PART 3

REQUIREMENTS

Power to impose requirements
7
1
Subject to paragraph (2A), OFCOM shall have the power to impose requirements for either or both of the purposes in paragraph (2).
2
Those purposes are—
a
to ensure compliance with Articles 3 and 4 of the EU Regulation;
b
to ensure the continued availability of non-discriminatory internet access services at levels of quality that reflect advances in technology.
2A
A requirement imposed under paragraph (1) must be concerned with—
a
technical characteristics;
b
minimum quality of service requirements;
c
any other measure that is appropriate and necessary for either or both of the purposes in paragraph (2).
3
OFCOM's power to impose a requirement under paragraph (1) includes the power to—
a
impose a duty on the person or persons to whom the requirement is applied to comply with such directions with respect to the matters to which the requirement relates as may be given from time to time by OFCOM or by another person specified in the requirement;
b
impose a duty with respect to those matters that is framed by reference to, or is conditional upon, the giving of a consent or of an approval, or on the making of a recommendation, by OFCOM or by another person so specified;
c
confer, for the purposes of provision made by virtue of either of the preceding sub–paragraphs, a discretion exercisable from time to time by OFCOM or by another person specified in the requirement or determined in accordance with provision contained in it;
d
impose different requirements for different cases (including different requirements in relation to different parts of the United Kingdom);
e
revoke or modify the requirements for the time being in force.
4
Any person to whom requirements set under paragraph (1) are applied in accordance with paragraph (5) must comply with those requirements.
5
A requirement imposed under paragraph (1) may be applied to any provider of electronic communications to the public, including any provider of internet access services.
6
In this regulation, “provider of electronic communications to the public” and “internet access service” have the meanings given in Article 2 of the EU Regulation.
Words in reg. 7(1) inserted (31.12.2020) by The Open Internet Access (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1243), regs. 1, 2(5)(a); 2020 c. 1, Sch. 5 para. 1(1)
Reg. 7(2A) inserted (31.12.2020) by The Open Internet Access (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1243), regs. 1, 2(5)(b); 2020 c. 1, Sch. 5 para. 1(1)