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(a) must be published as soon as practicable after the commencement of | |
this section; and | |
(b) shall be a statement for the period of twelve months beginning with the | |
day of its publication. | |
(6) A subsequent statement— | 5 |
(a) must be published during the period to which the previous statement | |
related; and | |
(b) must be a statement for the period of twelve months beginning with the | |
end of the previous period. | |
(7) It shall be the duty of OFCOM, in carrying out their functions at times during | 10 |
a period for which a statement is in force under this section, to have regard to | |
that statement. | |
(8) OFCOM may, if they think fit, revise a statement under this section at any time | |
before or during the period for which it is made. | |
(9) Where OFCOM revise a statement, they must publish the revision as soon as | 15 |
practicable. | |
(10) The publication under this section of a statement, or of a revision of a | |
statement, must be in such manner as OFCOM consider appropriate for | |
bringing it to the attention of the persons who, in their opinion, are likely to be | |
affected by the matters to which it relates. | 20 |
7 Duty to carry out impact assessments | |
(1) This section applies where— | |
(a) OFCOM are proposing to do anything for the purposes of, or in | |
connection with, the carrying out of their functions; and | |
(b) it appears to them that the proposal is important; | 25 |
but this section does not apply if it appears to OFCOM that the urgency of the | |
matter makes it impracticable or inappropriate for them to comply with the | |
requirements of this section. | |
(2) A proposal is important for the purposes of this section only if its | |
implementation would be likely to do one or more of the following— | 30 |
(a) to involve a major change in the activities carried on by OFCOM; | |
(b) to have a significant impact on persons carrying on businesses in the | |
markets for any of the services, facilities, apparatus or directories in | |
relation to which OFCOM have functions; or | |
(c) to have a significant impact on the general public in the United | 35 |
Kingdom or in a part of the United Kingdom. | |
(3) Before implementing their proposal, OFCOM must either— | |
(a) carry out and publish an assessment of the likely impact of | |
implementing the proposal; or | |
(b) publish a statement setting out their reasons for thinking that it is | 40 |
unnecessary for them to carry out an assessment. | |
(4) An assessment carried out under this section— | |
(a) may take such form, and | |
(b) must relate to such matters, | |
as OFCOM consider appropriate. | 45 |
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(5) In determining the matters to which an assessment under this section should | |
relate, OFCOM must have regard to such general guidance relating to the | |
carrying out of impact assessments as they consider appropriate. | |
(6) Where OFCOM publish an assessment under this section— | |
(a) they must provide an opportunity of making representations to them | 5 |
about their proposal to members of the public and other persons who, | |
in OFCOM’s opinion, are likely to be affected to a significant extent by | |
its implementation; | |
(b) the published assessment must be accompanied by a statement setting | |
out how representations may be made; and | 10 |
(c) OFCOM are not to implement their proposal unless the period for | |
making representations about it has expired and they have considered | |
all the representations that were made in that period. | |
(7) Where OFCOM are required (apart from this section)— | |
(a) to consult about a proposal to which this section applies, or | 15 |
(b) to give a person an opportunity of making representations about it, | |
the requirements of this section are in addition to, but may be performed | |
contemporaneously with, the other requirements. | |
(8) Every report under paragraph 12 of the Schedule to the Office of | |
Communications Act 2002 (c. 11) (OFCOM’s annual report) must set out— | 20 |
(a) a list of the assessments under this section carried out during the | |
financial year to which the report relates; and | |
(b) a summary of the decisions taken during that year in relation to | |
proposals to which assessments carried out in that year or previous | |
financial years relate. | 25 |
(9) The publication of anything under this section must be in such manner as | |
OFCOM consider appropriate for bringing it to the attention of the persons | |
who, in OFCOM’s opinion, are likely to be affected if their proposal is | |
implemented. | |
8 Duty to publish and meet promptness standards | 30 |
(1) It shall be the duty of OFCOM to publish a statement setting out the standards | |
they are proposing to meet with respect to promptness in— | |
(a) the carrying out of their different functions; and | |
(b) the transaction of business for purposes connected with the carrying | |
