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After section 124H of the Communications Act 2003 insert—
(1)For any period during which there are one or more technical obligations in force under section 124H, OFCOM must by order make a technical obligations code for the purpose of regulating those obligations.
(2)The code may be made separately from, or in combination with, any initial obligations code under section 124D.
(3)A code under this section may—
(a)do any of the things mentioned in section 124C(3) to (5) or section 124D(5)(a) to (g); and
(b)make other provision for the purpose of regulating the technical obligations.
(4)OFCOM must not make a code under this section unless they are satisfied that it meets the criteria set out in section 124J.
(a)keep a code under this section under review; and
(b)by order make any amendment of it that is necessary to ensure that while it is in force it continues to meet the criteria set out in section 124J.
(6)The consent of the Secretary of State is required for the making or amendment by OFCOM of a code under this section.
(7)Section 403 applies to the power of OFCOM to make an order under this section.
(8)A statutory instrument containing an order made by OFCOM under this section is subject to annulment in pursuance of a resolution of either House of Parliament.”
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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