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19th July 2004
Coming into force
20th July 2004
The Secretary of State, in exercise of the powers conferred upon her by sections 262 and 402(3) of, and paragraphs 11 and 13 of Schedule 14 to, the Communications Act 2003(1), considering that the provision of services of the description set out in this Order would confer significant benefits on the public or on the communities for which they are provided(2) and having consulted the Office of Communications as regards the provisions of this Order made under the said Schedule 14(3), hereby makes the following Order, a draft of which has been laid before Parliament in accordance with section 262(5) of, and paragraph 17(2) of Schedule 14 to, that Act and approved by a resolution of each House of Parliament:
Section 262(2) of the 2003 Act provides that the Secretary of State is not to make an order under section 262 in relation to a description of services unless the description is of services to be provided primarily for the good of members of the public or of a particular community (rather than for commercial reasons), and she considers that the provision of services of that description confer, or would confer, significant benefits on the public or on the communities for which they are provided.
Such consultation is required by paragraph 17(1) of Schedule 14 to the Communications Act 2003 in the case of any order under that Schedule other than one that is confined to giving effect to recommendations made by OFCOM in a report of a review under section 391 of that Act.
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