47Test for setting or modifying conditions
This section has no associated Explanatory Notes
(1)OFCOM must not, in exercise or performance of any power or duty under this Chapter—
(a)set a condition under section 45, or
(b)modify such a condition,
unless they are satisfied that the condition or (as the case may be) the modification satisfies the test in subsection (2).
(2)That test is that the condition or modification is—
(a)objectively justifiable in relation to the networks, services, facilities, apparatus or directories to which it relates;
(b)not such as to discriminate unduly against particular persons or against a particular description of persons;
(c)proportionate to what the condition or modification is intended to achieve; and
(d)in relation to what it is intended to achieve, transparent.