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(b) Scotland, | |
(c) Wales, and | |
(d) Northern Ireland, | |
there is a different member of the Panel capable of representing the interests | |
and opinions of persons living in that part of the United Kingdom. | 5 |
(4) In appointing persons to be members of the Consumer Panel, OFCOM must | |
secure, so far as practicable, that the Panel are able to give informed advice | |
about matters referable to each of the following— | |
(a) the interests of persons living in rural areas; | |
(b) the interests of persons living in urban areas; | 10 |
(c) the interests of small businesses; | |
(d) the interests of disadvantaged persons, persons with low incomes and | |
persons with disabilities; and | |
(e) the interests of the elderly. | |
(5) The validity of any proceedings of the Consumer Panel shall not be affected by | 15 |
any failure by OFCOM to comply with subsection (3) or (4). | |
(6) It shall be the duty of the Consumer Panel, in carrying out their functions, to | |
have regard to the following interests— | |
(a) the interests of persons from the different parts of the United Kingdom; | |
and | 20 |
(b) the interests specified in subsection (4). | |
(7) A person shall be disqualified from being the chairman or a member of the | |
Consumer Panel if he is a member or employee of OFCOM. | |
(8) The chairman and every member of the Consumer Panel— | |
(a) shall be appointed for a fixed period specified in the terms of his | 25 |
appointment but shall be eligible for re-appointment at the end of that | |
period; and | |
(b) may at any time be removed from the Panel by a notice given by | |
OFCOM with the approval of the Secretary of State | |
(9) OFCOM may pay to the chairman and to any other member of the Consumer | 30 |
Panel such remuneration and allowances as OFCOM consider appropriate. | |
17 Committees and other procedure of the Consumer Panel | |
(1) The Consumer Panel may make such arrangements as they think fit for | |
committees established by the Panel to give advice to them about matters | |
relating to the carrying out of the Panel’s functions. | 35 |
(2) The Consumer Panel may make such other arrangements for regulating their | |
own procedure, and for regulating the procedure of the committees | |
established by them, as they think fit. | |
(3) Those arrangements may include arrangements as to quorums and as to the | |
making of decisions by a majority. | 40 |
(4) The committees established by the Panel may include committees the | |
membership of which includes persons (including persons constituting a | |
majority of the committee) who are not members of the Panel. | |
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(5) The membership of every committee established by the Consumer Panel must | |
contain at least one person who is a member of the Panel. | |
(6) Where a person who is not a member of the Consumer Panel is a member of a | |
committee established by the Panel, OFCOM may pay to that person such | |
remuneration and expenses as OFCOM may determine. | 5 |
18 Power to amend remit of Consumer Panel | |
(1) The Secretary of State may by order modify subsection (3) of section 15 so as to | |
add to the matters about which the Consumer Panel are required to be able to | |
give advice. | |
(2) Before making an order under this section the Secretary of State must consult | 10 |
OFCOM and such other persons as he thinks fit. | |
(3) No order is to be made containing provision authorised by this section unless | |
a draft of the order has been laid before Parliament and approved by a | |
resolution of each House. | |
(4) The power to amend or revoke an order under this section does not include | 15 |
power to provide for a matter to cease to be a matter about which the | |
Consumer Panel are required to be able to give advice. | |
International matters | |
19 Representation on international and other bodies | |
(1) It shall be the duty of OFCOM to do, as respects the United Kingdom, such of | 20 |
the following things as they are required to do by the Secretary of State— | |
(a) provide representation on behalf of Her Majesty’s Government in the | |
United Kingdom on international and other bodies having | |
communications functions; | |
(b) become or serve as a member of an international or other body having | 25 |
such functions; | |
(c) subscribe to such a body; | |
(d) provide representation on behalf of Her Majesty’s Government in the | |
United Kingdom at international meetings about communications. | |
(2) OFCOM shall also have the power, if requested to do so by the Secretary of | 30 |
State, to do one or more of those things as respects any of the Channel Islands, | |
the Isle of Man or a British overseas territory. | |
