Part 1

Functions of OFCOM

General information functions

Provision of information to assist in formulation of policy
24B
1
OFCOM
may provide the Secretary of State with any information that they consider may assist the Secretary of State in the formulation of policy.
2
Information with respect to a particular business that has been obtained in the exercise of a power conferred by—
a
this Act,
b
the 1990 Act,
c
the 1996 Act,
d
the Wireless Telegraphy Act 2006, ...
e
Part 3 of the Postal Services Act 2011,
or
f
the Online Safety Act 2023,
is not, so long as the business continues to be carried on, to be provided to the Secretary of State under this section without the consent of the person for the time being carrying on that business.
3
But subsection (2) does not prevent OFCOM providing the Secretary of State with any information that they consider may assist the Secretary of State in the formulation of policy in relation to the security of public electronic communications networks or public electronic communications services.
4
Subsection (2) does not apply to information—
a
obtained by OFCOM—
i
in the exercise of a power conferred by section 100 of the Online Safety Act 2023 for the purpose mentioned in subsection
(6)(c)
of that section (information in connection with a consultation about a threshold figure for the purposes of charging fees under that Act), or
ii
in the exercise of a power conferred by section 175(5) of that Act (information in connection with circumstances presenting a threat), and
b
reasonably required by the Secretary of State.
Ss. 24A, 24B inserted (31.7.2017) by Digital Economy Act 2017 (c. 30), ss. 98(2), 118(6) (with s. 98(3)); S.I. 2017/765, reg. 2(aa)
S. 24B(4) inserted (26.10.2023) by Online Safety Act 2023 (c. 50), ss. 117(3), 240(4)
S. 24B(2)(f) inserted (26.10.2023) by Online Safety Act 2023 (c. 50), ss. 117(2)(c), 240(4)
S. 24B(3) inserted (1.10.2022) by Telecommunications (Security) Act 2021 (c. 31), ss. 12(2), 28(2)(b); S.I. 2022/931, reg. 2(b)
Word in s. 24B(2)(e) inserted (26.10.2023) by Online Safety Act 2023 (c. 50), ss. 117(2)(b), 240(4)
Word in s. 24B(2)(d) omitted (26.10.2023) by virtue of Online Safety Act 2023 (c. 50), ss. 117(2)(a), 240(4)