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(7) Arrangements made by OFCOM for the purposes of this section may include | |
arrangements for the carrying out of research in one or more of the following | |
ways— | |
(a) by members or employees of OFCOM; | |
(b) by the Content Board; | 5 |
(c) in accordance with arrangements made by that Board; | |
(d) by persons who are neither members nor employees of OFCOM. | |
(8) In this section references to the publication of anything by means of the | |
electronic media are references to its being— | |
(a) broadcast so as to be available for reception by members of the public | 10 |
or of a section of the public; or | |
(b) distributed by means of an electronic communications network to | |
members of the public or of a section of the public. | |
(9) This section does not restrict OFCOM’s power to make any arrangements they | |
consider to be incidental or conducive to the carrying out of any of their | 15 |
functions. | |
14 Duty to publish and take account of research | |
(1) It shall be the duty of OFCOM— | |
(a) to publish the results of any research carried out by them or on their | |
behalf under section 13; and | 20 |
(b) to consider and, to such extent as they think fit, to take account of the | |
results of such research in the carrying out of their functions. | |
(2) OFCOM is not required under this section— | |
(a) to publish any matter that is confidential in accordance with subsection | |
(3) or (4); or | 25 |
(b) to publish anything that it would not be reasonably practicable to | |
publish without disclosing such a matter. | |
(3) A matter is confidential under this subsection if— | |
(a) it relates specifically to the affairs of a particular body; and | |
(b) publication of that matter would or might, in OFCOM’s opinion, | 30 |
seriously and prejudicially affect the interests of that body. | |
(4) A matter is confidential under this subsection if— | |
(a) it relates to the private affairs of an individual; and | |
(b) publication of that matter would or might, in OFCOM’s opinion, | |
seriously and prejudicially affect the interests of that individual. | 35 |
(5) The publication of research under this section must be in such manner as | |
OFCOM consider appropriate. | |
15 Consumer consultation | |
(1) It shall be the duty of OFCOM to establish and maintain effective arrangements | |
for consultation about the carrying out of their functions with— | 40 |
(a) consumers in the markets for the services and facilities in relation to | |
which OFCOM have functions; | |
(b) consumers in the markets for apparatus used in connection with any | |
such services or facilities; | |
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(c) consumers in the markets for directories capable of being used in | |
connection with the use of an electronic communications network or | |
electronic communications service. | |
(2) The arrangements must include the establishment and maintenance of a panel | |
of persons (in this Act referred to as “the Consumer Panel”) with the function | 5 |
of advising both— | |
(a) OFCOM; and | |
(b) such other persons as the Panel think fit. | |
(3) The arrangements must secure that the matters about which the Consumer | |
Panel are able to give advice include the interests of domestic and small | 10 |
business consumers in relation to the following matters— | |
(a) the provision of electronic communications networks; | |
(b) the provision and making available of the services and facilities | |
mentioned in subsection (4); | |
(c) the supply of apparatus designed or adapted for use in connection with | 15 |
any such services or facilities; | |
(d) the supply of directories capable of being used in connection with the | |
use of an electronic communications network or electronic | |
communications service; | |
(e) the financial and other terms on which such services or facilities are | 20 |
provided or made available, or on which such apparatus or such a | |
directory is supplied; | |
(f) standards of service, quality and safety for such services, facilities, | |
apparatus and directories; | |
(g) the handling of complaints made by persons who are consumers in the | 25 |
markets for such services, facilities, apparatus or directories to the | |
persons who provide the services or make the facilities available, or | |
who are suppliers of the apparatus or directories; | |
(h) the resolution of disputes between such consumers and the persons | |
who provide such services or make such facilities available, or who are | 30 |
suppliers of such apparatus or directories; | |
(i) the provision of remedies and redress in respect of matters that form | |
the subject-matter of such complaints or disputes; | |