(3) It shall be the duty of OFCOM to carry out their functions under this section in | |
accordance with such general or specific directions as may be given to them by | |
the Secretary of State. | 35 |
(4) The Secretary of State— | |
(a) is not entitled to direct OFCOM to comply with a request made under | |
subsection (2); but | |
(b) may give directions about how OFCOM are to carry out any | |
representative role that they undertake in accordance with such a | 40 |
request. | |
(5) In this section— | |
“communications functions” means— | |
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(a) functions relating to the use of the electro-magnetic spectrum | |
for wireless telegraphy; | |
(b) functions relating to the regulation of television or radio | |
broadcasting or the provision of television and radio services; | |
and | 5 |
(c) any other function which relates to, or is connected with, a | |
matter in respect of which OFCOM have functions; | |
“international meetings about communications” means international | |
meetings relating to, or to matters connected with, one or more of the | |
following— | 10 |
(a) the use of the electro-magnetic spectrum for wireless | |
telegraphy; | |
(b) the regulation of television or radio broadcasting or of the | |
provision of television and radio services; | |
(c) any other matter in respect of which OFCOM have functions. | 15 |
(6) In relation to— | |
(a) a part of the British Islands outside the United Kingdom, or | |
(b) a British overseas territory, | |
the references in subsection (5) to matters in respect of which OFCOM have | |
functions include references to matters corresponding, in the case of that part | 20 |
of those Islands or of that territory, to matters in respect of which OFCOM’s | |
functions are confined to the United Kingdom. | |
(7) In subsection (5) “television or radio broadcasting” includes the provision by | |
means other than broadcasting of services similar to those provided by | |
television or radio broadcasts. | 25 |
20 Directions for international purposes in respect of broadcasting functions | |
(1) This section applies to— | |
(a) OFCOM’s functions under the enactments relating to broadcasting; | |
and | |
(b) the matters in relation to which those functions are conferred. | 30 |
(2) It shall be the duty of OFCOM— | |
(a) to carry out those functions in accordance with any general or specific | |
directions given to them by the Secretary of State for the purpose | |
mentioned in subsection (3); and | |
(b) to carry out such other functions in relation to the matters to which this | 35 |
this section applies as they are required to carry out by any general or | |
specific directions so given. | |
(3) The Secretary of State is not to give a direction under this section except for the | |
purpose of securing compliance, in relation to a matter to which this section | |
applies, with an international obligation of the United Kingdom. | 40 |
(4) A direction under this section must be contained in an order made by the | |
Secretary of State. | |
(5) In this section “the enactments relating to broadcasting” means— | |
(a) the 1990 Act; | |
(b) the 1996 Act; | 45 |
(c) Part 3 of this Act; and | |
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(d) the other provisions of this Act so far as relating to the 1990 Act, the | |
1996 Act or that Part. | |
General information functions | |
21 Provision of information to the Secretary of State | |
(1) It shall be the duty of OFCOM to comply with a direction by the Secretary of | 5 |
State to provide him with information falling within subsection (2). | |
(2) The information that may be the subject of a direction under this section is any | |
information reasonably required by the Secretary of State for the purpose of | |
enabling him to secure compliance with an international obligation of the | |
United Kingdom. | 10 |
(3) Information that is required to be provided by a direction under this section | |
must be provided in such manner and at such times as may be required by the | |
direction. | |
22 Community requirement to provide information | |
(1) This section applies if— | 15 |
(a) the European Commission requires OFCOM to provide it with | |
information for the purpose of enabling it to perform any of its | |
functions in relation to electronic communications networks, electronic | |
communications services or associated facilities; and | |
(b) the information is information obtained by OFCOM in the course of | 20 |
carrying out any of their functions under— | |
(i) Part 2; or | |
(ii) the enactments relating to the management of the radio | |
spectrum that are not contained in that Part. | |
