S. 192 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

S. 192 in force at 29.12.2003 in so far as not already in force by S.I. 2003/3142, art. 3(2) (with art. 11)

Words in s. 192(1)(a) substituted (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), s. 126(2), Sch. 7 para. 28(a)

Words in s. 192(1)(d)(iv) substituted (8.2.2007) by Wireless Telegraphy Act 2006 (c. 36), s. 126(2), Sch. 7 para. 28(b)

http://www.legislation.gov.uk/ukpga/2003/21/section/192/2012-07-01Communications Act 2003An Act to confer functions on the Office of Communications; to make provision about the regulation of the provision of electronic communications networks and services and of the use of the electro-magnetic spectrum; to make provision about the regulation of broadcasting and of the provision of television and radio services; to make provision about mergers involving newspaper and other media enterprises and, in that connection, to amend the Enterprise Act 2002; and for connected purposes.texttext/xmlenStatute Law Database2026-05-01Expert Participation2012-07-01Communications Act 2003specified provision(s)The Office of Communications Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2) Order 2003art. 1(3)Communications Act 2003s. 368E(5)(d)(e)Digital Economy Act 2017s. 94(3)s. 118(6)Communications Act 2003Sch. 3A Pt. 4ZAProduct Security and Telecommunications Infrastructure Act 2022s. 67(1)s. 79(2)Communications Act 2003Sch. 3A para. 103(1)(ca)Product Security and Telecommunications Infrastructure Act 2022s. 70s. 79(2)Communications Act 2003Sch. 3A para. 119AProduct Security and Telecommunications Infrastructure Act 2022s. 72s. 79(2)Communications Act 2003s. 148A and cross-headingProduct Security and Telecommunications Infrastructure Act 2022s. 73(2)s. 79(2)Communications Act 2003s. 402(2A)(za)(zb)Product Security and Telecommunications Infrastructure Act 2022Sch. para. 2s. 79(2)Communications Act 2003Sch. 3A para. 21(6)Product Security and Telecommunications Infrastructure Act 2022Sch. para. 3(5)(b)s. 79(2)Communications Act 2003Sch. 3A para. 37(3)(aza)Product Security and Telecommunications Infrastructure Act 2022Sch. para. 3(9)s. 79(2)Communications Act 2003Sch. 3A para. 84(1)(aza)Product Security and Telecommunications Infrastructure Act 2022Sch. para. 3(10)s. 79(2)Communications Act 2003specified provision(s)Office of Communications Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2) (Amendment) Order 2004art. 2Communications Act 2003specified provision(s)Office of Communications Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2) (Amendment No. 2) Order 2004art. 2Communications Act 2003specified provision(s)Office of Communications Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2) (Amendment No. 3) Order 2004art. 2Part 2Networks, services and the radio spectrumChapter 3Disputes and appealsAppeals
192Appeals against decisions by OFCOM, the Secretary of State etc.(1)

This section applies to the following decisions—

(a)

a decision by OFCOM under this Part or any of Parts 1 to 3 of the Wireless Telegraphy Act 2006 that is not a decision specified in Schedule 8;

(b)

a decision (whether by OFCOM or another) to which effect is given by a direction, approval or consent given for the purposes of a provision of a condition set under section 45;

(c)

a decision to which effect is given by the modification or withdrawal of such a direction, approval or consent;

(d)

a decision by the Secretary of State to which effect is given by one of the following—

(i)

a specific direction under section 5 that is not about the making of a decision specified in Schedule 8;

(ii)

a restriction or condition set by regulations under section 109;

(iii)

a direction to OFCOM under section 132;

(iv)

a specific direction under section 5 of the Wireless Telegraphy Act 2006 that is not about the making of a decision specified in Schedule 8.

(2)

A person affected by a decision to which this section applies may appeal against it to the Tribunal.

(3)

The means of making an appeal is by sending the Tribunal a notice of appeal in accordance with Tribunal rules.

(4)

The notice of appeal must be sent within the period specified, in relation to the decision appealed against, in those rules.

(5)

The notice of appeal must set out—

(a)

the provision under which the decision appealed against was taken; and

(b)

the grounds of appeal.

(6)

The grounds of appeal must be set out in sufficient detail to indicate—

(a)

to what extent (if any) the appellant contends that the decision appealed against was based on an error of fact or was wrong in law or both; and

(b)

to what extent (if any) the appellant is appealing against the exercise of a discretion by OFCOM, by the Secretary of State or by another person.

(7)

In this section and Schedule 8 references to a decision under an enactment—

(a)

include references to a decision that is given effect to by the exercise or performance of a power or duty conferred or imposed by or under an enactment; but

(b)

include references to a failure to make a decision, and to a failure to exercise a power or to perform a duty, only where the failure constitutes a failure to grant an application or to comply with any other form of request to make the decision, to exercise the power or to perform the duty;

and references in the following provisions of this Chapter to a decision appealed against are to be construed accordingly.

(8)

For the purposes of this section and the following provisions of this Chapter a decision to which effect is given by the exercise or performance of a power or duty conferred or imposed by or under an enactment shall be treated, except where provision is made for the making of that decision at a different time, as made at the time when the power is exercised or the duty performed.