Commentary on provisions of Act Section 6: Powers of Ofcom to assess compliance with security duties Section 105P: Assessment notices: urgency statements
Section 105P allows Ofcom to issue an assessment notice which requires that the provider must comply with a duty urgently. Such a notice must explain why this is the case and inform the provider of the right to make an application under section 105Q.
	Subsection (2) sets out the effect of an urgency statement. The usual rules regarding the timeframe for complying with a duty and how this may be affected by an appeal, as set out under subsections 105O(8) and (9), do not apply to duties which must be complied with urgently. Instead, the relevant rules are set out at subsections 105P(3) and (4).
	Subsections (3) provides that an assessment notice cannot require the provider to comply with an urgent duty at a time that falls (or a period that begins) within 14 days of the notice being issued.
	Subsection (4) states that, where an urgent duty is a duty which involves permitting an authorised person to enter specified premises or concerns the provision of documents (i.e. duties under subsection (2)(d) to (k)) and the obligation to comply with the duty is appealed within 14 days of the notice being issued, the provider does not need to comply with the duty until the appeal is resolved.