Electronic Communications Act 2000

3 Delegation of approval functions

(1) The Secretary of State may appoint any person to carry out, in his place, such of his functions under the preceding provisions of this Part (other than any power of his to make regulations) as may be specified in the appointment.

(2) An appointment under this section—

(a) shall have effect only to such extent, and subject to such conditions, as may be set out in the appointment; and

(b) may be revoked or varied at any time by a notice given by the Secretary of State to the appointed person.

(3) A person appointed under this section shall, in the carrying out of the functions specified in his appointment, comply with all such general directions as may be given to him from time to time by the Secretary of State.

(4) Subject to any order under subsection (5) and to any directions given by the Secretary of State, where a body established by or under any enactment or the holder of any office created by or under any enactment is appointed to carry out any functions of the Secretary of State under this Part—

(a) the enactments relating to the functions of that body or office shall have effect as if the functions of that body or office included the functions specified in the appointment; and

(b) the body or office-holder shall be taken to have power to do anything which is calculated to facilitate, or is incidental or conducive to, the carrying out of the functions so specified.

(5) The Secretary of State may, by order made by statutory instrument, provide for enactments relating to any such body or office as is mentioned in subsection (4) to have effect, so far as appears to him appropriate for purposes connected with the carrying out of functions that have been or may be conferred on the body or office-holder under this section, with such modifications as may be provided for in the order.

(6) An order shall not be made under subsection (5) unless a draft of it has first been laid before Parliament and approved by a resolution of each House.

(7) It shall be the duty of the Secretary of State to secure—

(a) that any appointment made under this section is published in such manner as he considers best calculated to bring it to the attention of persons likely to be interested in it;

(b) that any variation or revocation of such an appointment is also so published; and

(c) that the time fixed for any notice varying or revoking such an appointment to take effect allows a reasonable period after the giving of the notice for the making of any necessary incidental or transitional arrangements.

(8) Nothing in this section, or in anything done under this section, shall prejudice—

(a) any power of the Secretary of State, apart from this Act, to exercise functions through a Minister or official in his department;

(b) any power of any person by virtue of subsection (4), or by virtue of an order under subsection (5), to act on behalf of a body or office-holder in connection with the carrying out of any function;

(c) any provision by virtue of section 2(4) or (5)(c) that imposes a requirement by reference to the opinion of any person or determines the manner of choosing a person whose opinion is to be referred to.