
that management, as if the member were a director of the body corporate.
(4) Where an offence under this Part has been committed by a Scottish partnership
and it is proved that the offence—
(a) has been committed with the consen t or connivance of a partner in the
partnership or a person purporting  to act as such a partner, or
(b) is attributable to any neglect on the part of such a person,
that person (as well as the partnership) is guilty of that offence and liable to be
proceeded against and punished accordingly.
CHAPTER  4
SUPPLEMENTARY  PROVISION
Guidance
53 Guidance
(1) The Secretary of State may issue guidance about the effect of any provision
made by or un der this Part.
(2) The enforcement authority may issue guidance about the exercise of any of its
enforcement functions.
(3) A person who issues guidance under this section may from time to time revise
the guidance.
(4) A person who issues guidance under this section must publish— 5
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(a) the guidance, and
(b) any revisions of the guidance.
Interpretation
54 Meaning of “UK consumer connectable product”
(1) In this Part “UK consumer connectable product” means a relevant connectable
product that meets condition A or B.
(2) Condition A is that the product— 
(a) is or has been made available to consumers in the United Kingdom, and
(b) has not been supplied by a relevant person to any customer (whether
or not in the United Kingdom) at  any time before being so made
available.
(3) Condition B is that—
(a) the product is or has been made available to customers in the United
Kingdom who are not consumers,
(b) the product has not been supplied by  a relevant person to any customer
(whether or not in the United Kin gdom) at any time before being so
made available, and
(c) products identical to the product meet condition A.
(4) Subsections (5) to (9) apply for the purposes of subsecti ons (2)(b) and (3)(b).
(5) Where— 
(a) a product that has been supp lied to a customer (“the original
customer”) is returned to a relevant person in the exer cise of any right
(whether statutory or otherwise) to return unwanted products, and
(b) the product is subsequently made available to customers in the United
Kingdom,
the product is not to be treated as having been supplied to the original
customer.
(6) Where— 
(a) a product that has been supp lied to a customer (“the original
customer”) is returned to a relevant person— 
(i) in accordance with arrangements  made for the purposes of, or
in connection with, this Part, or
(ii) as a result of any other action  taken under, or for the purposes
of, this Part, and
(b) the product is subsequently made available to customers in the United
Kingdom,
the product is not to be treated as having been supplied to the original
customer.
(7) Where a product that has been supplied to a customer is reconditioned by or
on behalf of a manufacturer of the product before being made available to
customers in the United Kingdom, the pr oduct is not to be treated as having
been supplied to that customer.5
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(8) The reference in subsection (7) to reconditioni ng a product is a reference to
doing anything to the product, or its pa ckaging, in order to prepare the product
to be made available to customers.
(9) Where a product has been  supplied to a custome r (“C”) who would, in the
absence of section 7(6), be a distributor of the product—
(a) the product is not to be treate d as having been supplied to C, and
(b) where any of subsections (5) to (7 ) applies, the product is not to be
treated as having been supplied to C or to any customer of C.
(10) The Secretary of State may by regulations— 
(a) repeal subsection  (2)(b) or (3)(b);
(b) make any amendments of this Part that the Secretary of State considers
necessary or appropriate in consequence of such repeal.
(11) Regulations made unde r subsection (10) are su bject to the affirmative
resolution procedure.
55 Meaning of “supply”
(1) This section has effect for the purposes of  this Part.
(2) Any reference to supplying a product is a reference to su pplying the product
in the course of business, and includes a reference to doing any of thefollowing—
(a) providing the product in exchange for any non-monetary
consideration;
(b) providing the product in, or in co nnection with, the performance of a
statutory function;
(c) giving the product as a prize or ot herwise making a gi ft of the product.
(3) Any reference to supplying a product do es not include a reference to hiring out
or lending the product, except where—
(a) the hiring out or lending is by  a manufacturer of the product, or
(b) the product is supplied un der a hire-purchase agreement.
(4) Where a product has at any time been supplied by being hired out or lent to a
person, neither of the following is to be treated as a further supply of the
product to that person—
(a) a continuation or renewal of the hi re or loan (whether on the same or
different terms);
(b) any transaction for the transfer afte r that time of any interest in the
product to the person.
(5) The performance of a contract for the carrying out of works that consist of or
include the installation of a product into a building or structure is to be treated
as a supply of the product in so far as, but only in so far as, it involves the
provision of the product to  a person by means of its installation into the
building or structure.
(6) The performance of a contract by the construction of a building or structure on
land is to be treated as a supply of a product in so far as, but only in so far as,it involves the provision of the pr oduct to a person by means of its
incorporation into the building or structure.5
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(7) Any reference to supplying a product does not include a reference to any
supply of a product that is effected by th e creation or disposal  of an interest in
land, or by the performance of an agreem ent for the creation or disposal of such
an interest, except where—
(a) the product is incorporated into or contained in a building (or part of a
building) constructed on the land,
(b) the building (or part) is to be used for a particular purpose, and
(c) at the time of the supply, the build ing (or part) has not previously been
used for that purpose.
(8) Any reference to supplying a product does not include a reference to supplying
the product by a sale of the product as scrap (that is to say, for the value of
materials included in the product rath er than for the value of the product
itself).
(9) Any reference to supplying a product does not include a reference to merely
providing transport services for the pu rposes of enabling the product to be
supplied to any person.
(10) Where a product that has been supplied to a customer is temporarily returned
for any reason to a relevant pe rson by a person (“P”) who is—
(a) the customer to whom the product was supplied, or
(b) the customer’s successor in title,
the return of the product to P is not to be treated as a supply of the product to P.
(11) Where a person (“the ostensible su pplier”) supplies a product to another
person (“the customer”) under a relevant agreement and the ostensiblesupplier— 
(a) carries on the business of financin g the provision of products for others
by means of relevant agreements, and
(b) in the course of that business, acquired an interest in the product
supplied to the customer as a means of financing the provision of theproduct for the customer by a furthe r person (“the effective supplier”),
the effective supplier and not the ostens ible supplier is to  b e  r e g a r d e d  a s
supplying the product to the customer.
(12) In this section— 
“non-monetary consideration” means consideration other than money;
“relevant agreement” means—
(a) a conditional sale agreement (within the meaning of the
Consumer Credit Act 1974);
(b) a credit-sale agreement (within the meaning of that Act);
(c) a hire-purchase agreement (wit hin the meaning of that Act);
(d) an agreement for the hiring of a product (other than a hire-
purchase agreement).
56 Meaning of other expressions used in Part 1
(1) In this Part—
“authorised representative” has th e meaning given by section 51(2);
“business” includes—
(a) any trade or profession;
(b) the activities of a lo cal or public authority;5
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(c) the activities of a government department;
(d) the activities of a charity;
“compliance notice” has the meaning given by section 28(2);
“consumer” means an individual acting for purposes that are wholly or
mainly outside the individual’s business;
“ c u s t o m e r ” ,  i n  r e l a t i o n  t o  a  p r o d u c t ,  m e a n s  a n y  p e r s o n  t o  w h o m  t h e
product is supplie d, other than—
(a) a relevant person acting in th at capacity in relation to the
product, or
(b) an authorised representative of  a manufacturer of the product
in its capacity of acting on behal f of the manufacturer in relation
to the product;
“distributor” has the meaning given by section 7(5);
“the enforcement authority” means—
(a) the Secretary of State, or
(b) any person authorised to exerci se a function of  the Secretary of
State by an agreement under section 27;
“enforcement function” has the meaning given by section 27(5);
“enforcement notice” means—
(a) a compliance notice,
(b) a stop notice, or
(c) a recall notice;
“excepted product” has the me aning given by section 6(1);
“importer” has the meaning given by section 7(4);“internet-connectable product” has the meaning given by section 5(1);
“manufacturer” has the meaning given by section 7(3);
“network-connectable product” has the meaning given by section 5(3);“penalty notice” has the mean ing given by section 36(2);
“recall notice” has the meaning given by section 30(3);
“relevant connectable product” ha s the meaning given by section 4;
“relevant person” has the meaning given by section 7(2);
“relevant security requirem ent”, in relation to a relevant person, means a
security requirement applying  to the relevant person;
“security requirement” is to be read in accordance with section 1(1) and
(2);
“statement of compliance” has the meaning given by section 9(3);
“stop notice” has the meanin g given by section 29(2);
“supply” is to be read in accordance with section 55;
“UK consumer connectable product” has the meaning given by section 54.
