http://www.legislation.gov.uk/ukpga/2003/21/section/5/2012-01-31Communications 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 Participation2012-01-31 Part 1Functions of <Abbreviation Expansion="Office of Communications">OFCOM</Abbreviation><Emphasis>General duties in carrying out functions</Emphasis>Directions in respect of networks and spectrum functions51This section applies to the following functions of OFCOM—atheir functions under Part 2; andbtheir functions under the enactments relating to the management of the radio spectrum that are not contained in that Part.2It shall be the duty of OFCOM to carry out those functions in accordance with such general or specific directions as may be given to them by the Secretary of State.3The Secretary of State’s power to give directions under this section shall be confined to a power to give directions for one or more of the following purposes—ain the interests of national security;bin the interests of relations with the government of a country or territory outside the United Kingdom;cfor the purpose of securing compliance with international obligations of the United Kingdom;din the interests of the safety of the public or of public health.3AThe Secretary of State may not give a direction under this section in respect of a function that Article 3(3a) of the Framework Directive requires OFCOM to exercise without seeking or taking instructions from any other body.4The Secretary of State is not entitled by virtue of any provision of this section to direct OFCOM to suspend or restrict—aa person’s entitlement to provide an electronic communications network or electronic communications service; orba person’s entitlement to make available associated facilities.4ABefore giving a direction under this section, the Secretary of State must take due account of the desirability of not favouring—aone form of electronic communications network, electronic communications service or associated facility, orbone means of providing or making available such a network, service or facility,over another.5The Secretary of State must publish a direction under this section in such manner as appears to him to be appropriate for bringing it to the attention of the persons who, in his opinion, are likely to be affected by it.6The Secretary of State is not required by subsection (5) to publish a direction, and he may exclude matter from a direction he does publish, if he considers the publication of the direction or matter to be—aagainst the interests of national security; orbagainst the interests of relations with the government of a country or territory outside the United Kingdom.7Subsection (4) does not affect the Secretary of State’s powers under section 132.S. 5 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. 5 in force at 18.9.2003 in so far as not already in force by S.I. 2003/1900, art. 2(2), Sch. 2S. 5 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)S. 5(3A) inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 7(a) (with Sch. 3 para. 2)S. 5(4A) inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 7(b) (with Sch. 3 para. 2)