Commentary on Sections Section 5: Winding up of OFCOM on abandonment etc of proposals
23.Section 5 provides that if the Secretary of State considers that it is no longer necessary for OFCOM to continue to exist because of the abandonment or modification of relevant proposals about the regulation of communications, she may by order provide for the winding up and dissolution of OFCOM. Subsection (3) provides that the power to make an order for the winding up of OFCOM is subject to the affirmative resolution procedure in both Houses of Parliament.
24.The Secretary of State has the power, once she is of that opinion, to wind up OFCOM at any time; but if she is of that opinion after the end of 2003, subsection (2) places her under a duty to lay before Parliament a draft order providing for OFCOM to be wound up.