(2)OFCOM shall consist of such number of members as the Secretary of State may determine; but he shall not determine a membership for OFCOM of less than three or more than [F1thirteen].

(3)The membership of OFCOM shall comprise—

(a)a chairman appointed by the Secretary of State;

[F2(aa)a member appointed by the Scottish Ministers;]

[F3(ab)a member appointed by the Welsh Ministers;]

[F4(ac)a member appointed by the Minister for the Economy in Northern Ireland;]

(b)such number of other members appointed by the Secretary of State as he may determine; and

(c)the executive members.

[F5(3A)Before appointing a member under subsection (3)(aa) the Scottish Ministers must consult the Secretary of State.]

[F6(3B)Before appointing a member under subsection (3)(ab) the Welsh Ministers must consult the Secretary of State.]

[F7(3C)Before appointing a member under subsection (3)(ac) the Minister for the Economy must consult the Secretary of State.]

(4)The executive members of OFCOM shall comprise—

(a)the chief executive of OFCOM; and

(b)such other persons (if any) as may be appointed to membership of OFCOM from amongst their employees.

(5)It shall be for the members of OFCOM mentioned in subsection (3)(a) [F8, (aa)] [F9, (ab)] [F10, (ac)] and (b), after consulting the chief executive of OFCOM—

(a)to determine whether there should be any executive members falling within subsection (4)(b) and (subject to subsections (2) and (6)(a)) how many; and

(b)to make any appointments of executive members required for the purposes of any such determination.

(6)The Secretary of State—

(a)may, by a direction to OFCOM, set a maximum and a minimum number for the executive members of OFCOM; and

(b)shall exercise his powers under this section to secure that the number of executive members of OFCOM is, so far as practicable, at all times less than the number of other members.

(7)The Secretary of State may by order made by statutory instrument modify the numbers for the time being specified in subsection (2) as the maximum and minimum membership for OFCOM.

(8)A statutory instrument containing an order under subsection (7) shall be subject to annulment in pursuance of a resolution of either House of Parliament; and the power to make such an order shall include power to make such incidental, supplemental, consequential and transitional provision as the Secretary of State thinks fit.

(9)OFCOM shall not be treated for any purposes as a body exercising functions on behalf of the Crown; and, accordingly, no person shall be treated as a servant of the Crown by reason only of his membership of, or employment by, OFCOM.

(10)The Schedule (which makes provision in relation to OFCOM) shall have effect.

[F11(11)Paragraphs 1 and 2 of the Schedule apply in relation to the appointment made under subsection (3)(aa) as if—

(a)any reference to the Secretary of State was to the Scottish Ministers, and

(b)after paragraph 2(6) there were inserted—

“(7)Before the Scottish Ministers remove a person from office they must consult the Secretary of State.”]

[F12(12)Paragraphs 1 and 2 of the Schedule apply in relation to the appointment made under subsection (3)(ab) as if—

(a)any reference to the Secretary of State were to the Welsh Ministers, and

(b)after the paragraph 2(7) treated as inserted by subsection (11) there were inserted—

“(8)Before the Welsh Ministers remove a person from office they must consult the Secretary of State.”]

[F13(13)Paragraphs 1 and 2 of the Schedule apply in relation to the appointment made under subsection (3)(ac) as if—

(a)any reference to the Secretary of State were to the Minister for the Economy, and

(b)at the end of paragraph 2 there were inserted—

“(9)Before the Minister for the Economy removes a person from office the Minister must consult the Secretary of State.””]