(2) It shall be the duty of OFCOM to comply with the requirement. | 25 |
(3) If information provided to the European Commission under this section has | |
been obtained by OFCOM from a person who is or, at the time the information | |
was obtained from him, was— | |
(a) a communications provider, or | |
(b) a person making associated facilities available, | 30 |
OFCOM must notify him that they have provided the information to the | |
Commission. | |
(4) It shall be for OFCOM to determine the manner in which a notification is given | |
under subsection (3). | |
23 Publication of information and advice for consumers etc. | 35 |
(1) OFCOM may arrange for the publication of such information and advice about | |
matters in relation to which they have functions as it appears to them to be | |
appropriate to make available to the persons mentioned in subsection (2). | |
(2) Those persons are— | |
(a) the customers of communications providers; | 40 |
(b) the customers of persons who make associated facilities available; | |
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(c) persons who use electronic communications networks, electronic | |
communications services or associated facilities; and | |
(d) persons to whom radio and television services are provided or who are | |
otherwise able or likely to take advantage of any of those services. | |
(3) In arranging for the publication of information or advice under this section, | 5 |
OFCOM must have regard to the need to exclude from publication, so far as | |
that is practicable, the matters which are confidential in accordance with | |
subsections (4) and (5). | |
(4) A matter is confidential under this subsection if— | |
(a) it relates specifically to the affairs of a particular body; and | 10 |
(b) publication of that matter would or might, in OFCOM’s opinion, | |
seriously and prejudicially affect the interests of that body. | |
(5) A matter is confidential under this subsection if— | |
(a) it relates to the private affairs of an individual; and | |
(b) publication of that matter would or might, in OFCOM’s opinion, | 15 |
seriously and prejudicially affect the interests of that individual. | |
(6) The publication of information or advice under this section must be in such | |
manner as OFCOM consider appropriate. | |
Employment in broadcasting | |
24 Training and equality of opportunity | 20 |
(1) It shall be the duty of OFCOM to take all such steps as they consider | |
appropriate for promoting the development of opportunities for the training | |
and retraining of persons— | |
(a) for employment by persons providing television and radio services; | |
and | 25 |
(b) for work in connection with the provision of such services otherwise | |
than as an employee. | |
(2) It shall be the duty of OFCOM to take all such steps as they consider | |
appropriate for promoting equality of opportunity in relation to both— | |
(a) employment by those providing television and radio services; and | 30 |
(b) the training and retraining of persons for such employment. | |
(3) It shall also be the duty of OFCOM, in relation to such employment, training | |
and retraining, to take all such steps as they consider appropriate for | |
promoting the fair treatment of disabled persons. | |
(4) The reference in subsection (2) to equality of opportunity is a reference to | 35 |
equality of opportunity— | |
(a) between men and women; and | |
(b) between persons of different racial groups. | |
(5) In this section— | |
“disabled” has the same meaning as in the Disability Discrimination Act | 40 |
1995 (c. 50); | |
“racial group” has the same meaning as in the Race Relations Act 1976 | |
(c. 74) or, in Northern Ireland, the Race Relations (Northern Ireland) | |
Order 1997 (S.I. 1997/869 (N.I. 6)). | |
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(6) The Secretary of State may by order amend subsection (4) by adding any other | |
form of equality of opportunity that he considers appropriate. | |
(7) No order is to be made containing provision authorised by subsection (6) | |
unless a draft of the order has been laid before Parliament and approved by a | |
resolution of each House. | 5 |
Charging | |
25 General power to charge for services | |
(1) OFCOM may provide a service to which this section applies to any person on | |
such terms as to the making of payments to OFCOM— | |
(a) as they may determine in advance; or | 10 |
(b) as may be agreed between that person and OFCOM. | |
(2) This section applies to a service which is provided by OFCOM to a person in | |
the course of carrying out their functions and is neither— | |
(a) a service which OFCOM are under a duty to provide to that person, nor | |
(b) one in respect of which express provision is made by or under an | 15 |
