(7) Arrangements made by OFCOM for the purposes of this section may include
arrangements for the carrying out of research in one or more of the following
(a) by members or employees of OFCOM;
(b) by the Content Board;
(c) in accordance with arrangements made by that Board;
(d) by persons who are neither members nor employees of OFCOM.
(8) In this section references to the publication of anything by means of the
electronic media are references to its being—
(a) broadcast so as to be available for reception by members of the public
or of a section of the public; or
(b) distributed by means of an electronic communications network to
members of the public or of a section of the public.
(9) This section does not restrict OFCOM’s power to make any arrangements they
consider to be incidental or conducive to the carrying out of any of their
14 Duty to publish and take account of research
(1) It shall be the duty of OFCOM—
(a) to publish the results of any research carried out by them or on their
behalf under section 13; and
(b) to consider and, to such extent as they think fit, to take account of the
results of such research in the carrying out of their functions.
(2) OFCOM is not required under this section—
(a) to publish any matter that is confidential in accordance with subsection
(3) or (4); or
(b) to publish anything that it would not be reasonably practicable to
publish without disclosing such a matter.
(3) A matter is confidential under this subsection if—
(a) it relates specifically to the affairs of a particular body; and
(b) publication of that matter would or might, in OFCOM’s opinion,
seriously and prejudicially affect the interests of that body.
(4) 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,
seriously and prejudicially affect the interests of that individual.
(5) The publication of research under this section must be in such manner as
OFCOM consider appropriate.
15 Consumer consultation
(1) It shall be the duty of OFCOM to establish and maintain effective arrangements
for consultation about the carrying out of their functions with—
(a) consumers in the markets for the services and facilities in relation to
which OFCOM have functions;
(b) consumers in the markets for apparatus used in connection with any
such services or facilities;
(c) consumers in the markets for directories capable of being used in
connection with the use of an electronic communications network or
electronic communications service.
(2) The arrangements must include the establishment and maintenance of a panel
of persons (in this Act referred to as “the Consumer Panel”) with the function
of advising both—
(a) OFCOM; and
(b) such other persons as the Panel think fit.
(3) The arrangements must secure that the matters about which the Consumer
Panel are able to give advice include the interests of domestic and small
business consumers in relation to the following matters—
(a) the provision of electronic communications networks;
(b) the provision and making available of the services and facilities
mentioned in subsection (4);
(c) the supply of apparatus designed or adapted for use in connection with
any such services or facilities;
(d) the supply of directories capable of being used in connection with the
use of an electronic communications network or electronic
(e) the financial and other terms on which such services or facilities are
provided or made available, or on which such apparatus or such a
directory is supplied;
(f) standards of service, quality and safety for such services, facilities,
apparatus and directories;
(g) the handling of complaints made by persons who are consumers in the
markets for such services, facilities, apparatus or directories to the
persons who provide the services or make the facilities available, or
who are suppliers of the apparatus or directories;
(h) the resolution of disputes between such consumers and the persons
who provide such services or make such facilities available, or who are
suppliers of such apparatus or directories;
(i) the provision of remedies and redress in respect of matters that form
the subject-matter of such complaints or disputes;
(j) the information about service standards and the rights of consumers
that is made available by persons who provide or make available such
services or facilities, or who are suppliers of such apparatus or
(k) any other matter appearing to the Panel to be necessary for securing
effective protection for persons who are consumers in the markets for
any such services, facilities, apparatus or directories.
(4) Those services and facilities are—
(a) electronic communications services;
(b) associated facilities;
(c) directory enquiry facilities;
(d) a service consisting in the supply of information for use in responding
to directory enquiries or of an electronic programme guide; and
(e) every service or facility not falling within any of the preceding
paragraphs which is provided or made available to members of the
(i) by means of an electronic communications network; and
(ii) in pursuance of agreements entered into between the person by
whom the service or facility is provided or made available and
each of those members of the public.
(5) The matters about which the Consumer Panel are to be able to give advice do
not include matters that concern the contents of anything which is or may be
broadcast or otherwise transmitted by means of electronic communications
(6) The arrangements made by OFCOM under this section must also secure that
the Consumer Panel are able, in addition to giving advice on the matters
mentioned in subsection (3), to do each of the following—
(a) at the request of OFCOM, to carry out research for OFCOM in relation
to any of the matters in relation to which OFCOM have functions under
(b) to make arrangements for the carrying out of research into such other
matters appearing to the Panel to be relevant to the carrying out of the
Panel’s functions as they think fit;
(c) to give advice to OFCOM in relation to any matter referred to the Panel
by OFCOM for advice;
(d) to publish such information as the Panel think fit about the advice they
give, about the carrying out of the Panel’s other functions and about the
results of research carried out by them or on their behalf.
(7) It shall be the duty of OFCOM, in the carrying out of their functions, to
consider and, to such extent as they think appropriate, to have regard to—
(a) any advice given to OFCOM by the Consumer Panel; and
(b) any results notified to OFCOM of any research undertaken by that
(8) It shall also be the duty of OFCOM (subject to subsection (9))—
(a) to provide the Consumer Panel with all such information as, having
regard, in particular, to the need to preserve commercial
confidentiality, OFCOM consider appropriate to disclose to the Panel
for the purpose of enabling the Panel to carry out their functions; and
(b) to provide the Panel with all such further information as the Panel may
(9) OFCOM is not required to provide information by virtue of subsection (8)(b)
if, having regard to—
(a) the need to preserve commercial confidentiality, and
(b) any other matters that appear to OFCOM to be relevant,
it is reasonable for OFCOM to refuse to disclose it to the Panel.
(10) It shall be the duty of OFCOM, in the case of any advice or opinion received
from and published by the Panel which OFCOM propose to disregard in whole
or in part, or with which OFCOM disagree in whole or in part—
(a) to ensure that the Panel know OFCOM’s reasons for disregarding or
disagreeing with the advice or opinion; and
(b) to ensure that those reasons are or have been published in such manner
as OFCOM consider appropriate for bringing them to the attention of
persons who are aware of the Panel’s advice or opinion.
(11) In this section—
“domestic and small business consumer” means a person who—
(a) is a consumer in the market for services or facilities mentioned
in subsection (4) or for apparatus designed or adapted for use in
connection with any such services or facilities; but
(b) is neither—
(i) a communications provider or a person who makes
associated facilities available; nor
(ii) a person who is a consumer in the market in respect of an
undertaking carried on by him for which more than ten
individuals work (whether as employees or volunteers or
“electronic programme guide” means a service which consists of—
(a) the listing or promotion, or both the listing and the promotion,
of some or all of the programmes included in any one or more
programme services the providers of which are or include
persons other than the provider of the guide; and
(b) a facility for obtaining access, in whole or in part, to the
programme service or services listed or promoted in the guide.
16 Membership etc. of the Consumer Panel
(1) The members of the Consumer Panel shall be appointed by OFCOM and shall
comprise a chairman and such other members as OFCOM may determine.
(2) The approval of the Secretary of State is required for the appointment of a
person to be the chairman or to be another member of the Panel.
(3) In appointing persons to be members of the Consumer Panel, OFCOM must
secure that, for each of the following parts of the United Kingdom—
(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.
(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;
(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
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;
(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
appointment but shall be eligible for re-appointment at the end of that
(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
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.
(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.
(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.
(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.
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
(2) Before making an order under this section the Secretary of State must consult
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
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.