(2) In this Part any reference to making a product available in the United Kingdom
is a reference to supplying, or offering to  supply, the product to a person in the
United Kingdom.5
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PART 2
TELECOMMUNICATIONS  INFRASTRUCTURE
Persons able to confer code rights
57 Meaning of “occupier” in relation to land occupied by an operator
In paragraph 105 of the electronic  communications code (meaning of
“occupier”), after sub-paragraph (6) insert—
“(6A) Sub-paragraph (6B) applies in relation to land which is occupied
exclusively by an operator (or oper ators) exercising code rights in
relation to the land.
(6B) References in this code to an occupier of the land include—
(a) any person other than the oper ator (or operators) who for the
time being exercises powers of  management or control over
the land, or
(b) if there is no person within paragraph (a), every person other
than the operator (or operator s) whose intere st in the land
would be prejudicially affected by  the exercise of a code right
in relation to the land.”
Rights to upgrade and share apparatus
58 Rights under the electronic communications code to share apparatus
(1) The electronic communication s code is amended as follows.
(2) In paragraph 3 (meaning of “code right”)—
(a) the existing wording becomes sub-paragraph (1);
(b) in sub-paragraph (1)—
(i) after paragraph (c) insert—
“(ca) to share with anot her operator the use of
electronic communications apparatus which thefirst operator keeps inst alled on, under or over
the land,”;
(ii) after paragraph (e) insert—
“(ea) to carry out any works on the land for the
purposes of, or in connection with, sharing withanother operator the use of electroniccommunications apparatus which the firstoperator keeps installed on, under or over the
land or elsewhere,”;
(iii) after paragr aph (f) insert—
“(fa) to enter the land fo r the purposes of, or in
connection with, sharin g with another operator
the use of electronic communications apparatus
which the first operator keeps installed on,under or over the land or elsewhere,”;5
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(c) after sub-paragraph (1) insert—
“(2) In sub-paragraph (1), referenc es to “the first operator” are to
the operator mentioned in th e opening words of that sub-
paragraph.”
(3) For paragraph 4 (the statutory purposes) substitute—
“4 (1) In this code “the statutory purp oses”, in relation to an operator,
means—
(a) in relation to sharing rights, the purposes of enabling the
provision by other operator s of their networks, and
(b) in relation to rights other than sharing rights—
(i) the purposes of providin g the operator’s network, or
(ii) the purposes of providin g an infrastructure system.
(2) In sub-paragraph (1), “sharing ri ght” means a right within paragraph
3(1)(ca), (ea) or (fa).”
(4) In paragraph 9 (confe rral of code rights)—
(a) the existing wording becomes sub-paragraph (1);
(b) after that sub- paragraph insert—
“(2) But in a case where an operator (“the first operator”) has the
right to share the use of electronic communications apparatus
with another operator (“the se cond operator”) under or by
virtue of an agreement under this Part, sub-paragraph (1)
does not prevent the agreement from providing for the firstoperator to permit  the second operator to exercise, in
connection with the sharing, a code right conferred on the
first operator by the agreement.”
(5) The amendments made by this section do not affect any rights conferred before
the coming into force of this section by an agreement under Part 2 of the
electronic communications code.
59 Upgrading and sharing of a pparatus: subsisting agreements
(1) Schedule 2 to the Digital Economy Ac t 2017 (the electr onic communications
code: transitional provisio n) is amended as follows.
(2) In the italic heading before paragraph 5, omit “, upgrading and sharing”.
(3) In paragraph 5 (exclusion of assignment etc provisions)—
(a) in sub-paragraph (1), for the word s from the beginning to “apparatus)”
substitute “Paragraph 16 of the new code (assignment of code rights)”,and
(b) in sub-paragraph (2), for “Par t 3” substitute “Paragraph 16”.
(4) After paragraph 5 insert—
“Upgrading and sharing provisions
5A Paragraph 17 of the new code (power for operator to upgrade or
share apparatus) applies in relation  to an operator who is a party to
a subsisting agreement, but as if for sub-paragraphs (1) to (6) there5
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were substituted—
“(1) This paragraph applies where—
(a) an operator (“the main operator”) keeps electronic
communications apparatus installed under land, and
(b) the main operator is a party to a subsisting agreement in
relation to the electronic communications apparatus.
(2) If the conditions in sub-paragrap hs (3), (4) and (6) are met, the
main operator may—
(a) upgrade the electronic communications apparatus, or
(b) share the use of the electr onic communications apparatus
with another operator.
(3) The first condition is that the upgrading or sharing has no adverse
impact on the land.
(4) The second condition is that the upgrading or sharing imposes no
burden on any person with an interest in the land.
(5) For the purposes of sub-paragr aph (4) a burden includes anything
that—
(a) has an adverse effect on the person’s enjoyment of the
land, or
(b) causes loss, damage or expense to the person.
(6) The third condition is that, before the beginning of the period of 21
days ending with the day on wh ich the main operator begins to
upgrade the electronic communicat ions apparatus or (as the case
may be) share its use, the main op erator attaches a notice, in a
secure and durable manner, to a conspicuous object on therelevant land.
(7) A notice attached for the purp oses of sub-paragraph (6) must—
(a) be attached in a position wh ere it is reasonably legible,
(b) state that the main operator intends to upgrade the
electronic communications a pparatus or (as the case may
be) share its use with another operator,
(c) state the date on which the main operator intends to begin
to upgrade the electronic communications apparatus or (asthe case may be) share its use with another operator,
(d) state, in a case where the main operator intends to share
the use of the electronic communications apparatus with
another operator, the name of the other operator, and
(e) give the name of the main op erator and an address in the
United Kingdom at which the main operator may becontacted about the upgrading or sharing.
(8) Any person giving a notice at that address in respect of that
electronic communications apparatus is to be treated as havingbeen given that address for th e purposes of paragraph 91(2).
(9) Any agreement under Part 2 of this code is void to the extent
that—
(a) it prevents or limits the up grading or sharing, in a case
where the conditions mentioned in sub-paragraphs (3), (4)5
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and (6) are met, of any electronic communications
apparatus to which the agreement relates that is installedunder land, or
(b) it makes upgrading or sh aring of such electronic
communications apparatus subject to conditions to be metby the operator (including a condition requiring thepayment of money).
(10) Nothing in this paragraph is to be read as conferring a right on the
main operator to enter the land  for the purpose of upgrading or
sharing the use of the electr onic communications apparatus.
(11) References in this para graph to sharing electronic
communications apparatus include carrying out works to theelectronic communications appara tus to enable such sharing to
take place.
(12) In this paragraph—
“the relevant land” means—
(a) in a case where the main operator has a right to
enter the land under which the electronic
communications apparatus is installed, that land;
(b) in any other case, the la nd on which works will be
carried out to enable the upgrading or sharing totake place or, where there is more than one set ofworks, the land on which each set of works will becarried out;
“subsisting agreement” has th e meaning given by paragraph
1(4) of Schedule 2 to the Digital Economy Act 2017.”
60 Upgrading and sharing of apparatus installed before 29 December 2003
(1) The electronic communication s code is amended as follows.