enactment for authorising or forbidding the payment of fees or charges. | |
(3) In this section references to providing a service to a person include references | |
to a service consisting in— | |
(a) the giving of advice to that person; | |
(b) the entry of his particulars in a register or other record kept by OFCOM | 20 |
otherwise than in pursuance of an express statutory duty to keep the | |
register or records; or | |
(c) the taking of steps for the purposes of determining whether to grant an | |
application for an entry in a register or record so kept. | |
Provisions supplemental to transfer of functions | 25 |
26 Transfers of property etc. from pre-commencement regulators | |
(1) The Secretary of State may, by a direction to any of the pre-commencement | |
regulators, require that regulator to make one or more schemes for the transfer | |
from that regulator to OFCOM of such of the regulator’s property, rights and | |
liabilities as may be specified or described in the direction. | 30 |
(2) Where a pre-commencement regulator is required to make a scheme, the | |
scheme must be made by such date as may be specified in the direction. | |
(3) Before making a scheme in pursuance of a direction under subsection (1), a pre- | |
commencement regulator must consult OFCOM. | |
(4) A pre-commencement regulator who makes a scheme in pursuance of a | 35 |
direction under subsection (1) shall submit that scheme to the Secretary of State | |
for approval. | |
(5) A scheme that is required to be so submitted shall have effect only if, and to the | |
extent that, it is approved by the Secretary of State. | |
(6) The Secretary of State, in approving a scheme, may do so subject to such | 40 |
modifications as he thinks fit. | |
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(7) Where the Secretary of State approves a scheme subject to modifications | |
specified by him, it shall have effect with those modifications. | |
(8) A scheme approved by the Secretary of State under this section shall come into | |
force either— | |
(a) if no time is appointed under paragraph (b), at the time when the | 5 |
approval is given; or | |
(b) if the Secretary of State appoints a later time for the coming into force | |
of the scheme (whether when approving the scheme or by | |
subsequently varying a time appointed under this paragraph), at that | |
later time. | 10 |
(9) Where a scheme is submitted to the Secretary of State under this section, he | |
must— | |
(a) consult OFCOM about any proposal of his to approve the scheme; and | |
(b) consult both OFCOM and the pre-commencement regulator in | |
question about any modifications subject to which he proposes to give | 15 |
his approval, or about any proposal of his to refuse approval. | |
(10) The Secretary of State may, after consulting OFCOM, himself make a scheme | |
for the transfer of property, rights and liabilities— | |
(a) from a pre-commencement regulator to OFCOM; or | |
(b) from himself to OFCOM; | 20 |
and such a scheme shall come into force on such day as the Secretary of State | |
may appoint (whether in the scheme or subsequently). | |
(11) The Secretary of State is not to make a scheme for the transfer of property, | |
rights and liabilities from a pre-commencement regulator to OFCOM unless— | |
(a) that regulator has failed to comply with a direction under subsection | 25 |
(1); or | |
(b) that regulator has complied with such a direction by submitting a | |
scheme to the Secretary of State that he has decided not to approve | |
(with or without modifications). | |
(12) Schedule 2 (which makes further provision about schemes under this section) | 30 |
shall have effect. | |
27 Transitional functions and abolition of pre-commencement regulators | |
(1) It shall be the duty of the pre-commencement regulators to take all such steps | |
as are necessary or expedient for ensuring that OFCOM are able effectively to | |
carry out OFCOM’s functions from the time when they are vested in OFCOM. | 35 |
(2) The pre-commencement regulators, in taking those steps, must comply with | |
every direction given to them by the Secretary of State. | |
(3) The pre-commencement regulators and OFCOM shall each have a duty to | |
provide the Secretary of State with all such information and assistance as he | |
may require for the purposes of, or in connection with— | 40 |
(a) his power to give directions under subsection (1) of section 26; and | |
(b) his powers and duties in relation to the approval and making of | |
schemes under that section. | |
(4) On such day as the Secretary of State may by order appoint— | |
(a) the office of the Director General of Telecommunications shall be | 45 |
abolished; and | |
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