out of those functions. | 35 |
(2) This section does not require standards to be set out with respect to anything | |
which (apart from this section) is required to be done by a time, or within a | |
period, provided for by or under an enactment. | |
(3) OFCOM may, if they think fit, at any time revise the statement for the time | |
being in force under this section. | 40 |
(4) It shall be the duty of OFCOM— | |
(a) in carrying out their functions, and | |
(b) in transacting business for purposes connected with the carrying out of | |
their functions, | |
to have regard to the statement for the time being in force under this section. | 45 |
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(5) Where OFCOM revise a statement under this section, they must publish the | |
revision as soon as practicable. | |
(6) The publication under this section of a statement, or of a revision of a | |
statement, must be in such manner as OFCOM consider appropriate for | |
bringing it to the attention of the persons who, in their opinion, are likely to be | 5 |
affected by the matters to which it relates. | |
(7) OFCOM’s report under paragraph 12 of the Schedule to the Office of | |
Communications Act 2002 (c. 11) (annual report) for each financial year must | |
contain a statement by OFCOM summarising the extent to which they have | |
complied during that year with the standards set out under this section. | 10 |
9 Secretary of State’s powers in relation to promptness standards | |
(1) Where the Secretary of State considers that the statement published by | |
OFCOM under section 8 is not adequate for securing that they meet | |
satisfactory promptness standards, he may give them a notification to that | |
effect. | 15 |
(2) If the period of three months after the date of the giving of a notification under | |
subsection (1) expires without OFCOM taking steps which the Secretary of | |
State is satisfied remedy the situation, he may give them a direction under this | |
section. | |
(3) A direction under this section is one requiring OFCOM to issue a new or | 20 |
revised statement under section 8 in accordance with the direction. | |
(4) Before giving a direction under this section, the Secretary of State must— | |
(a) give OFCOM an opportunity of making representations to him about | |
his proposed direction; and | |
(b) have regard to any representations made to him by them. | 25 |
(5) Where the Secretary of State gives a direction to OFCOM under this section, he | |
must publish a copy of it in such manner as he considers appropriate for | |
bringing it to the attention of persons who, in his opinion, are likely to be | |
affected by OFCOM’s promptness standards. | |
(6) It shall be the duty of OFCOM to revise their statement under section 8 in | 30 |
accordance with any direction of the Secretary of State under this section. | |
(7) In this section “promptness standards” means standards of promptness in— | |
(a) the carrying out by OFCOM of their different functions; and | |
(b) the transaction by them of business for purposes connected with the | |
carrying out of those functions. | 35 |
(8) No notification is to be given under subsection (1) at any time in the period of | |
twelve months beginning with the commencement of section 8. | |
Media literacy | |
10 Duty to promote media literacy | |
(1) It shall be the duty of OFCOM to take such steps, and to enter into such | 40 |
arrangements, as appear to them calculated— | |
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(a) to bring about, or to encourage others to bring about, a better public | |
understanding of the nature and characteristics of material published | |
by means of the electronic media; | |
(b) to bring about, or to encourage others to bring about, a better public | |
awareness and understanding of the processes by which such material | 5 |
is selected, or made available, for publication by such means; | |
(c) to bring about, or to encourage others to bring about, the development | |
of a better public awareness of the available systems by which access to | |
material published by means of the electronic media is or can be | |
regulated; | 10 |
(d) to bring about, or to encourage others to bring about, the development | |
of a better public awareness of the available systems by which persons | |
to whom such material is made available may control what is received | |
and of the uses to which such systems may be put; and | |
(e) to encourage the development and use of technologies and systems for | 15 |
regulating access to such material, and for facilitating control over what | |
material is received, that are both effective and easy to use. | |
(2) 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 | 20 |
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. | |
OFCOM’s Content Board | |
11 Duty to establish and maintain Content Board | 25 |
(1) It shall be the duty of OFCOM, in accordance with the following provisions of | |