(2) In paragraph 15 (introductory), in pa ragraph (b), for the words “to which such
an agreement relates”  substitute “which—
(i) is electronic communications apparatus to which
such an agreement relates, or
(ii) is electronic communic ations appara tus installed
before 29 December 2003”.
(3) After paragraph 17 insert—
“17A(1) This paragraph applies where—
(a) an operator (“the main operator”) keeps electronic
communications apparatus installed under land,
(b) the main operator is not a party to an agreement under Part 2
o f  t h i s  c o d e  i n  r e l a t i o n  t o  the electronic communications
apparatus, and
(c) the electronic communicat ions apparatus was installed
before 29 December 2003.
(2) If the conditions in sub-paragraphs  (3), (4) and (6) are met, the main
operator may—
(a) upgrade the electronic communications apparatus, or5
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(b) share the use of the electr onic communications apparatus
with another operator.
(3) The first condition is that the upgrading or sharing has no adverse
impact on the land.
(4) The second condition is that the upgrading or sharing imposes no
burden on any person with an interest in the land.
(5) For the purposes of sub-paragraph (4) a burden includes anything
that—
(a) has an adverse effect on the person’s enjoyment of the land,
or
(b) causes loss, damage or expense to the person.
(6) The third condition is that, before  the beginning of the period of 21
days ending with the day on wh ich the main operator begins to
upgrade the electronic communicat ions apparatus or (as the case
may be) share its use, the main operator attaches a notice, in a secureand durable manner, to a conspicuou s object on the relevant land.
(7) A notice attached for the purp oses of sub-paragraph (6) must—
(a) be attached in a position wh ere it is reasonably legible,
(b) state that the main operator intends to upgrad e the electronic
communications apparatus or (as the case may be) share its
use with another operator,
(c) state the date on which the main operator intends to begin to
upgrade the electronic communic ations apparatus or (as the
case may be) share its use with another operator,
(d) state, in a case where the main  operator intends to share the
use of the electronic communica tions apparatus with another
operator, the name of the other operator, and
(e) give the name of the main operator and an address in the
United Kingdom at which the main operator may becontacted about the upgrading or sharing.
(8) Any person giving a notice at that address in respect of that
electronic communications  apparatus is to be treated as having been
given that address for the pu rposes of paragraph 91(2).
(9) Nothing in this paragraph is to be read as conferring a right on the
main operator to enter the land  for the purpose of upgrading or
sharing the use of the electr onic communications apparatus.
(10) References in this paragraph to  sharing electronic communications
apparatus include carrying out works to the electronic
communications apparatus to enable such sharing to take place.
(11) In this paragraph “the relevant land” means—
(a) in a case where the main operator has a right to enter the land
under which the electronic communications apparatus isinstalled, that land;
(b) in any other case, the land on which works will be carried out
to enable the upgrading or sh aring to take place or, where
there is more than one set of works, the land on which eachset of works will be carried out.”5
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(4) In paragraph 24 (determination of consideration for agreement), in sub-
paragraph (3)(b), for “and 17” substitute “, 17 and 17A”.
Renewal of business tenancies conferring code rights
61 Rent under tenancies conferring code rights: England and Wales
(1) The Landlord and Tenant Act 1954 is amended as follows.
(2) After section 34 insert—
“34A Rent under new tenancy conferring code rights
(1) This section applies where— 
(a) the current tenancy is a su bsisting agreement within the
meaning of Schedule 2 to the Digital Economy Act 2017, and
(b) the primary purpose of the current tenancy is to confer code
rights.
(2) In default of agreement between the landlord and the tenant as
mentioned in section 34(1), the rent payable under a new tenancygranted by order of the court under th is Part of this Act shall be such
amount or amounts determined by the court as represent the market
value of the landlord’s agreement to confer the code rights conferred bythe new tenancy.
(3) For this purpose the market value of a landlord’s agreement to confer
code rights is, subject to  subsection (4), the amou nt that, at the date the
market value is assessed, a willing buyer would pay a willing seller for
the agreement— 
(a) in a transaction at arm’s length,
(b) on the basis that the buyer and seller were acting prudently and
with full knowledge of the transaction, and
(c) on the basis that the transa ction was subject to the other
provisions of the tenancy granted by order of the court.
(4) The market value must be assessed on these assumptions— 
(a) that the rights to which the transaction relates do not relate to
the provision or use of an el ectronic communications network;
(b) that paragraphs 16, 17 and 17A of the electronic
communications code (assignment, and upgrading andsharing) do not apply to the rights or any apparatus to whichthose rights could apply;
(c) that the rights in all other respects correspond to the code rights;
(d) that there is more than one site which the buyer could use for
the purpose for which the buyer seeks the rights.
(5) In this section—
references to “code rights” are to be read—
(a) in relation to the current tenancy, in accordance with
paragraph 3 of Schedule 2 to the Digital Economy Act
2017;
(b) in relation to a new tenancy granted by order of the
court under this Part of th is Act, in accordance with
paragraph 3 of the electronic communications code;5
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“the electronic communications code” means the code set out in
Schedule 3A to the Communications Act 2003;
“electronic communications network” has the meaning given by
section 32(1) of  that Act.”
(3) In section 24C (amount of interim rent where new tenancy of whole premises
granted and landlord not opposed)—
(a) in subsection (3), in paragraph (b)—
(i) after “section 34” insert “or 34A”;
(ii) after “of this Act” insert “(as the case may be)”;
(b) in subsection (4)—
(i) after “section 34” insert “or 34A”;
(ii) after “of this Act” insert “(as the case may be)”;
(c) in subsection (7), afte r “of this Act” insert “, or (as the case may be)
subsections (2) to (4) of section 34A of this Act,”.
(4) In section 24D (amount of interim rent in any other case), in subsection (2), after
“of this Act” insert “, or (as the case may be) subsections (2) to (4) of section 34A
of this Act,”.
(5) In section 34 (rent under new tena ncy), after subsection (4) insert—
“(5) The court’s powers under this se ction to determine the rent payable
under a tenancy granted by order of the court under this Part of this Act
do not apply where—
(a) the current tenancy is a su bsisting agreement within the
meaning of Schedule 2 to the Digital Economy Act 2017, and
(b) the primary purpose of the current tenancy is to confer code
rights (within the meaning of paragraph 3 of that Schedule).
(See instead section 34A.)”
62 Rent under tenancies conferring code rights: Northern Ireland
(1) The Business Tenancies (Northern Irelan d) Order 1996 (S.I. 1996/725 (N.I. 5))
is amended as follows.
(2) In Article 18 (rent under new te nancy), after paragraph (5) insert—
“(6) Paragraphs (2) to (5) do not apply to a new tenancy granted in
pursuance of an order of the Lands Tribunal where—
(a) the current tenancy is a su bsisting agreement within the
meaning of Schedule 2 to the Digital Economy Act 2017, and
(b) the primary purpose of the current tenancy is to confer code
rights (within the meaning of paragraph 3 of that Schedule).
(See instead Article 18A.)”
(3) After Article 18 insert—
“18A Rent under new tenancy conferring code rights
(1) This Article applies where— 
(a) the current tenancy is a su bsisting agreement within the
meaning of Schedule 2 to the Digital Economy Act 2017, and
(b) the primary purpose of the current tenancy is to confer code
rights.5
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(2) In the absence of agreement between the landlord and the tenant as
mentioned in Article 18(1), the rent payable under a new tenancygranted in pursuance of an order of the Lands Tribunal shall be suchamount or amounts determined by the Lands Tribunal as represent themarket value of the landlord’s agreement to confer the code rightsconferred by the new tenancy.
