ch0700c01A
25-05-00 21:43:21
c. 7
2
ACT STAGE
Unit:OF
pag1
THE ACT, DATE OF CREATION ON MILES
Electronic Communications Act 2000
Part I
(b) securing that such publicity is given to any withdrawal or
modification of an approval as will bring it to the attention of
persons likely to be interested in it.
Arrangements for
the grant of
approvals.
2.—(1) It shall be the duty of the Secretary of State to secure that there
are arrangements in force for granting approvals to persons who—
(a) are providing cryptography support services in the United
Kingdom or are proposing to do so; and
(b) seek approval in respect of any such services that they are
providing, or are proposing to provide, whether in the United
Kingdom or elsewhere.
(2) The arrangements must—
(a) allow for an approval to be granted either in respect of all the
services in respect of which it is sought or in respect of only some
of them;
(b) ensure that an approval is granted to a person in respect of any
services only if the condition for the grant of an approval to that
person is fulfilled in accordance with subsection (3);
(c) provide for an approval granted to any person to have effect
subject to such conditions (whether or not connected with the
provision of the services in respect of which the approval is
granted) as may be contained in the approval;
(d) enable a person to whom the Secretary of State is proposing to
grant an approval to refuse it if the proposal is in different terms
from the approval which was sought;
(e) make provision for the handling of complaints and disputes
which—
(i) are required by the conditions of an approved person’s
approval to be dealt with in accordance with a procedure
maintained by him in pursuance of those conditions; but
(ii) are not disposed of by the application of that
procedure;
(f) provide for the modification and withdrawal of approvals.
(3) The condition that must be fulfilled before an approval is granted
to any person is that the Secretary of State is satisfied that that person—
(a) will comply, in providing the services in respect of which he is
approved, with such technical and other requirements as may be
prescribed;
(b) is a person in relation to whom such other requirements as may
be prescribed are, and will continue to be, satisfied;
(c) is, and will continue to be, able and willing to comply with any
requirements that the Secretary of State is proposing to impose
by means of conditions of the approval; and
(d) is otherwise a fit and proper person to be approved in respect of
those services.
(4) Regulations made by virtue of paragraph (a) or (b) of subsection
(3) may frame a requirement for the purposes of that subsection by
reference to the opinion of a person specified in the regulations, or of a
person chosen in a manner determined in accordance with the
regulations.