Part 6: Miscellaneous Section 100: Retention by OFCOM of amounts paid under Wireless Telegraphy Act 2006
Section 400(1)(c) of the 2003 Act (Destination of fees and penalties) requires that that all charges imposed by Ofcom by or under its powers to manage the radio spectrum contained in Chapters 1 and 2 of Part 2 of the 2006 Act and the ordinary charging provisions in the new Part 2A (regulation of dynamic spectrum access services as inserted by section 8 of this Act) be paid into the Consolidated Fund. Section 401 of the 2003 Act (Power of Ofcom to retain costs of carrying out spectrum functions) - once that section is brought into force - enables Ofcom to publish a statement of principles (referred to in this section as "the statement") setting out the basis on which it can retain money that would otherwise be payable into the Consolidated Fund.
	This section provides that the statement no longer requires that the amounts retained by Ofcom in accordance with section 401 need be spent on or match only Ofcom’s own costs in performing spectrum management functions. Subsection (3) allows Ofcom’s statement to set out that it will use amounts retained by it under section 401 for such purposes as it specifies.
	Subsection (5) substitutes existing subsections (3) to (5) of section 401 with a new subsection (3) which requires that the amounts retained by Ofcom are objectively justifiable and proportionate to the costs in respect of which they are retained. Other limitations on how amounts are used are repealed.
	Subsection (7) of this section adds the requirement for the Secretary of State (in addition to the Treasury) to consent to the making, revision or withdrawal of a statement made in accordance with this section.