Tabled by
Lord Fox
35: Clause 20, page 39, line 23, at end insert—
“(3A) Before making regulations under this section the Secretary of State must consult the following persons—
(a) the Technical Advisory Board;
(b) persons appearing to the Secretary of State to be likely to be subject to any obligations specified in the regulations;
(c) persons representing persons falling within paragraph (b); and
(d) persons with statutory functions in relation to persons falling under that paragraph.
(3B) When making regulations under this section the Secretary of State must have regard to—
(a) the public interest in the integrity and security of telecommunications systems and postal services;
(b) the impact on users arising from any delay to implementing relevant changes;
(c) the desirability of encouraging innovation by relevant operators; and
(d) any other aspects of the public interest in the protection of privacy.”
Member's explanatory statement
This amendment, together with others in the name of Lord Fox, place a duty on the Secretary of State to consult with relevant persons before making regulations that will specify what a “relevant change” will include.