Part 1Functions of OFCOM

General information functions

25F1Information requested by EU bodies

(1)

This section applies if—

(a)

the European F2Commission or BEREC requests OFCOM to provide it with information for the purpose of enabling it to perform any of its functions in relation to electronic communications networks, electronic communications services or associated facilities; and

(b)

the information is information obtained by OFCOM in the course of carrying out any of their functions under—

(i)

Part 2; F3...

(ii)

the enactments relating to the management of the radio spectrum that are not contained in that Part F4; or

F5(iii)

any other enactment relating to the regulation of electronic communications networks and electronic communications services.

F6(2)

OFCOM may comply with the request if and to the extent that—

(a)

they consider it appropriate to do so in connection with their functions, and

(b)

in the case of information relating to a particular business, they are satisfied that arrangements exist for preserving confidentiality.

(3)

If information provided to the European Commission F7or BEREC under this section has been obtained by OFCOM from a person who is or, at the time the information was obtained from him, was—

(a)

a communications provider, or

(b)

a person making associated facilities available,

OFCOM must notify him that they have provided the information to the Commission F8or, as the case may be, to BEREC.

(4)

It shall be for OFCOM to determine the manner in which a notification is given under subsection (3).