Part 2

Networks, services and the radio spectrum
Chapter 2

Spectrum use

General functions relating to spectrum use

Procedure for directions under s. 156
157
1
An order containing a direction under section 156, if it is not one falling within subsection (2) or (3) of that section, must state the purpose for which the direction is given.
2
Before making an order containing a direction under section 156, the Secretary of State must consult both—
a
OFCOM; and
b
such other persons as he thinks fit.
3
Subsection (2) does not apply where the Secretary of State considers that the urgency of the case makes it inexpedient to carry out the consultation before making the order.
4
Subject to subsection (5), no order is to be made containing provision authorised by section 156 unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
5
Subsection (4) does not apply where the Secretary of State considers either—
a
before or in the course of the consultation required by subsection (2); or
b
after the consultation and before or after a draft of the order has been laid before Parliament,
that the urgency of the case is or has become such that he should make the order straight away.
6
Where under subsection (5) the Secretary of State makes an order containing a direction under section 156 without a draft of the order having been approved, the order shall cease to have effect at the end of the period of forty days beginning with the day on which it was made unless, before the end of that period, it has been approved by a resolution of each House of Parliament.
7
For the purposes of subsection (6)—
a
the order’s ceasing to have effect is without prejudice to anything previously done, or to the making of a new order; and
b
in reckoning the period of forty days no account shall be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
S. 157 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)