BBC News article says BT and Talk Talk are calling for the act to be repealed. (http://news.bbc.co.uk/1/hi/technology/10542400.stm)
It certainly doesn't seeem fair on the larger ISPs that they should be policing their customers whilst the small ISPs customers escape
But the courts in the U.K. do not have power of Judicial Review over Primary legislation, the Will of Parliament is beyond legal remedy.
A U.K. court can only rule that Primary legislation appears defective in E.U. Law., it seems the BBC can't be bothered with accurate reporting.
I suppose we could march on Buckingham Palace and demand the Queen dissolve the Government?