Product Security and Telecommunications Infrastructure Act 2022
Official Summary
A Bill to make provision about the security of internet-connectable products and products capable of connecting to such products; to make provision about electronic communications infrastructure; and for connected purposes.
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Overview
This bill makes several amendments to the Product Security and Telecommunications Infrastructure Bill, primarily focusing on changing how regulations are approved (requiring affirmative resolutions) and clarifying the rights of telecommunications operators to install and maintain infrastructure, including addressing potential conflicts with national security.
Description
The amendments significantly alter the bill's regulatory process. Many clauses are modified to necessitate "affirmative resolution procedures" for regulations, meaning Parliament must explicitly approve new rules, rather than simply having an opportunity to object. This applies to various aspects, including the authorization of access to private land for infrastructure deployment (Clause 27) and the power to confer code rights (Clauses 56 & 58).
Key Changes:
- Enhanced Parliamentary Scrutiny: The amendments increase parliamentary oversight of regulations by requiring affirmative resolutions for their approval.
- Telecommunications Infrastructure Access: New clauses clarify and expand the rights of telecommunications operators to install and maintain lines connected to their apparatus, while also safeguarding the rights of landowners and addressing potential national security concerns.
- National Security Considerations: A new clause allows for the refusal of applications for code rights based on national security, defence, or law enforcement reasons.
- Independent Review: Mandates an independent review of the electronic communications code and its impact on broadband deployment, competition, and the balance between operator and landowner rights.
Government Spending
The amendments are primarily procedural and do not directly specify changes to government spending. The cost of the independent review mentioned in the bill is likely to be a government expense. Precise figures are not provided in the amendment text.
Groups Affected
- Telecommunications Operators: The bill impacts operators through changes in their rights to access and use land for infrastructure, as well as their potential interaction with national security related restrictions.
- Landowners: The amendments could affect landowners through the potential increased access by telecommunications operators to their land.
- Parliament: The amendments significantly increase Parliament's role in overseeing new regulations.
- Secretary of State: Given the power to issue certificates related to national security, the Secretary of State takes on a more significant role.
- Independent Reviewer: An independent person will be appointed to review the code and provide recommendations to the government.
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