(3) For this purpose the market value of a landlord’s agreement to confer
code rights is, subject to  paragraph (4), the amount  that, at the date the
market value is assessed, a willing buyer would pay a willing seller for
the agreement— 
(a) in a transaction at arm’s length,
(b) on the basis that the buyer and seller were acting prudently and
with full knowledge of the transaction, and
(c) on the basis that the transa ction was subject to the other
provisions of the tenancy grante d in pursuance of the order of
the Lands Tribunal.
(4) The market value must be assessed on these assumptions— 
(a) that the rights to which the transaction relates do not relate to
the provision or use of an el ectronic communications network;
(b) that paragraphs 16, 17 and 17A of the electronic
communications code (assignment, and upgrading andsharing) do not apply to the rights or any apparatus to whichthose rights could apply;
(c) that the rights in all other respects correspond to the code rights;
(d) that there is more than one site which the buyer could use for
the purpose for which the buyer seeks the rights.
(5) In this Article—
references to “code rights” are to be read—
(a) in relation to the current tenancy, in accordance with
paragraph 3 of Schedule 2 to the Digital Economy Act
2017;
(b) in relation to a new tenancy granted in pursuance of an
order of the Lands Tribunal, in accordance withparagraph 3 of the electronic communications code;
“the electronic communications code” means the code set out in
Schedule 3A to the Communications Act 2003;
“electronic communications network” has the meaning given by
section 32(1) of  that Act.”
63 Compensation relating to code rights: England and Wales
After section 34A of the Landlord and Tenant Act 1954 (inserted by section 61)
insert—
“34B Compensation for exercise of code rights
(1) This section applies where—
(a) the court grants a new tenancy by an order under this Part of
this Act,
(b) the primary purpose of the new te nancy is to confer code rights,5
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(c) the tenancy subsisting at the time the order is made is a
subsisting agreement within the meaning of Schedule 2 to the
Digital Economy Act 2017, and
(d) the primary purpose of that te nancy was to confer code rights.
(2) The court may order the tenant to pay compensation to the landlord for
any damage or loss that has been su stained or will be sustained by the
landlord as a result of the exercise of any of the code rights conferred
by the new tenancy.
(3) An order under subsec tion (2) may be made—
(a) at the time the court makes th e order granting the new tenancy
under this Part of this Act, or
(b) at any time afterwards, on the application of the landlord.
(4) An order under su bsection (2) may—
(a) specify the amount of compensation to be paid by the tenant, or
(b) give directions for the dete rmination of any such amount.
(5) Directions under subsec tion (4)(b) may provide—
(a) for the amount of compensation to be agreed between the
landlord and the tenant;
(b) for any dispute about that a m o u n t  t o  b e  d e t e r m i n e d  b y
arbitration.
(6) An order under subsection (2) may provide for the tenant—
(a) to make a lump sum payment,
(b) to make period ical payments,
(c) to make a payment or payments on the occurrence of an event
or events, or
(d) to make a payment or payments in such form or at such other
time or times as the court may direct.
(7) Section 34C makes further provisio n about compensation in relation to
the exercise of code rights conferred by a tenancy under this Part of this
Act.
(8) In this section, references to “code rights” are to be read—
(a) in relation to the new tenancy, in accordance with paragraph 3
of the electronic comm unications code set out in Schedule 3A to
the Communications Act 2003;
(b) in relation to a subsisting agreement within the meaning of
Schedule 2 to the Digital Economy Act 2017, in accordance withparagraph 3 of that Schedule.
34C Further provision about compensation under section 34B
(1) This section applies to the court’s power to order a tenant to pay
compensation to a landlord under section 34B (compensation forexercise of code rights).
(2) Depending on the circumstances, the power of the court to order the
payment of compensation for damage or loss includes power to order
payment for—5
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(a) expenses (including reasonable legal and valuation expenses,
subject to the provisions of any enactment about the powers ofthe court to award costs),
(b) diminution in the value of the land, and
(c) costs of reinstatement.
(3) For the purposes of assessing such  compensation for diminution in the
value of land, rules (2) to (4) set out in section 5 of the LandCompensation Act 1961 apply with any necessary modifications asthey apply for the purposes of assessing compensation for the
compulsory purchase of any interest in land.
(4) Section 10(1) to (3) of the Land Compensation Act 1973 (compensation
in respect of mortgages, trusts of land and settlements) applies in
relation to such compensation for diminution in the value of land as itapplies in relation to compensa tion under Part 1 of that Act.
(5) Where a landlord has a claim for compensation to which this section
applies and a claim for compensation under any other provision of thisAct, or any provision of  the electronic communications code, in respect
of the same loss, the compensation payable to the landlord must notexceed the amount of the landlord’s loss.
(6) In this section “the electronic communications code” means the code set
out in Schedule 3A to th e Communications Act 2003.”
64 Compensation relating to code  rights: Northern Ireland
(1) The Business Tenancies (Northern Irelan d) Order 1996 (S.I. 1996/725 (N.I. 5))
is amended as follows.
(2) After Article 18A (inser ted by section 62) insert—
“18B Compensation for exercise of code rights
(1) This Article applies where—
(a) the Lands Tribunal makes an order for the grant of a new
tenancy,
(b) the primary purpose of the new te nancy is to confer code rights,
(c) the tenancy subsisting at the time the order is made is a
subsisting agreement within the meaning of Schedule 2 to the
Digital Economy Act 2017, and
(d) the primary purpose of that te nancy was to confer code rights.
(2) The Lands Tribunal may order the tenant to pay compensation to the
landlord for any damage or loss that has been sustained or will besustained by the landlord as a result  of the exercise of the code rights
conferred by the new tenancy.
(3) An order under paragraph (2) may be made—
(a) at the time the Lands Tribunal makes the order for the grant of
the new tenancy, or
(b) at any time afterwards, on the application of the landlord.
(4) An order under paragraph (2) may—
(a) specify the amount of compensation to be paid by the tenant, or
(b) give directions for the dete rmination of any such amount.5
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(5) Directions under para graph (4)(b) may provide—
(a) for the amount of compensation to be agreed between the
landlord and the tenant;
(b) for any dispute about that a m o u n t  t o  b e  d e t e r m i n e d  b y
arbitration.
(6) An order under paragraph (2 ) may provide for the tenant—
(a) to make a lump sum payment,
(b) to make period ical payments,
(c) to make a payment or payments on the occurrence of an event
or events, or
(d) to make a payment or payments in such form or at such other
time or times as the Lands Tribunal may direct.
(7) Article 18C makes further provisio n about compensation in relation to
the exercise of code rights conferre d by a tenancy granted in pursuance
of an order of th e Lands Tribunal.
(8) In this Article, references to  “code rights” are to be read—
(a) in relation to the new tenancy, in accordance with paragraph 3
of the electronic comm unications code set out in Schedule 3A to
the Communications Act 2003;
(b) in relation to a subsisting agreement within the meaning of
Schedule 2 to the Digital Economy Act 2017, in accordance withparagraph 3 of that Schedule.
18C Further provision about compensation under Article 18B
(1) This Article applies to the Lands Tr ibunal’s power to order a tenant to
pay compensation to a landlord under Article 18B (compensation forexercise of code rights).
(2) Depending on the circumstances, the power of the Lands Tribunal to
order the payment of compensation fo r damage or loss includes power
to order payment for—
(a) expenses (including reasonable legal and valuation expenses,
subject to any statutory provis ion about the powers of the
Lands Tribunal to award costs),
(b) diminution in the value of the land, and
(c) costs of reinstatement.
(3) For the purposes of assessing such  compensation for diminution in the
value of land, rules (2) to (4) se t out in Article 6(1) of the Land
Compensation (Northern Ireland) Order 1982 (S.I. 1982/712 (N.I. 9))apply with any necessary  modifications as they apply for the purposes
of assessing compensation for the compulsory acquisition of anyinterest in land.
