| Guvnor

Enforced by: Ofcom, OPSS
Status: Amended (in force with amendments)
Penalty ceiling: Prosecution 3 of 38 obligations carry an unlimited fine. 2 carry different penalties and 33 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Manufacturer18 Trader9 Distributor5 Any Person3 Employer1 Director or Officer1

Plus 1 duty on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Manufacturer — also bound by 502 other Acts

Pressure Equipment (Safety) Regulations 2016 93 duties

Measuring Instruments Regulations 2016 85 duties

Non-Automatic Weighing Instruments Regulations 2016 78 duties

Commission Delegated Regulation (EU) 2017/654 of 19 December 2016 supplementing Regulation (EU) 2016/1628 of the European Parliament and of the Council with regard to technical and general requirements relating to emission limits and type-approval for internal combustion engines for non-road mobile machinery 76 duties

Human Medicines Regulations 2012 75 duties

Trader — also bound by 825 other Acts

Value Added Tax Regulations 1995 416 duties

Companies Act 2006 243 duties

The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 133 duties

Companies Act 1985 85 duties

Insolvency (England and Wales) Rules 2016 62 duties

Distributor — also bound by 182 other Acts

UK REACH Regulation (retained EU law) 44 duties

The Marketing of Fruit Plant and Propagating Material (England) Regulations 2017 28 duties

The Marketing of Fruit Plant and Propagating Material (Wales) Regulations 2017 26 duties

The Marketing of Fruit Plant and Propagating Material Regulations (Northern Ireland) 2017 25 duties

Electricity Safety, Quality and Continuity Regulations 2002 21 duties

Any Person — also bound by 2340 other Acts

Human Medicines Regulations 2012 184 duties

Merchant Shipping Act 1995 144 duties

Insolvency (England and Wales) Rules 2016 104 duties

Communications Act 2003 92 duties

Road Traffic Act 1988 92 duties

Employer — also bound by 682 other Acts

The Income Tax (Pay As You Earn) Regulations 2003 241 duties

Provision and Use of Work Equipment Regulations 1998 120 duties

TULRCA 1992 72 duties

Income Tax (Earnings and Pensions) Act 2003 54 duties

Employment Rights (Northern Ireland) Order 1996 (current NI employment law) 53 duties

Director or Officer — also bound by 429 other Acts

Insolvency (England and Wales) Rules 2016 162 duties

Companies Act 2006 126 duties

Insolvency Act 1986 77 duties

The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 68 duties

Building Societies Act 1986 32 duties

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Product security

23 of 56 sections shown

s.008 Duty to comply with security requirements Prosecution

Ensure connectable products meet UK security requirementsManufacturer
Ensure your UK consumer connectable products meet security requirementsManufacturer

Fine up to £17,500,000

s.009 Statements of compliance Regulated

Provide a statement of compliance with connectable productsManufacturer

s.010 Duty to investigate potential compliance failures Regulated

Investigate possible product security compliance failuresManufacturer
Investigate potential security compliance failures in smart productsManufacturer

s.011 Duties to take action in relation to compliance failure Regulated

Stop sales and fix security failures in connected productsManufacturer
Take action on product security compliance failuresManufacturer

s.012 Duty to maintain records Regulated

Keep records of product security investigations and failuresManufacturer
Maintain records of security investigations and compliance failuresManufacturer

s.013 Duties to take action in relation to manufacturer’s compliance failure Regulated

Authorised representatives must report manufacturer security failuresManufacturer
Notify ICO of product security compliance failuresManufacturer

s.014 Duty to comply with security requirements Regulated

Ensure imported connectable products meet security requirementsTrader
Ensure products meet UK security standardsManufacturer

s.015 Statements of compliance Regulated

Ensure imported connectable products have a statement of complianceManufacturer

s.016 Duty not to supply products where compliance failure by manufacturer Regulated

Do not supply products with known security compliance failuresTrader
Do not supply connectable products with known security failuresManufacturer

s.017 Duty to investigate potential compliance failures of importer or manufacturer Regulated

Investigate any reported product compliance failuresTrader
Investigate potential security compliance failuresManufacturer

s.018 Duties to take action in relation to importer’s compliance failure Regulated

Fix product security failures and notify ICO and customersEmployer
Remedy and report security failures in your imported productsManufacturer

s.019 Duties to take action in relation to manufacturer’s compliance failure Regulated

Act for products with security failures if you are an importerManufacturer
Take action when an imported product has a security compliance failureTrader

s.020 Duty to maintain records of investigations Regulated

Keep records of product security investigations for 10 yearsManufacturer
Keep records of security investigations for imported productsTrader

s.021 Duty to comply with security requirements Regulated

Ensure smart products meet UK security requirementsDistributor
Ensure your connectable products meet UK security requirementsTrader

s.022 Statements of compliance Regulated

Do not supply connectable products without a statement of complianceDistributor

s.023 Duty not to supply products where compliance failure by manufacturer Regulated

