Part 2

Regulation of radio spectrum
Chapter 3

Management of radio spectrum

Statistical information

Restrictions on imposing information requirements
32B
1
This section limits the purposes for which, and manner in which, information may be required under section 32A.
2
OFCOM
are not to require the provision of information for the purpose of ascertaining whether a contravention of a term, provision or limitation has occurred or is occurring, unless—
a
the requirement is imposed for the purpose of investigating a matter about which
OFCOM
have received a complaint;
b
the requirement is imposed for the purposes of an investigation that
OFCOM
have decided to carry out into whether or not the term, provision or limitation in question has been complied with;
c
the term, provision or limitation in question is one which
OFCOM
have reason to suspect has been or is being contravened;
d
the term, provision or limitation in question relates to the effective and efficient use of frequencies; or
e
the term, provision or limitation in question relates to sums payable to
OFCOM
in respect of a wireless telegraphy licence.
3
OFCOM
are not to require the provision of information except—
a
by a demand for the information that describes the required information and sets out
OFCOM’s reasons for requiring it; and
b
where the making of a demand for the information is proportionate to the use to which the information is to be put in the carrying out of
OFCOM's
functions.
4
A demand for information must be contained in a notice served on the person from whom the information is required.
Ss. 32A-32E inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 2 para. 10 (with Sch. 3 para. 2)