(4) Article 13(1) to (3) of the Land Acquisition and Compensation
(Northern Ireland) Order 1973 (S.I. 1973/1896 (N.I. 21)) (compensationin respect of mortgages, trusts for sale and settlements) applies in
relation to such compensation for diminution in the value of land as itapplies in relation to  compensation under Part 2 of that Order.
(5) Where a landlord has a claim for compensation to which this Article
applies and a claim for compensation under any other provision of this5
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Order, or any provision of the el ectronic communications code, in
respect of the same loss, the compensation payable to the landlord mustnot exceed the amount of the landlord’s loss.
(6) In this Article “the electronic co mmunications code” means the code set
out in Schedule 3A to th e Communications Act 2003.”
(3) In Article 42 (enforcement of orders of Lands Tribunal), in paragraph (1), after
“18(5),” insert “18B(2),”.
65 Jurisdiction of court in relation to tenancies in England and Wales
In section 63 of the Landlord and Tenant Act 1954 (jurisdiction of court for
purposes of Parts 1 and 2), after subsection (2) insert—
“(2A) The Secretary of State may by regulations—
(a) provide for the jurisdiction of the court under Part 2 to be
exercised by the First-tier Tribun al or the Upper Tribunal in a
case where—
(i) the current tenancy is a su bsisting agreement within the
meaning of Schedule 2 to th e Digital Economy Act 2017,
and
(ii) the primary purpose of the current tenancy is to confer
code rights (within the mean ing of paragraph 3 of that
Schedule);
(b) provide for the jurisdiction of  the court under section 34B to be
exercised by the First-tier Tr ibunal or the Upper Tribunal.
(2B) Regulations unde r subsection (2A)—
(a) are to be made by statutory instrument;
(b) may make different provis ion for different purposes;
(c) may include transition al or saving provision.
(2C) A statutory instrument containing regulations under subsection (2A) is
subject to annulment in pursuance of  a resolution of either House of
Parliament.”
Unresponsive occupiers
66 Unresponsive occupiers
(1) In the electronic communications code, after Part 4 insert—
“P
ART 4ZA
CODE RIGHTS  IN RESPECT  OF LAND : UNRESPONSIVE  OCCUPIERS
Introductory
27ZA This Part of this code makes prov ision for the court to make an order
imposing an agreement which pr ovides that code rights are
exercisable by an operator in respec t of relevant land for the purpose
of providing an electronic co mmunications service to premises
where the occupier or another person  with an interest  in the relevant5
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land has not responded to repeated notices given by the operator
seeking agreement to confer or ot herwise be bound by the rights.
Circumstances in which an application for an order under this Part can be made
27ZB(1) Paragraphs 27ZC and 27ZD apply where—
(a) an operator intends to provid e an electronic communications
service to premises (“th e relevant premises”),
(b) in order to provide that service, the operator—
(i) needs to install electron ic communications apparatus
under or over relevant land, and
(ii) does not need to install electronic communications
apparatus on the relevant land,
(c) in order to install and operate that apparatus, the operator
requires a person (the “required grantor”) to agree—
(i) to confer on the operator a code right in respect of the
relevant land, or
(ii) otherwise to be bound by such a code right
exercisable by the operator,
(d) the operator has, on or after the day on which section 66 of the
Product Security and Telecommu nications Infrastructure Act
2022 comes fully into force, given the required grantor anotice in accordance with paragraph 20(2) of this codeseeking that agreement (the “request notice”), and
(e) the required grantor has no t responded to the operator.
(2) But paragraphs 27ZC and 27ZD do not apply where—
(a) the relevant premises are pr emises within the scope of Part
4A which are occupied under a lease, and
(b) the relevant land is “connected land” within the meaning of
paragraph 27B(3) in relation to the relevant premises.
(3) In this Part “relevant land” means—
(a) land that is not covered by buildings or used as a garden,
park or other recreational area, or
(b) land that is covered by buildings or is used as a garden, park
or other recreational area and is of a description specified inregulations made by the Secretary of State.
(4) Before making regulations under sub-paragraph (3)(b ), the Secretary
of State must consult—
(a) operators,
(b) persons appearing to the Se cretary of State to represent
owners of interests in land who ar e likely to be affected by the
regulations, and
(c) any other persons the Secretary of State thinks appropriate.
(5) For the purposes of this paragrap h, the required grantor responds to
the operator if the required grantor—
(a) agrees or refuses, in writing, to confer or otherwise be bound
by the code right mentioned in the request notice on theterms that the operator seeks, or
(b) otherwise acknow ledges the request notice in writing.5
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Requirements to be met before appl ying for an order under this Part
27ZC(1) Before applying to the court for an order under this Part (a “Part 4ZA
order”) (see paragraph 27ZE(2)) th e operator must, in accordance
with this paragraph, gi ve the required grantor—
(a) two warning notices, and
(b) a final notice.
(2) A “warning notice” is a notice in writing which—
(a) includes a copy of the request notice,
(b) states that it is the first or (a s the case may be) second of three
notices that, unless the requir ed grantor responds to the
operator, will allow the operat or to apply for a Part 4ZA
order,
(c) explains the effect of a Part 4ZA order, and
(d) contains any other specified information.
(3) The first warning notice may only be given after the end of the period
of 14 days beginning with the day on which the request notice was
given.
(4) The second warning notice may only be given after the end of the
period of 14 days begi nning with the day on which the first one was
given.
(5) A “final notice” is a notice in writing which—
(a) includes a copy of the request notice,
(b) states that unless the required grantor responds to the
operator before the end of the specified period, the operatorintends to apply for a Part 4ZA order,
(c) explains the effect of a Part 4ZA order, and 
(d) contains any other specified information.
(6) A final notice may only be gi ven within the permitted period.
(7) The “permitted period” means the period which—
(a) begins immediately after the end of the period of 14 days
beginning with the day on wh ich the second warning notice
was given, and
(b) ends at the end of the period of 28 days begi nning with the
day on which the second warning notice was given.
(8) The Secretary of State may by regulations specify other conditions
that the operator must satisfy befo re giving the required grantor a
final notice.
(9) In this paragraph “specified” means specified in regulations made by
the Secretary of State.
27ZD(1) The operator may apply to the court for a Part 4ZA order in relation
to the code right mentioned in the request notice if—
(a) no Part 4ZA order imposing an agreement between the
operator and the required grantor in respect of the code rightsought in the request notice has previously been made,
(b) the operator has satisfied the notice requirements set out in
paragraph 27ZC,5
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(c) the period within which the required grantor must respond
to the final notice has ende d (see paragraph 27ZC(5)(b)),
(d) the required grantor has not responded to the operator, and
(e) the operator has satisfied any other specified conditions.
(2) An application for a Part 4ZA or der must be accompanied by such
evidence as may be specified.
(3) An application for a Part 4ZA order may not be made after the end
of the specified period beginning with the day on which the final
notice is given.
(4) The operator must give the requir ed grantor notice of an application
for a Part 4ZA order.
(5) For the purposes of this paragrap h, the required grantor responds to
the operator if the required grantor—
(a) agrees or refuses, in writing, to confer or otherwise be bound
by the code right mentioned in the request notice on theterms that the operator seeks, or
(b) otherwise acknowle dges, in writing, the request notice, a
warning notice or the final notice.
(6) In this paragraph “specified” means specified in regulations made by
the Secretary of State.
When a Part 4ZA order can be made and its effect
27ZE(1) The court may make a Part  4ZA order if (and only if)—
(a) it is satisfied that the requirements for applying for the order
have been met, and
(b) the required grantor has not objected to the making of the
order.
