Office of Communications Act 2002

2Initial function of OFCOM

(1)It shall be the function of OFCOM (subject to subsection (5)) to do such things as they consider appropriate for facilitating the implementation of, or for securing the modification of, any relevant proposals about the regulation of communications.

(2)It shall be the duty of OFCOM to carry out their function under subsection (1) in such manner as—

(a)appears to them to ensure, so far as they are facilitating the implementation of any such proposals, that there is effective co-operation in relation to the implementation of the proposals between themselves and both the existing regulators and the Secretary of State; and

(b)does not interfere—

(i)with the effective carrying out by the existing regulators of the functions conferred on them otherwise than by this Act; or

(ii)with the effective carrying out by the Secretary of State of his functions relating to wireless telegraphy.

(3)In this Act references to relevant proposals about the regulation of communications are references to the following proposals (whether or not Parliament has given any approval on which the implementation of the proposals depends)—

(a)any proposals by the Secretary of State for the conferring on OFCOM (whether by transfers from the existing regulators or otherwise) of any functions relating to telecommunications, wireless telegraphy, broadcasting, radio and television services or other activities connected with the communications industry; and

(b)any other proposals by the Secretary of State made in association with any proposals falling within paragraph (a) and relating to the subject- matter of those proposals, to any matters that are incidental or supplemental to those proposals or to any consequential or transitional matters.

(4)Subject to subsections (5) and (6), OFCOM shall have power, for the purpose of carrying out their function under subsection (1), to do such things as appear to them to be incidental or conducive to the carrying out of that function.

(5)Nothing in this section shall be taken, in relation to proposals that have not yet been approved by Parliament—

(a)as dispensing with the need for any Parliamentary approval otherwise required for the implementation of the proposals; or

(b)as authorising OFCOM, before any such approval is given, to engage in any activities other than activities which are connected with, or consist in, either—

(i)the formulation of the proposals; or

(ii)the taking of preparatory steps towards their implementation when approved.

(6)OFCOM shall not have any power, for the purposes of or in connection with their function under this section, to borrow money from any person other than the Secretary of State.