Product Security and Telecommunications Infrastructure Act 2022

Key Points

• National security gate: courts can refuse operator requests for code rights if the Secretary of State certifies that the order would threaten national security, defence or law enforcement.
• Land access and line rights: enables crossing land and upgrading or maintaining lines by operators to exercise rights under the Electronic Communications Code, including cross-operator arrangements.
• Parliamentary scrutiny of regulations: certain regulations related to the bill must pass through the affirmative resolution procedure, ensuring parliamentary approval before they take effect.
• Independent oversight: provisions require an independent review of recent changes to telecoms infrastructure legislation and policy, including potential further updates to deliver effective regulation.
• Policy debates on scope and protections: debates considered security testing allowances, consumer-law alignment, emergency-services notice requirements, and rent/value rules for land hosting telecoms infrastructure, with several ideas accepted in part or rejected.

Progress

The bill completed its passage and became law (Royal Assent on 6 December 2022). It emerged from negotiations between the Lords and Commons, with the government securing a number of amendments while other proposals were withdrawn or not adopted.

Voting

In the Commons, Conservative MPs largely backed the government, while Labour and Liberal Democrats opposed the Lords amendments and several proposed changes. The main vote noted here was the Commons’ move to disagree with a Lords amendment, reflecting the government’s preference for its approach on security and regulatory issues.