(2) A Part 4ZA order is an order whic h imposes on the operator and the
required grantor an agreement between them—
(a) by which the required grantor confers on the operator the
code right identified in the request notice in respect of therelevant land so identified, or
(b) which provides for the code ri ght identified in that notice,
which is exercisable by the operator in respect of the relevantland so identified, otherwise to bind the required grantor.
(3) In this code, a “Part 4ZA code right” means a code right which is
conferred by or otherwise binds th e required grantor pursuant to an
agreement imposed by a Part 4ZA order.
(4) The terms of an agreement imposed by a Part 4ZA order are to be
those specified in regulations ma de by the Secretary of State.
(5) Regulations under sub-paragraph (4 ) must, in particular, provide for
an agreement to include terms—
(a) relating to the provision by  the operator to the required
grantor of details of the works to  be carried out in the exercise
of the Part 4ZA code right (“the works”);5
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(b) relating to the obtaining by  the operator of any consent,
permit, licence, permission, au thorisation or approval which
is necessary for the works to be carried out;
(c) relating to the giving of notice  by the operator to the required
grantor or other specified pers ons before entering on the
relevant land in the exercise of the Part 4ZA code right or
carrying out the works;
(d) restricting the operator’s right to enter on the relevant land to
specified times, except in cases of emergency;
(e) as to the manner in which the works are to be carried out by
the operator;
(f) relating to the restoration by the operator of the relevant land
at the end of the works, to the reasonable satisfaction of the
required grantor;
(g) relating to the need for insurance cover or indemnification of
the required grantor;
(h) prohibiting the operator fr om installing apparatus on the
relevant land (so that the operator may only install apparatusunder or over the relevant land) in the exercise of the Part4ZA code right;
(i) relating to the maintenance or  upgrading by the operator of
apparatus installed under or ov er the relevant land (“the
apparatus”);
(j) imposing requirements or restrictions on the required
grantor for the purposes of—
(i) preventing damage to the apparatus,
(ii) facilitating access to the apparatus for the operator, or
(iii) otherwise preventing or minimising disruption to the
operation of the apparatus;
(k) relating to assignment of the agreement;
(l) aimed at ensuring that nothing done by the operator in the
exercise of the Part 4ZA code right unnecessarily prevents or
inhibits the provision of an electronic communicationsservice by any other operator.
(6) Before making regulations under sub-paragraph (4), the Secretary of
State must consult—
(a) operators,
(b) persons appearing to the Se cretary of State to represent
owners of interests in land who ar e likely to be affected by the
regulations, and
(c) any other persons the Secretary of State thinks appropriate.
(7) In sub-paragraph (5), “specified” me ans specified, or of a description
specified, in the regulations.
Expiry of Part 4ZA code rights
27ZF(1) A Part 4ZA code right ceases to  be conferred on the operator by, or
otherwise to bind, the required grantor—
(a) if a replacement agreement comes into effect, in accordance
with that agreement,5
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(b) if the court decides to refuse  an application by the operator
for the imposition of a replacement agreement, in accordancewith that decision, or
(c) if the right has not ceased to have that effect as mentioned in
paragraph (a) or (b) before the end of the specified period
beginning with the day on wh ich the agreement imposed by
the Part 4ZA order comes into effect, at the end of that period.
(2) In sub-paragraph (1) a “replacement agreement”, in relation to a Part
4ZA code right, means an agreement under Part 2 by which therequired grantor confers a code right on the operator, or otherwisea g r e e s  t o  b e  b o u n d  b y  a  c o d e  r i g h t  w h i c h  i s  e x e r c i s a b l e  b y  t h eoperator, where that right is in re spect of the same land as the Part
4ZA code right.
(3) In sub-paragraph (1)(c) “specified  period” means the period, of no
more than 6 years, specified in regulations made by the Secretary ofState.
(4) The required grantor has the right, subject to and in accordance with
Part 6 of this code, to require th e operator to remove any electronic
communications apparatus placed under or over the relevant land inthe exercise of a Part 4ZA code right which has ceased to beconferred on the operator by, or  otherwise to bind, the required
grantor.
Compensation
27ZG(1) This paragraph applies where the court has made a Part 4ZA order.
(2) The court may, on the applicatio n of the required grantor, order the
operator to pay compensation to th e required grantor for any loss or
damage that has been sustained or will be sustained by the requiredgrantor as a result of the exercise  by the operator of the Part 4ZA
code right.
(3) An application for an order under this paragraph may be made at
any time after the Part 4ZA order is  made (including at a time when
the Part 4ZA code right has ceased  to be conferred on the operator
by, or otherwise to bind, the required grantor).
(4) An order under this paragraph may—
( a ) s p e c i f y  t h e  a m o u n t  o f  c o m p e n s a t i o n  t o  b e  p a i d  b y  t h e
operator, or
(b) give directions for the dete rmination of any such amount.
(5) Directions under sub-pa ragraph (4)(b) may provide—
(a) for the amount of compensati on to be agreed between the
operator and the required grantor;
(b) for any dispute about that amount to be determined by
arbitration.
(6) An order under this paragrap h may provide for the operator—
(a) to make a lump sum payment,
(b) to make period ical payments,5
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(c) to make a payment or payments on the occurrence of an
event or events, or
(d) to make a payment or payments in such other form or at such
other time or times as the court may direct.
(7) Paragraph 84 makes further provision about compensation in the
case of a Part 4ZA order.
Interpretation of this Part
27ZH In this Part—
“Part 4ZA order” has the meaning given by paragraph 27ZC(1);
“premises” includes a part of premises;
“request notice” has the me aning given by paragraph
27ZB(1)(d);
“required grantor” has the meaning given by paragraph
27ZB(1)(c).”
(2) The Schedule contains consequential amendments.
Interim arrangements
67 Arrangements pending determination of certain applications under code
(1) Paragraph 35 of the electronic communications code (arrangements pending
determination of an application under paragraph 32 or 33) is amended asfollows.
(2) In sub-paragraph (2)—
(a) at the end of paragraph (a) insert “or”, and
(b) omit paragraph (c) (and the “or” preceding it).
(3) After sub-para graph (2) insert—
“(2A) The operator or the site pr ovider may apply to the court for—
(a) an order specifying the payments of consideration to be
made by the operator to th e site provider under the
agreement relating to the ex isting code right until the
application for an order under paragraph 32(1)(b) or 33(5) hasbeen finally determined;
(b) an order otherwise modifying the terms of that agreement
until that time.
(2B) An order under sub-paragraph (2 A)(a) may provide for the order to
have effect from the date of the application for the order.”
(4) In sub-paragraph (3), fo r “under sub-paragraph (2)(c )” substitute “referred to
in sub-paragraph (2A)(a)”.
(5) After sub-para graph (3) insert—
“(4) In determining whether to ma ke an order under sub-paragraph
(2A)(b), the court must have regard  to all the circumstances of the
case, and in particular to—
(a) the terms of the agreement rela ting to the existing code right,
(b) the operator’s busine ss and technical needs,5
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(c) the use that the site provider is making of the land to which
the agreement relates,
(d) any duties imposed on the site  provider by an enactment, and
(e) the amount of consideration payable by the operator to the
site provider under the agreement.”
(6) In the italic heading before paragraph 35, omit “for payment”.
Disputes under the electronic communications code
68 Use of alternative dispute resolution
(1) The electronic communication s code is amended as follows.
(2) In paragraph 20 (power of court to impose agreement)—
(a) after sub-paragraph (2) insert—
“(2A) The notice must also—
(a) contain information ab out the availability of
alternative dispute resoluti on in the event that the
operator and the relevant person are unable to reachagreement, and
(b) explain the possible consequences of refusing to
engage in alternative dispute resolution.”;
(b) after sub-paragraph (4) insert—
“(5) Before applying for an order under this paragraph, the
operator must, if it is reas onably practicable to do so,
consider the use of one or more  alternative dispute resolution
procedures to reach agreemen t with the relevant person.