Do not supply non‑compliant consumer connectable productsTrader
Do not sell products with known manufacturer security failuresDistributor

s.024 Duties to take action in relation to distributor’s compliance failures Regulated

Fix product security failures and notify ICO and customersTrader
Remedy and report security failures in digital productsDistributor

s.025 Duties to take action in relation to manufacturer’s compliance failure Regulated

Act on and report security compliance failures in products you distributeDistributor
Notify manufacturer, regulator and supply chain of product security failuresTrader

s.032 Failure to comply with enforcement notice Prosecution

Fail to comply with enforcement noticeAny Person

Unlimited fine

s.037 Determining the amount of a penalty Regulated

Other duties (1) — Crown / regulator

Secretary of State must ensure penalties are appropriate and proportionateCrown / Minister / Government department

s.040 Enforcement of penalty notices Prosecution

Non-payment of product security finesAny Person

Unlimited fine

s.049 Offence of purporting to act as authorised to exercise enforcement function Prosecution

Pretend to be authorised to enforce product securityAny Person

Unlimited fine

s.052 Offences by directors, partners etc Regulated

Liable for corporate offence when you consent, connive or neglectDirector or Officer

33 other sections in this Part — procedural and definitional

s.001 Power to specify security requirements

s.002 Further provision about regulations under section 1

s.003 Power to deem compliance with security requirements

s.004 Relevant connectable products

s.005 Types of product that may be relevant connectable products

s.006 Excepted products

s.007 Relevant persons

s.026 Enforcement of Part 1

s.027 Delegation of enforcement functions

s.028 Compliance notices

s.029 Stop notices

s.030 Recall notices

s.031 Power to vary or revoke enforcement notices

s.033 Appeals against enforcement notices

s.034 Compensation for notices wrongly given

s.035 Appeals against decisions under section 34

s.036 Monetary penalties

s.038 The relevant maximum

s.039 Penalty notices: further provision

s.041 Appeals against penalty notices

s.042 Forfeiture

s.043 Further provision about forfeiture

s.044 Appeals against decisions under section 42

s.045 Power to inform public about compliance failures

s.046 Power to publish details of enforcement action taken against relevant persons

s.047 Power to recall products

s.048 Disclosure of information

s.050 Means of giving notices

s.051 Liability of authorised representatives

s.053 Guidance

s.054 Meaning of “UK consumer connectable product”

s.055 Meaning of “supply”

s.056 Meaning of other expressions used in Part 1

Part 2

Telecommunications infrastructure

0 of 19 sections shown

19 other sections in this Part — procedural and definitional

s.057 Rights under the electronic communications code to share apparatus

s.058 Upgrading and sharing of apparatus: subsisting agreements

s.059 Upgrading and sharing of apparatus installed before 29 December 2003

s.060 Power to fly lines from apparatus kept by another operator

s.061 Rent under tenancies conferring code rights: England and Wales

s.062 Rent under tenancies conferring code rights: Northern Ireland

s.063 Compensation relating to code rights: England and Wales

s.064 Compensation relating to code rights: Northern Ireland

s.065 Jurisdiction of court in relation to tenancies in England and Wales

s.066 Refusal of application for code rights on grounds of national security etc

s.067 Unresponsive occupiers

s.068 Arrangements pending determination of certain applications under code

s.069 Use of alternative dispute resolution

s.070 Complaints relating to the conduct of operators

s.071 Jurisdiction of First-tier Tribunal in relation to code proceedings in Wales

s.072 Power to impose time limits on the determination of code proceedings

s.073 Rights of network providers in relation to infrastructure

s.074 Power to make consequential amendments

s.075 Meaning of “the electronic communications code”

Part 3

Final provisions

0 of 5 sections shown

5 other sections in this Part — procedural and definitional

s.076 Power to make transitional or saving provision

s.077 Regulations

s.078 Extent

s.079 Commencement

s.080 Short title

1 other provision

s.unresponsive occupiers: consequential amendments Unresponsive occupiers: consequential amendments

Help complying

Guvnor’s practical routes through this instrument.

PSTI IoT compliance check

Quick compliance check for IoT manufacturers, importers, and distributors. Confirm product scope, verify three mandatory security requirements, identify your supply chain role, …

IoT product security compliance (PSTI Act)

How to comply with the Product Security and Telecommunications Infrastructure Act 2022 if you manufacture, import, or distribute consumer connectable products in …

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.

PSTIA 2022

Does it bind you?

Other Acts binding the same actors

What it requires

Product security

Telecommunications infrastructure

Final provisions

Help complying

PSTI IoT compliance check

IoT product security compliance (PSTI Act)