Digital Economy Act Commencement

The DEA implementation is now underway as the Digital Economy Act 2017 (Commencement No. 1) Regulations 2017 (SI 2017/765) is published.

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).

Published: 2017-07-20T11:00:00

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