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EnactedRoyal Assentc. 31

Telecommunications (Security) Act 2021

This bill became lawView the statute on acthub →c. 31 · 17 Nov 2021

Bill texts 10

  • Bill 216 2019-21 - (large print)Bill · 24 Nov 2020download soon
  • Bill 216 2019-21 (as introduced)Bill · 24 Nov 2020download soon
  • Bill 246 2019-21 (as amended in Committee)Bill · 26 Jan 2021download soon
  • Bill 246 2019-21 (as amended in Committee) - large printBill · 26 Jan 2021download soon
  • Bill 006 2021-22 - large printBill · 12 May 2021 · 1 file · 265 KBdownload soon
  • Bill 006 2021-22 (as introduced)Bill · 12 May 2021 · 1 file · 299 KBdownload soon
  • HL Bill 15 (as introduced)Bill · 26 May 2021 · 1 file · 407 KBdownload soon
  • HL Bill 56 (as amended on Report)Bill · 19 Oct 2021 · 1 file · 277 KBdownload soon
  • Bill 179 2021-22 Lords Amendments to the BillBill · 27 Oct 2021download soon
  • HL Bill 64 Commons ReasonsBill · 09 Nov 2021 · 1 file · 91 KBdownload soon

Amendments 31

Committee stage — Lords 20

WithdrawnClause 14AddClauseOrSchedule

Insert the following new Clause— “Horizon-scanning body

Moved: Lord CoakerSponsor: Lord Stirrup#88204
WithdrawnClause 2EditBillBody

at end insert— In making regulations under this section, the Secretary of State must take the utmost account of the advice of the Technical Advisory Board and a Judicial Commissioner concerning the proportionality and appropriateness of any measure or description of measure specified in the regulations.”

Moved: Baroness Merron#88209
NotMovedClause 3EditBillBody

leave out lines 13 to 16 and insert— Codes of practice under section 105E are to be issued and revised by statutory instrument, and a statutory instrument containing codes of practice under this section is subject to annulment in pursuance of a resolution of either House of Parliament.”

Moved: Baroness Merron#88210
WithdrawnClause 4EditBillBody

at end insert “within 30 days”

Moved: Baroness Merron#88218
WithdrawnClause 3EditBillBody

at end insert— must ensure that the code of practice is necessary and proportionate to what it intends to achieve and does not place an undue burden on any electronic communications networks or electronic communications services.”

Moved: Lord FoxSponsor: Lord Clement-Jones#88219
WithdrawnClause 1EditBillBody

at end insert— Regulations under subsection (1) may not be made unless a draft has been laid before, and approved by a resolution of, each House of Parliament.”

Moved: Lord FoxSponsor: Lord Clement-Jones#88220
NotMovedClause 1EditBillBody

leave out sub-paragraph (ii)

Moved: Lord FoxSponsor: Lord Clement-Jones#88221
NotMovedClause 1EditBillBody

leave out “anything” and insert “a security issue”

Moved: Lord FoxSponsor: Lord Clement-Jones#88222
NotMovedClause 1EditBillBody

after “confidentiality” insert “and integrity”

Moved: Lord FoxSponsor: Lord Clement-Jones#88223
NotMovedClause 1EditBillBody

leave out “anything” and insert “a security issue”

Moved: Lord FoxSponsor: Lord Clement-Jones#88224
WithdrawnClause 1EditBillBody

leave out “anything” and insert “a security issue”

Moved: Lord FoxSponsor: Lord Clement-Jones#88225
DisagreedClause 13DeleteClauseOrSchedule

The above-named Lords give notice of their intention to oppose the Question that Clause 13 stand part of the Bill.

Moved: Lord Clement-JonesSponsor: Lord Fox#88228
NotMovedClause 6EditBillBody

at beginning insert “Subject to the requirements of sections 3 and 6 in regard to carrying out and reviewing its functions,”

Moved: Lord Clement-JonesSponsor: Lord Fox#88229
NotMovedClause 5EditBillBody

at beginning insert “Subject to the requirements of sections 3 and 6 in regard to carrying out and reviewing its functions,”

Moved: Lord Clement-JonesSponsor: Lord Fox#88230
NotMovedClause 4EditBillBody

at end insert— The provider of the network or service is not required to inform users of a significant risk of a security compromise should it be reasonably considered by the provider, following agreement with OFCOM, that such steps would increase the likelihood of that, or another, security compromise occurring, or if the provider of the network or service has taken reasonable and proportionate steps to mitigate the significant risk of a security compromise.”

