The first commencement instrument under the Digital Economy
Act 2017 has now been published. The Digital
Economy Act 2017 (Commencement No. 1) Regulations 2017 (SI 2017/765) provide
separate commencement dates for various provisions. The para numbering that
follows reflect the content of the statutory instrument
In force from 31 July
2017
The provisions in force from that date (reg 2) are the
following:
(a) s 5
(power to make transitional provision in connection with the code);
(b) s 6 (power to make consequential provision etc in connection with the code);
(c) s 8 (regulation of dynamic spectrum access services);
(d) s 14 (internet pornography: requirement to prevent access
by persons under 18) but only for the purpose of making regulations under s 14(2);
(e) s 15 (meaning of “pornographic material”) but only to a
very limited extent concerning the regulator and guidance;
(f) s 16 (the age-verification regulator: designation and
funding);
(g) s 17 (parliamentary procedure for designation of
age-verification regulator);
(h) s 21(5) (meaning of “ancillary service provider”) but only
to a very limited extent concerning guidance;
(i) s 22 (meaning of “extreme pornographic material”) but only
to a very limited extent concerning the regulator and guidance;
(j) s 25 (guidance to be published by regulator);
(k) s 26(2) (exercise of functions by regulator);
(l) s 27 (guidance by Secretary of State to regulator);
(m) s 30(1) and (2) (interpretation and general provisions
relating to this Part) but only to a very limited extent concerning the
regulator and guidance;
(n) s 34 (copyright etc where broadcast retransmitted by
cable);
(o) s 46 (disclosure of information by civil registration
officials), but only for the purpose of issuing the code of practice under s 19AC
of the Registration Service Act 1953;
(p) s 47 (consequential provision on civil registration but
only that relating to s 46);
(q) s 74 (disclosure of non-identifying information by the
Revenue and Customs);
(r) s 76 (disclosure of non-identifying information by Revenue
Scotland);
(s)s 77 (disclosure of employer reference information by the
Revenue and Customs);
(t) s 78 (disclosure of information by the Revenue and Customs
to the Statistics Board);
(u) s 79 (disclosure of information by public authorities to
the Statistics Board), except for s 79(3), and in relation to England and Wales
and Scotland only;
(v) s 81 (disclosure by the Statistics Board to devolved
administrations), in relation to England and Wales and Scotland only;
(w) s 87 (appeals from decisions of OFCOM and
others: standard of review);
(x) s 92 (digital additional services: seriously harmful
extrinsic material);
(y) s 93 (on-demand programme services: accessibility for
people with disabilities), except subs (3);
(z) s 95 (electronic programme guides and public service
channels);
(aa) s 98 (strategic priorities and provision of information);
(bb) s 100 (retention by OFCOM of amounts paid under Wireless
Telegraphy Act 2006);
(cc) s 101 (international recognition of satellite frequency
assignments: power of OFCOM to charge fees);
(dd) s 104 (internet filters);
(ee) s 106 (power to create offence of breaching limits on
internet and other ticket sales), in relation to England and Wales and Scotland
only;
(ff) s 108 (regulations about charges payable to the
Information Commissioner);
(gg)s 109 (functions relating to regulations under s 108);
(hh) s 110 (supplementary provision relating to s 108);
(ii) sch 1 (the electronic communications code), but only for
the purpose of making regulations under para 95 (power to confer jurisdiction
on other tribunals) of sch 3A to the Communications Act 2003, and s 4 (the
electronic communications code) so far as is necessary for that purpose;
(jj) sch 3, para 47 (electronic communications code:
consequential amendments), and s 4 (the electronic communications code) so far
as it relates to that paragraph.
In force from 1
October 2017
The provisions in force from that date (reg 3) include the
following:
(a) s 32 (offences: infringing copyright and making available
right);
(b) s 33 (registered designs: infringement: marking product
with internet link);
(c) s 35 (disclosure of information to improve public service
delivery), but only for the purpose of making regulations, and in relation to
England and Wales (except so far as it relates to the disclosure of information
to or by a water or sewerage undertaker for an area which is wholly or mainly
in Wales) and Scotland only;
In force from 1 October 2018
Section 102 (billing
limits for mobile phones) of the 2017 Act comes into force on 1st October 2018
(reg 4).
