Office of Communications Act 2002

5 Winding up of OFCOM on abandonment etc. of proposals

(1) If, in consequence of the abandonment or modification of any relevant proposals about the regulation of communications it appears to the Secretary of State that it is no longer necessary for OFCOM to continue to exist, he may by order provide for the winding up and dissolution of OFCOM.

(2) If, in consequence of the abandonment or modification of any relevant proposals about the regulation of communications, it appears to the Secretary of State at any time after the end of 2003 that it is no longer necessary for OFCOM to continue to exist, it shall be the Secretary of State’s duty to lay before Parliament a draft of an order under subsection (1) providing for OFCOM to be wound up and dissolved as soon as reasonably practicable.

(3) The power to make an order under this section shall be exercisable by statutory instrument, and no such order shall be made unless a draft of the order has been laid before Parliament and has been approved by a resolution of each House.

(4) If—

(a) in performance of the duty imposed by subsection (2), the Secretary of State lays a draft of an order under this section before Parliament, and

(b) a motion for the approval of the draft order is defeated in either House,

that subsection shall not be taken to oblige the Secretary of State to lay any further draft of such an order before Parliament.

(5) The power to make an order under this section shall include—

(a) power to make different provision for different cases;

(b) power to make such incidental, supplemental, consequential and transitional provision as the Secretary of State thinks fit.

(6) Without prejudice to the generality of the preceding provisions of this section, the power to provide for the winding up of OFCOM shall include—

(a) power to provide for the transfer of property, rights and liabilities of OFCOM to the Secretary of State, to any of the existing regulators or to any such other person as may be specified in the order;

(b) power to provide for the property, rights and liabilities of OFCOM to be divided between different persons;

(c) power, in connection with any provision made by virtue of paragraph (a) or (b)—

(i) for the creation of interests in property transferred or divided;

(ii) for the creation of rights and liabilities in relation to any such property; and

(iii) for the extinguishment of interests, right and liabilities;

(d) power to provide for the payment by the Secretary of State or OFCOM of compensation to persons suffering loss or damage in consequence of the provision made for the winding up of OFCOM.

(7) An order providing for the dissolution of OFCOM may also contain provision repealing any of the provisions of section 1, 2 or 3 of this Act or of the Schedule.