Moved: Lord Clement-JonesSponsor: Lord Fox#88231
NotMovedClause 4EditBillBody

at end insert— Prior to informing others of a security compromise or risk of a security compromise, OFCOM must consult the provider in question, where reasonably practicable to do so, on the timing and content of the information to be provided to others.”

Moved: Lord Clement-JonesSponsor: Lord Fox#88232
WithdrawnClause 1EditBillBody

at end insert— The duty under subsection (1) includes a duty to review—

Moved: Lord Alton of LiverpoolSponsor: Lord Blencathra, Baroness Northover#88239
NotMovedClause 3EditBillBody

leave out lines 13 to 16 and insert— Codes of practice under section 105E are to be issued and revised by statutory instrument, and a statutory instrument containing codes of practice under that section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”

Moved: Lord FoxSponsor: Lord Clement-Jones#88240
NotMovedClause 14AddClauseOrSchedule

Insert the following new Clause— “Technical Advisory Board

Moved: Lord Clement-JonesSponsor: Lord Fox#88241
NotMovedClause 2EditBillBody

at end insert— In making regulations under this section and any code of practice made under section 105E the Secretary of State must take full account of the advice of the Technical Advisory Board established under section 105ZZ1 and of a Judicial Commissioner appointed under section 227 of the Investigatory Powers Act 2016 concerning the proportionality and appropriateness of any measures therein.”

Moved: Lord Clement-JonesSponsor: Lord Fox#88242

Report stage — Lords 11

AgreedClause 23AddClauseOrSchedule

Insert the following new Clause— “Network diversification

Moved: Baroness MerronSponsor: Lord Alton of Liverpool, Lord Fox#88532
WithdrawnClause 23AddClauseOrSchedule

Insert the following new Clause— “Provision of information to the Intelligence and Security Committee

Moved: Lord Coaker#88533
WithdrawnClause 23AddClauseOrSchedule

Insert the following new Clause— “Long-term strategy

Moved: Lord CoakerSponsor: Lord Alton of Liverpool#88534
NotMovedClause 14AddClauseOrSchedule

Insert the following new Clause— “Technical Advisory Board

Moved: Lord Clement-JonesSponsor: Lord Fox#88715
DisagreedClause 1EditBillBody

at end insert— Regulations under subsection (1) may not be made unless a draft has been laid before, and approved by a resolution of, each House of Parliament.”

Moved: Lord FoxSponsor: Lord Clement-Jones#88716
WithdrawnClause 13DeleteClauseOrSchedule

Leave out Clause 13

Moved: Lord Clement-JonesSponsor: Lord Fox#88717
WithdrawnClause 2EditBillBody

at end insert— In making regulations under this section and any code of practice made under section 105E the Secretary of State must take full account of the advice of the Technical Advisory Board established under section 105ZZ1 and of a Judicial Commissioner appointed under section 227 of the Investigatory Powers Act 2016 concerning the proportionality and appropriateness of any measures therein.”

Moved: Lord Clement-JonesSponsor: Lord Fox#88718
AgreedClause 3EditBillBody

at end insert— In this section, the “40-day period”, in relation to a draft of a code, means the period of 40 days beginning with the day on which the draft is laid before Parliament (or, if it is not laid before each House of Parliament on the same day, the later of the 2 days on which it is laid).

Moved: Lord Parkinson of Whitley Bay#88883
AgreedClause 3EditBillBody

leave out “(2)” and insert “(2C)”

Moved: Lord Parkinson of Whitley Bay#88884
AgreedClause 3EditBillBody

leave out lines 13 to 16 and insert— Before issuing a code of practice under section 105E the Secretary of State must also lay a draft of the code before Parliament.

Moved: Lord Parkinson of Whitley Bay#88885
AgreedClause 23AddClauseOrSchedule

Insert the following new Clause— “Review of telecommunications companies based in foreign countries

Moved: Lord Alton of LiverpoolSponsor: Lord Blencathra, Lord Coaker, Lord Fox#88919