this section, to exercise their powers under paragraph 14 of the Schedule to the | |
Office of Communications Act 2002 (c. 11) (committees of OFCOM) to establish | |
and maintain a committee to be known as “the Content Board”. | |
(2) The Content Board shall consist of— | 30 |
(a) a chairman appointed by OFCOM; and | |
(b) such number of other members appointed by OFCOM as OFCOM | |
think fit. | |
(3) The chairman of the Content Board must be a non-executive member of | |
OFCOM but is not to be the chairman of OFCOM. | 35 |
(4) In appointing persons to be members of the Content Board, OFCOM must | |
secure that, for each of the following parts of the United Kingdom— | |
(a) England, | |
(b) Scotland, | |
(c) Wales, and | 40 |
(d) Northern Ireland, | |
there is a different member of the Board capable of representing the interests | |
and opinions of persons living in that part of the United Kingdom. | |
(5) In appointing a person for the purposes of subsection (4)(a), OFCOM must | |
have regard to the desirability of ensuring that the person appointed is able to | 45 |
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(5) represent the interests and opinions of persons living in all the different | |
regions of England. | |
(6) The validity of any proceedings of the Content Board shall not be affected by | |
any failure by OFCOM to comply with subsection (4) or (5). | |
(7) It shall be the duty of OFCOM when appointing members of the Content Board | 5 |
in accordance with paragraph 14(3) of the Office of Communications Act 2002 | |
(c. 11) (at least one member of non-advisory committee to be member or | |
employee of OFCOM) to secure, so far as practicable, that a majority of the | |
members of the Board (counting the chairman) consists of persons who are | |
neither members nor employees of OFCOM. | 10 |
(8) The following shall be disqualified from being the chairman or another | |
member of the Content Board— | |
(a) governors and employees of the BBC; | |
(b) members and employees of the Welsh Authority; and | |
(c) members and employees of C4C. | 15 |
(9) Before appointing a person to be the chairman or another member of the | |
Content Board, OFCOM must satisfy themselves that he will not have any | |
financial or other interest which would be likely prejudicially to affect the | |
carrying out by him of any of his functions as chairman or member of the | |
Content Board. | 20 |
(10) A person is not to be taken to have such an interest by reason only that he is or | |
will be a member or employee of OFCOM. | |
(11) Every person whom OFCOM propose to appoint to be the chairman or another | |
member of the Content Board, shall, whenever requested to do so by OFCOM, | |
furnish OFCOM with any information they consider necessary for the | 25 |
performance of their duty under subsection (9). | |
(12) In addition to paying remuneration and expenses under paragraph 14(4) of the | |
Schedule to the Office of Communications Act 2002, OFCOM may— | |
(a) pay to, or in respect of, any member of the Content Board who is not a | |
member or employee of OFCOM, such sums by way of pensions, | 30 |
allowances or gratuities as OFCOM may determine; and | |
(b) provide for the making of such payments to or in respect of any such | |
member of the Content Board. | |
(13) In subsection (12)— | |
(a) the reference to pensions, allowances and gratuities includes a | 35 |
reference to similar benefits payable on death or retirement; and | |
(b) the reference to providing for the payment of a pension, allowance or | |
gratuity to, or in respect of, a person includes a reference to the making | |
of payments towards the provision or payment of a pension, allowance | |
or gratuity, or of any such similar benefits, to or in respect of that | 40 |
person. | |
12 Functions of the Content Board | |
(1) The Content Board shall have such functions as OFCOM, in exercise of their | |
powers under the Schedule to the Office of Communications Act 2002, may | |
confer on the Board. | 45 |
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(2) The functions conferred on the Board must include, to such extent and subject | |
to such restrictions and approvals as OFCOM may determine, the carrying out | |
on OFCOM’s behalf of— | |
(a) functions in relation to matters that concern the contents of anything | |
which is or may be broadcast or otherwise transmitted by means of | 5 |
electronic communications networks; and | |
(b) functions in relation to the promotion of public understanding or | |
awareness of matters relating to the publication of matter by means of | |
the electronic media. | |
(3) In determining what functions to confer on the Content Board, OFCOM must | 10 |
have particular regard to the desirability of securing that the Board have at | |
least a significant influence on decisions which— | |
(a) relate to the matters mentioned in subsection (2); and | |
(b) involve the consideration of different interests and other factors as | |
respects different parts of the United Kingdom. | 15 |