(6) The operator may at any time give the relevant person a
notice in writing stating that th e operator wishes to engage in
alternative dispute resolution with the relevant person inrelation to the agreement sought by the operator.”
(3) In paragraph 32 (effect of notice to terminate an agreement)—
(a) after sub-paragraph (3) insert—
“(3A) The counter-notice must also—
(a) contain information ab out the availability of
alternative dispute resoluti on in the event that the
operator and the site provider are unable to reachagreement, and
(b) explain the possible consequences of refusing to
engage in alternative dispute resolution.”;
(b) after sub-paragraph (5) insert—
“(6) Before applying under sub- paragraph (1)(b) for an order
under paragraph 34 the operator must, if it is reasonablypracticable to do so, consider the use of one or morealternative dispute resolution procedures to reach agreement
with the site provider.
(7) The operator or the site provider may at any time give the
other party to the agreement a notice in writing stating that5
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the operator or the site provid er (as the case may be) wishes
to engage in alternative disp ute resolution with the other
party to the agreement in relation to the site provider’s noticeunder paragraph 31.”
(4) In paragraph 33 (modifying the terms of an expired agreement)—
(a) after sub-paragraph (3) insert—
“(3A) Where the notice is given by an operator, it must also—
(a) contain information ab out the availability of
alternative dispute resoluti on in the event that the
operator and the site provider are unable to reachagreement, and
(b) explain the possible consequences of refusing to
engage in alternative dispute resolution.”;
(b) after sub-paragraph (5) insert—
“(6) Before applying under sub-pa ragraph (5) for an order under
paragraph 34 the operator or the site provider (as the case
may be) must, if it is reasonably practicable to do so, considerthe use of one or more alternative dispute resolutionprocedures to reach agreement with the other party.
(7) The operator or the site provider may at any time give the
other party to the agreement a notice in writing stating that
the operator or the site provid er (as the case may be) wishes
to engage in alternative disp ute resolution with the other
party to the agreement in relation to the notice mentioned insub-paragraph (1).”
(5) In paragraph 96 (award of costs by  tribunal), in sub-paragraph (2)—
(a) the wording after “in particul ar” becomes paragraph (a), and
(b) at the end of that pa ragraph insert “, and
(b) any unreasonable refusal by a party to engage in
alternative dispute resolution.”
69 Complaints relating to the conduct of operators
In paragraph 103 of the electronic communications  code (duty for OFCOM to
prepare code of practice), in sub-para graph (1), after pa ragraph (c) insert—
“(ca) the handling by operators of complaints relating to the failure
of operators to comply with the code of practice;”.
Time limits for proceedings
70 Power to impose time limits on the determination of code proceedings
In Chapter 1 of Part 2 of the Communications Act 2003 (electronic5
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communications networks and services), after section 119 insert—
“119A Power to impose time limits on  the determination of certain 
proceedings
(1) The Secretary of State may by regulations provide for specified
proceedings falling within subsection  (2) to be determined within a
specified period.
(2) The proceedings falling within th is subsection are any proceedings in
which there falls to be determined any question arising under, or in
connection with—
(a) the electronic communications code as applied in any person’s
case by a direction under section 106, or
(b) any restriction or condition su bject to which that code applies.
(3) Regulations made under subsecti on (1) may in particular amend or
revoke provision made by the Electronic Communications and
Wireless Telegraphy Regulati ons 2011 (S.I. 2011/1210).
(4) In this section “specified” means  specified in the regulations.”
Rights of network providers in relation to infrastructure
71 Rights of network providers in relation to infrastructure
(1) The Communications Act 2003 is amended as follows.
(2) After section 148 (powers of local au thorities in connection with networks)
insert—
“Rights of network providers in relation to infrastructure
148A Rights of network providers in relation to infrastructure
(1) The Secretary of State may by regulations make provision conferring
rights on network providers in relati on to relevant infrastructure for
the purpose of facilitating the development of public electronic
communications networks.
(2) The provision that may be made by regulations under subsection (1)
includes (among other things)—
(a) provision requiring a person to grant network providers access
to relevant infrastructure for specified purposes if specifiedconditions are met;
(b) provision requiring a person to provide networ k providers with
information relating to relevant infrastructure, or land on, over
or under which that infrastructu re is installed, for specified
purposes if specified conditions are met;
(c) provision in relation to the ca rrying out of works of a specified
description;
(d) provision about requests by  network providers for rights
conferred by the regulations;
(e) provision about th e treatment of information provided in
accordance with the regulations;
(f) provision about disputes  under the regulations;5
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(g) provision enabling or requirin g a specified person to issue
guidance relating to the regulations;
(h) provision about such guid ance, including (among other
things)—
(i) provision about the pu blication of guidance;
(ii) provision requiring specifie d persons, or persons of a
specified description, to be consulted about theguidance;
(iii) provision about reviewing the guidance;
(i) provision requiring regulations under subsection (1) to be
reviewed at specified intervals.
(3) The provision that may be made by  virtue of subsection (2)(d) includes
(among other things)—
(a) provision about the procedur e by which a network provider
may make a request for rights conferred by the regulations,
including provision requiring a network provider to complywith requirements imposed by a specified person in relation to
the making of such a request;
(b) provision about the form in which a request is to be made,
including provision for a specified person to make provisionabout the form of requests;
(c) provision about the refusal of requests, including provision
about the circumstances in wh ich a request may or must be
refused;
(d) provision imposing a duty on a Minister of the Crown to give
an opinion in relation to the refusal of a request;
(e) provision about the effect of  such an opinion, including
provision for the opinion to be binding on specified persons, or
persons of a specified descriptio n, in specified circumstances.
(4) The provision that may be made by  virtue of subsection (2)(f) includes
(among other things ) provision about—
(a) the procedure for the resolution of disputes;
(b) the appointment of a person to determine disputes;
(c) the powers of a person when determining disputes;
(d) time limits within which di sputes must be determined;
(e) appeals in respect of deci sions relating to disputes.
(5) Regulations under subsection (1) may provide for any provision of the
regulations to apply in relation to la nd in which there subsists, or at any
material time subsisted, a Crown intere st as it applies in relation to land
in which no such interest subsists.
(6) Regulations made under subsecti on (1) may in particular amend or
revoke any provision made by the Communications (Access toInfrastructure) Regulations 2016 (S.I. 2016/700).
(7) Before making regulations under su bsection (1) the Secretary of State
must consult—
(a) OFCOM;
(b) such other persons as the Secretary of State considers
appropriate.5
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(8) A statutory instrument containing regulations under this section may
not be made unless a draft of the instrument has been laid before andapproved by a resolution of each House of Parliament.
(9) In this section—
“Crown interest” has the same meaning as in the electronic
communications code (see para graph 104(2) of the code);
“Minister of the Crown” has the meaning given by section 8(1) of
the Ministers of the Crown Act 1975;
“network provider” means a pers on who provides, or intends to
provide, a public electronic communications network;
“public utility” means any of the following—
(a) gas;
(b) electricity;
(c) heating; 
(d) water;
“relevant infrastructure” means infr astructure that is used for the
purpose of providing an y of the following— 
(a) an electronic communications network;
(b) a service consisting of the production, transportation,
transmission or distributi on of a public utility;
(c) a service consisting of the disposal or treatment of waste
water and sewage;
(d) drainage systems;
(e) public lighting;
(f) a transport service;
“specified” means specifie d in the regulations.”
(3) In section 402 (power of Secretary of State to make orders and regulations), in
subsection (2)(a), after “regulations under section” insert “148A or”.
Supplementary provision
72 Power to make consequential amendments
(1) The Secretary of State may by regulati ons make provision th at is consequential
on any provision made by this Part. 