(j) the information about service standards and the rights of consumers | |
that is made available by persons who provide or make available such | 35 |
services or facilities, or who are suppliers of such apparatus or | |
directories; | |
(k) any other matter appearing to the Panel to be necessary for securing | |
effective protection for persons who are consumers in the markets for | |
any such services, facilities, apparatus or directories. | 40 |
(4) Those services and facilities are— | |
(a) electronic communications services; | |
(b) associated facilities; | |
(c) directory enquiry facilities; | |
(d) a service consisting in the supply of information for use in responding | 45 |
to directory enquiries or of an electronic programme guide; and | |
(e) every service or facility not falling within any of the preceding | |
paragraphs which is provided or made available to members of the | |
public— | |
(i) by means of an electronic communications network; and | 50 |
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(ii) in pursuance of agreements entered into between the person by | |
whom the service or facility is provided or made available and | |
each of those members of the public. | |
(5) The matters about which the Consumer Panel are to be able to give advice do | |
not include matters that concern the contents of anything which is or may be | 5 |
broadcast or otherwise transmitted by means of electronic communications | |
networks. | |
(6) The arrangements made by OFCOM under this section must also secure that | |
the Consumer Panel are able, in addition to giving advice on the matters | |
mentioned in subsection (3), to do each of the following— | 10 |
(a) at the request of OFCOM, to carry out research for OFCOM in relation | |
to any of the matters in relation to which OFCOM have functions under | |
section 13; | |
(b) to make arrangements for the carrying out of research into such other | |
matters appearing to the Panel to be relevant to the carrying out of the | 15 |
Panel’s functions as they think fit; | |
(c) to give advice to OFCOM in relation to any matter referred to the Panel | |
by OFCOM for advice; | |
(d) to publish such information as the Panel think fit about the advice they | |
give, about the carrying out of the Panel’s other functions and about the | 20 |
results of research carried out by them or on their behalf. | |
(7) It shall be the duty of OFCOM, in the carrying out of their functions, to | |
consider and, to such extent as they think appropriate, to have regard to— | |
(a) any advice given to OFCOM by the Consumer Panel; and | |
(b) any results notified to OFCOM of any research undertaken by that | 25 |
Panel. | |
(8) It shall also be the duty of OFCOM (subject to subsection (9))— | |
(a) to provide the Consumer Panel with all such information as, having | |
regard, in particular, to the need to preserve commercial | |
confidentiality, OFCOM consider appropriate to disclose to the Panel | 30 |
for the purpose of enabling the Panel to carry out their functions; and | |
(b) to provide the Panel with all such further information as the Panel may | |
require. | |
(9) OFCOM is not required to provide information by virtue of subsection (8)(b) | |
if, having regard to— | 35 |
(a) the need to preserve commercial confidentiality, and | |
(b) any other matters that appear to OFCOM to be relevant, | |
it is reasonable for OFCOM to refuse to disclose it to the Panel. | |
(10) It shall be the duty of OFCOM, in the case of any advice or opinion received | |
from and published by the Panel which OFCOM propose to disregard in whole | 40 |
or in part, or with which OFCOM disagree in whole or in part— | |
(a) to ensure that the Panel know OFCOM’s reasons for disregarding or | |
disagreeing with the advice or opinion; and | |
(b) to ensure that those reasons are or have been published in such manner | |
as OFCOM consider appropriate for bringing them to the attention of | 45 |
persons who are aware of the Panel’s advice or opinion. | |
(11) In this section— | |
“domestic and small business consumer” means a person who— | |
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(a) is a consumer in the market for services or facilities mentioned | |
in subsection (4) or for apparatus designed or adapted for use in | |
connection with any such services or facilities; but | |
(b) is neither— | |
(i) a communications provider or a person who makes | 5 |
associated facilities available; nor | |
(ii) a person who is a consumer in the market in respect of an | |
undertaking carried on by him for which more than ten | |
individuals work (whether as employees or volunteers or | |
otherwise); | 10 |
“electronic programme guide” means a service which consists of— | |
