http://www.legislation.gov.uk/id/ukpga/2003/21/part/1

http://www.legislation.gov.uk/ukpga/2003/21/part/1/crossheading/general-information-functions/2003-07-25

Communications Act 2003

An Act to confer functions on the Office of Communications; to make provision about the regulation of the provision of electronic communications networks and services and of the use of the electro-magnetic spectrum; to make provision about the regulation of broadcasting and of the provision of television and radio services; to make provision about mergers involving newspaper and other media enterprises and, in that connection, to amend the Enterprise Act 2002; and for connected purposes.

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text/xml

Statute Law Database

2024-05-17

Expert Participation

2003-07-25

Communications Act 2003

specified provision(s)

The Office of Communications Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2) Order 2003

art. 1(3)

Communications Act 2003

s. 368E(5)(d)

(e)

Digital Economy Act 2017

s. 94(3)

s. 118(6)

Communications Act 2003

s. 148A and cross-heading

Product Security and Telecommunications Infrastructure Act 2022

s. 73(2)

s. 79(2)

Communications Act 2003

s. 402(2A)(za)

(zb)

Product Security and Telecommunications Infrastructure Act 2022

Sch.

para. 2

s. 79(2)

Communications Act 2003

Sch. 3A

para. 21(6)

Product Security and Telecommunications Infrastructure Act 2022

Sch.

para. 3(5)(b)

s. 79(2)

Communications Act 2003

Sch. 3A

para. 37(3)(aza)

Product Security and Telecommunications Infrastructure Act 2022

Sch.

para. 3(9)

s. 79(2)

Communications Act 2003

Sch. 3A

para. 84(1)(aza)

Product Security and Telecommunications Infrastructure Act 2022

Sch.

para. 3(10)

s. 79(2)

Communications Act 2003

Sch. 3A

para. 103(1)(ca)

Product Security and Telecommunications Infrastructure Act 2022

s. 70

s. 79(2)

Communications Act 2003

Sch. 3A

para. 119A

Product Security and Telecommunications Infrastructure Act 2022

s. 72

s. 79(2)

Communications Act 2003

Sch. 3A

Pt. 4ZA

Product Security and Telecommunications Infrastructure Act 2022

s. 67(1)

s. 79(2)

Communications Act 2003

s. 124Q(7)(a)

Crime and Courts Act 2013

Sch. 9

para. 52

s. 61(3)

Communications Act 2003

specified provision(s)

Office of Communications Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2) (Amendment) Order 2004

art. 2

Communications Act 2003

specified provision(s)

Office of Communications Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2) (Amendment No. 2) Order 2004

art. 2

Communications Act 2003

specified provision(s)

Office of Communications Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2) (Amendment No. 3) Order 2004

art. 2

Part 1Functions of OFCOM

General information functions

I124Provision of information to the Secretary of State

1

It shall be the duty of OFCOM to comply with a direction by the Secretary of 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.

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.

I225Community requirement to provide information

1

This section applies if—

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 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.

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,

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).

26Publication of information and advice for consumers etc.

I31

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—

I3a

the customers of communications providers;

I3b

the customers of persons who make associated facilities available;

I3c

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.

I33

In arranging for the publication of information or advice under this section, 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).

I34

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.

I35

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.

I36

The publication of information or advice under this section must be in such manner as OFCOM consider appropriate.