(2) The power to make regulations unde r this section may, in particular, be
exercised by amending, repealing, re voking or otherwise modifying any
provision made by or under primary legi slation passed before, or in the same
session of Parliament as, this Act.
(3) In this section “primary legislation” means—
(a) an Act of Parliament;
(b) a Measure or Act of the National  Assembly for Wales or an Act of
Senedd Cymru;
(c) an Act of the Scottish Parliament;
(d) Northern Ireland legislation.
(4) Regulations under this section that am end or repeal any primary legislation are
subject to the affirmativ e resolution procedure.5
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(5) Any other regulations under this section are subject to the negative resolution
procedure.
73 Meaning of “the electronic communications code”
In this Part, “the electronic commu nications code” means the electronic
communications code set out in Schedule 3A to the Communications Act 2003.
PART 3
FINAL  PROVISIONS
74 Power to make transitio nal or saving provision
(1) The Secretary of State may by regulations make such transitional or saving
provision as the Secretary of State consid ers appropriate in connection with the
coming into force of any provision of this Act. 
(2) Regulations under this section may (among other things) make any
adaptations of any provisions of this Ac t brought into force that appear to be
appropriate in consequence of other provisions of this Act not yet having come
into force.
75 Regulations
(1) Any power of the Secretary of State to make regulations under this Act is
exercisable by statutory instrument.
(2) Regulations under this Act may—
(a) make different provisio n for different purposes;
(b) contain supplementary, incidental , consequential, transitional or
saving provision.
(3) Subsection (2) does not apply to regulations under section 77 (see instead
subsection (3) of that section).
(4) Where regulations under this Act ar e subject to the “negative resolution
procedure” the statutory instrument co ntaining the regulations is subject to
annulment in pursuance of  a resolution of either House of Parliament.
(5) Where regulations under this Act ar e subject to the “affirmative resolution
procedure” the regulations may not be made unless a draft of the statutory
instrument containing them has been laid before Parliament and approved bya resolution of each House of Parliament.
(6) Any provision that may be included in  an instrument under this Act subject to
the negative resolution procedure may be  made by regulations subject to the
affirmative resolution procedure.
76 Extent
(1) Except as provided by subsection (2),  this Act extends to England and Wales,
Scotland and Northern Ireland.
(2) Any amendment or repeal made by th is Act has the same extent within the
United Kingdom as the prov ision amended or repealed.5
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(3) Her Majesty may by Order in Council pr ovide for any of the provisions of Part
1  o r  t h i s  P a r t  ( s o  f a r  a s  r e l a t i n g  t o  P a r t  1 )  t o  e x t e n d ,  w i t h  o r  w i t h o u tmodifications, to— 
(a) the Isle of Man;
(b) any British overseas territory.
77 Commencement
(1) The following provisions of this Act come into force on the day on which this
Act is passed—
(a) section 27;
(b) sections 74 to 76, this section and section 78;
(c) any power to make regulations under or by virtue of this Act.
(2) The remaining provisions of this Ac t come into force in accordance with
provision contained in regulations made by the Secretary of State.
(3) Regulations under this section may make different provision for different
purposes.
78 Short title
This Act may be cited as the Prod uct Security and Telecommunications
Infrastructure Act 2022.5
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Schedule — Unresponsive occupi ers: consequential amendments65
SCHEDULE Section 66
UNRESPONSIVE  OCCUPIERS : CONSEQUENTIAL  AMENDMENTS
1 The Communications Act 2003 is amended as follows.
2 In section 402 (powers of Secretary of State to make orders and regulations),
in subsection (2A), befo re paragraph (a) insert—
(za) regulations under paragraph 27ZB(3)(b) of Schedule 3A;
(zb) regulations under paragrap h 27ZE(4) of Schedule 3A;”.
3 (1) Schedule 3A (the electronic commu nications code) is amended as follows.
(2) In paragraph 10 (persons  bound by code rights)—
(a) in sub-paragraph (1), after “under this Part” insert “, Part 4ZA”;
(b) in sub-paragraph (4), after “under this Part” insert “, Part 4ZA”.
(3) In paragraph 12(2) (exercise of code ri ghts), after “this Part” insert “, Part
4ZA”.
(4) In paragraph 19(a) (power of court to  impose agreement), after “see also”
insert “Part 4ZA and”.
(5) In paragraph 21 (test to be applied by the court)—
(a) in sub-paragraph (1), for “sub-p aragraph (5)” substitute “sub-
paragraphs (5) and (6)”;
(b) after sub-paragraph (5) insert—
“(6) In deciding whether to make an order under paragraph 20
in circumstances wher e there is, or has been, an agreement
under Part 4ZA or Part 4A between the operator and the
relevant person in relation to the land to which the code
right would relate, the court must take into account anybreaches by the operator of  its obligations under that
agreement.”
(6) In paragraph 23(2A) (terms of an agreement imposed under paragraph 20),
after “an order under” insert “Part 4ZA or”.
(7) In paragraph 26 (interim code rights)—
(a) in sub-paragraph (1A), before “a relevant Part 4A agreement” insert
“a relevant Part 4ZA agreement or”;
(b) for sub-paragraph (1B) substitute—
“(1B) In sub-paragraph (1A)—
(a) “relevant Part 4ZA agreement” means an
agreement imposed by an order under Part 4ZA bywhich the person—
(i) confers a Part 4ZA code right on the
operator, or5
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(ii) otherwise agrees to be bound by a Part 4ZA
code right which is exercisable by theoperator,
where the Part 4ZA code ri ght is in respect of the
same land as the code right mentioned in sub-paragraph (1), and
(b) “relevant Part 4A agreement” means an agreement
imposed by an order unde r Part 4A by which the
person—
(i) confers a Part 4A code  right on the operator,
or
(ii) otherwise agrees to be bound by a Part 4A
code right which is exercisable by theoperator,
where the Part 4A code right is in respect of the
same land as the code right mentioned in sub-paragraph (1).”
(8) In paragraph 27G (expiry of Part 4A co de rights), in sub- paragraph (4), for
“have effect” su bstitute “be conferred on the operator by”.
(9) In paragraph 30(3) (continuation of code rights), for “or 27 (temporary code
rights)” substitute “, 27 (temporary  code rights) or 27ZE (unresponsive
occupiers)”.
(10) In paragraph 37(3) (l andowner’s right to requ ire removal of electronic
communications apparatus), after paragraph (a) insert—
“(aza) as mentioned in paragraph 27ZF(1) and (4),”.
(11) In paragraph 84(1) (compensation where agreement imposed or apparatus
removed), after paragraph (a) insert—
“(aza) the power in paragraph 27ZG(2) (compensation where Part
4ZA order made);”.
(12) In paragraph 95(1) (power to confer  jurisdiction on other tribunals), in
paragraph (aa), after “under” insert “Part 4ZA or”.
(13) In paragraph 108(1) (general interpre tation), after the definition of “Part 4A
code right” insert—
““Part 4ZA code right” has the meaning given by paragraph
27ZE(3);”.5
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© Parliamentary copyright House of Commons 2021
This publication may be reproduced under the terms of the Open Parliament Licence, which is published at 
www.parliament.uk/site-i nformation/copyright
PUBLISHED BY AUTHORITY OF THE HOUSE OF COMMONSA
BILL
To make provision about the security of internet-connectable products and products
capable of connecting to such produc ts; to make provision about electronic
communications infrastructure; and for connected purposes.
Presented by Secretary Nadine Dorries
Supported by the Prime Minister,
Secretary Dominic Raab,
the Chancellor of the Exchequer,
Secretary Michael Gove, Steve Barclay
and Secretary Kwasi Kwarteng.
Ordered, by  The House of Commons,
 to be Printed , 24th November 2021.