(4) It shall be the duty of the Content Board to ensure, in relation to— | |
(a) the carrying out of OFCOM’s functions under Part 3 of this Act, Parts 1 | |
and 3 of the 1990 Act and Parts 1 and 2 of the 1996 Act, | |
(b) the matters with respect to which functions are conferred on the Board, | |
and | 20 |
(c) such other matters mentioned in subsection (2) as OFCOM may | |
determine, | |
that OFCOM are aware of the different interests and other factors which, in the | |
Board’s opinion, need to be taken into account as respects the different parts of | |
the United Kingdom in relation to the carrying out of OFCOM’s functions. | 25 |
(5) The power of OFCOM to determine the Content Board’s functions includes | |
power to authorise the Board to establish committees and panels to advise the | |
Board on the carrying out of some or all of the Board’s functions. | |
(6) The power of OFCOM to authorise the establishment of a committee or panel | |
by the Content Board includes power to authorise the establishment of a | 30 |
committee or panel that includes persons who are not members of the Board. | |
(7) 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 | |
or of a section of the public; or | 35 |
(b) distributed by means of an electronic communications network to | |
members of the public or of a section of the public. | |
Functions for the protection of consumers | |
13 Consumer research | |
(1) OFCOM must make arrangements for ascertaining— | 40 |
(a) the state of public opinion from time to time about the manner in which | |
electronic communications networks and electronic communications | |
services are provided; | |
(b) the state of public opinion from time to time about the manner in which | |
associated facilities are made available; | 45 |
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(c) the experiences of consumers in the markets for electronic | |
communications services and associated facilities, in relation to the | |
manner in which electronic communications networks and electronic | |
communications services are provided and associated facilities made | |
available; | 5 |
(d) the experiences of such consumers in relation to the handling, by | |
communications providers and by persons making such facilities | |
available, of complaints made to them by such consumers; | |
(e) the experiences of such consumers in relation to the resolution of | |
disputes with communications providers or with persons making | 10 |
associated facilities available; and | |
(f) the interests and experiences of such consumers in relation to other | |
matters that are incidental to, or are otherwise connected with, their | |
experiences of the provision of electronic communications networks | |
and electronic communications services or of the availability of | 15 |
associated facilities. | |
(2) The matters to which the arrangements must relate do not include the | |
incidence or investigation of interference (within the meaning of the Wireless | |
Telegraphy Act 1949 (c. 54)) with wireless telegraphy. | |
(3) The matters to which the arrangements must relate do not (except so far as | 20 |
authorised or required by subsections (4) to (6)) include public opinion with | |
respect to— | |
(a) the contents of anything broadcast or otherwise published by means of | |
an electronic communications network; or | |
(b) the experiences or interests of consumers in any market for electronic | 25 |
communications services with respect to anything so broadcast or | |
published. | |
(4) OFCOM must make arrangements for ascertaining— | |
(a) the state of public opinion from time to time concerning programmes | |
included in television and radio services; | 30 |
(b) any effects of such programmes, or of other material published by | |
means of the electronic media, on the attitudes or behaviour of persons | |
who watch, listen to or receive the programmes or material; and | |
(c) so far as necessary for the purpose mentioned in subsection (5), the | |
types of programmes that members of the public would like to see | 35 |
included in television and radio services. | |
(5) That purpose is the carrying out by OFCOM of their functions under Chapter | |
4 of Part 3 of this Act. | |
(6) OFCOM must make arrangements for the carrying out of research into the | |
following— | 40 |
(a) the matters mentioned in section 10(1); | |
(b) matters relating to, or connected with, the setting of standards under | |
section 312 of this Act; | |
(c) matters relating to, or connected with, the observance of those | |
standards by persons providing television and radio services; | 45 |
(d) matters relating to, or connected with, the prevention of unjust or | |
unfair treatment in programmes included in such services; and | |
(e) matters relating to, or connected with, the prevention of unwarranted | |
infringements of privacy resulting from activities carried on for the | |
purposes of such services. | 50 |
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