Telecommunications (Security) Bill: Illustrative designated vendor direction and designation notice
This page provides illustrative drafts of a designation notice and designated vendor direction referring to the use of Huawei equipment and services in the UK’s telecoms networks.
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The Telecommunications (Security) Bill, as introduced to Parliament on 24 November 2020, will create new powers for the Secretary of State to manage national security risks posed by the use of designated vendors’ goods, services and facilities within the UK’s public telecommunications networks.
More specifically, the Bill creates powers for the government to:
- give designated vendor directions, in the interests of national security, to public communications providers placing controls on their use of goods, services or facilities supplied, provided or made available by designated vendors
- designate specific vendors, in the interests of national security, for the purpose of issuing the designated vendor directions. Vendors are designated for this purpose through the issue of a designation notice
- require public communications providers to provide, on a regular basis, information on their compliance with a designated vendor direction, and a plan setting out how they intend to meet any requirements specified in a designated vendor direction
Before the government gives or issues a designation notice or designated vendor direction, the Bill requires the Secretary of State to consult, so far as it is reasonably practicable to do so. In relation to the designation notice, that consultation is with the vendor(s) proposed to be designated in the notice. In relation to the designated vendor direction, that consultation is with the provider(s) subject to the direction and the designated vendor(s) specified in the direction. These consultation requirements do not apply if or to the extent that consultation would be contrary to the interests of national security.
The government has developed a draft designated vendor direction and a draft designation notice to illustrate how the powers contained in the Bill could be exercised. The draft designation notice is addressed to what is referred to as Huawei or the Huawei Corporate Group. The draft designated vendor direction applies to public communications providers more generally and places controls on their use of Huawei goods, services and facilities. The contents of the draft designated vendor direction and draft designation notice reflect the matters on which the Secretary of State is presently minded to consult Huawei and public communication providers upon the enactment of the Bill.
The publication of these drafts is not a substitute for any formal consultation taking place under the relevant powers once the Bill is enacted. Nor do the documents — including the fact of their publication — prejudge any decisions which the Secretary of State might make under those powers once enacted. After enactment of the Bill, the Secretary of State will follow the appropriate processes, take account of all relevant considerations, and retain an open mind until he reaches any decision on whether to exercise his powers to issue designation notices or designated vendor directions.
These published draft consultation documents are subject to:
- changes that might be made to the Bill during its passage (as they reflect the powers contained in the Bill on its introduction); and/or
- material changes of circumstance or the emergence of any further relevant considerations between the date the draft documents are published and the time at which any final decisions to designate or direct, or not to do so, are made.
Should the Bill be passed in its current form, the government would intend to take a robust approach to monitoring compliance. The government would be able to obtain, on a regular basis, information from public telecommunications providers on their compliance with a designated vendor direction issued to them. For example, such information could be sought from providers annually.
The government would be able to require providers to prepare plans on the steps that they are taking to comply with the requirements in such a direction, and the timing of those steps.
The government would also be able to publish compliance monitoring reports produced by Ofcom. Further information on the reporting provisions within the Telecommunications (Security) Bill can be found in the Telecommunications (Security) Bill factsheets.