http://www.legislation.gov.uk/ukpga/2003/21/section/7/2003-07-17Communications 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 Database2026-05-012003-07-17 Part 1 Functions of <Abbreviation Expansion="Office of Communications">OFCOM</Abbreviation><Emphasis>General duties in carrying out functions</Emphasis>Duty to carry out impact assessments71This section applies where—aOFCOM are proposing to do anything for the purposes of, or in connection with, the carrying out of their functions; andbit appears to them that the proposal is important;but this section does not apply if it appears to OFCOM that the urgency of the matter makes it impracticable or inappropriate for them to comply with the requirements of this section.2A proposal is important for the purposes of this section only if its implementation would be likely to do one or more of the following—ato involve a major change in the activities carried on by OFCOM;bto have a significant impact on persons carrying on businesses in the markets for any of the services, facilities, apparatus or directories in relation to which OFCOM have functions; orcto have a significant impact on the general public in the United Kingdom or in a part of the United Kingdom.3Before implementing their proposal, OFCOM must either—acarry out and publish an assessment of the likely impact of implementing the proposal; orbpublish a statement setting out their reasons for thinking that it is unnecessary for them to carry out an assessment.4An assessment under subsection (3)(a) must set out how, in OFCOM’s opinion, the performance of their general duties (within the meaning of section 3) is secured or furthered by or in relation to what they propose.5An assessment carried out under this section—amay take such form, andbmust relate to such matters,as OFCOM consider appropriate.6In determining the matters to which an assessment under this section should relate, OFCOM must have regard to such general guidance relating to the carrying out of impact assessments as they consider appropriate.7Where OFCOM publish an assessment under this section—athey must provide an opportunity of making representations to them about their proposal to members of the public and other persons who, in OFCOM’s opinion, are likely to be affected to a significant extent by its implementation;bthe published assessment must be accompanied by a statement setting out how representations may be made; andcOFCOM are not to implement their proposal unless the period for making representations about it has expired and they have considered all the representations that were made in that period.8Where OFCOM are required (apart from this section)—ato consult about a proposal to which this section applies, orbto give a person an opportunity of making representations about it,the requirements of this section are in addition to, but may be performed contemporaneously with, the other requirements.9Every report under paragraph 12 of the Schedule to the Office of Communications Act 2002 (c. 11) (OFCOM’s annual report) must set out—aa list of the assessments under this section carried out during the financial year to which the report relates; andba summary of the decisions taken during that year in relation to proposals to which assessments carried out in that year or previous financial years relate.10The publication of anything under this section must be in such manner as OFCOM consider appropriate for bringing it to the attention of the persons who, in OFCOM’s opinion, are likely to be affected if their proposal is implemented.