(a) the listing or promotion, or both the listing and the promotion, | |
of some or all of the programmes included in any one or more | |
programme services the providers of which are or include | |
persons other than the provider of the guide; and | 15 |
(b) a facility for obtaining access, in whole or in part, to the | |
programme service or services listed or promoted in the guide. | |
16 Membership etc. of the Consumer Panel | |
(1) The members of the Consumer Panel shall be appointed by OFCOM and shall | |
comprise a chairman and such other members as OFCOM may determine. | 20 |
(2) The approval of the Secretary of State is required for the appointment of a | |
person to be the chairman or to be another member of the Panel. | |
(3) In appointing persons to be members of the Consumer Panel, OFCOM must | |
secure that, for each of the following parts of the United Kingdom— | |
(a) England, | 25 |
(b) Scotland, | |
(c) Wales, and | |
(d) Northern Ireland, | |
there is a different member of the Panel capable of representing the interests | |
and opinions of persons living in that part of the United Kingdom. | 30 |
(4) In appointing persons to be members of the Consumer Panel, OFCOM must | |
secure, so far as practicable, that the Panel are able to give informed advice | |
about matters referable to each of the following— | |
(a) the interests of persons living in rural areas; | |
(b) the interests of persons living in urban areas; | 35 |
(c) the interests of small businesses; | |
(d) the interests of disadvantaged persons, persons with low incomes and | |
persons with disabilities; and | |
(e) the interests of the elderly. | |
(5) The validity of any proceedings of the Consumer Panel shall not be affected by | 40 |
any failure by OFCOM to comply with subsection (3) or (4). | |
(6) It shall be the duty of the Consumer Panel, in carrying out their functions, to | |
have regard to the following interests— | |
(a) the interests of persons from the different parts of the United Kingdom; | |
and | 45 |
(b) the interests specified in subsection (4). | |
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(7) A person shall be disqualified from being the chairman or a member of the | |
Consumer Panel if he is a member or employee of OFCOM. | |
(8) The chairman and every member of the Consumer Panel— | |
(a) shall be appointed for a fixed period specified in the terms of his | |
appointment but shall be eligible for re-appointment at the end of that | 5 |
period; and | |
(b) may at any time be removed from the Panel by a notice given by | |
OFCOM with the approval of the Secretary of State. | |
(9) OFCOM may pay to the chairman and to any other member of the Consumer | |
Panel such remuneration and allowances as OFCOM consider appropriate. | 10 |
17 Committees and other procedure of the Consumer Panel | |
(1) The Consumer Panel may make such arrangements as they think fit for | |
committees established by the Panel to give advice to them about matters | |
relating to the carrying out of the Panel’s functions. | |
(2) The Consumer Panel may make such other arrangements for regulating their | 15 |
own procedure, and for regulating the procedure of the committees | |
established by them, as they think fit. | |
(3) Those arrangements may include arrangements as to quorums and as to the | |
making of decisions by a majority. | |
(4) The committees established by the Panel may include committees the | 20 |
membership of which includes persons (including persons constituting a | |
majority of the committee) who are not members of the Panel. | |
(5) The membership of every committee established by the Consumer Panel must | |
contain at least one person who is a member of the Panel. | |
(6) Where a person who is not a member of the Consumer Panel is a member of a | 25 |
committee established by the Panel, OFCOM may pay to that person such | |
remuneration and expenses as OFCOM may determine. | |
18 Power to amend remit of Consumer Panel | |
(1) The Secretary of State may by order modify subsection (3) of section 15 so as to | |
add to the matters about which the Consumer Panel are required to be able to | 30 |
give advice. | |
(2) Before making an order under this section the Secretary of State must consult | |
OFCOM and such other persons as he thinks fit. | |
(3) No order is to be made containing provision authorised by this section unless | |
a draft of the order has been laid before Parliament and approved by a | 35 |
resolution of each House. | |
(4) The power to amend or revoke an order under this section does not include | |
power to provide for a matter to cease to be a matter about which the | |
Consumer Panel are required to be able to give advice. | |
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