Part 6: Miscellaneous Section 99: OFCOM and Northern Ireland
Ofcom is the UK-wide independent communications regulator overseeing television, radio, telecommunications, mobiles, postal services and the airwaves. It was established by the Office of Communications Act 2002 ("the 2002 Act").
	Section 1 of the 2002 Act provides that the Secretary of State appoints the chair and other members of Ofcom and that the Scottish Ministers appoint a member. Subsections (1) to (4) of this section amend section 1 of the 2002 Act to provide that the Minister for the Economy in Northern Ireland shall appoint one member of Ofcom and that, before doing so, they must consult the Secretary of State. Subsection (4) ensures that the member appointed by the Northern Ireland Ministers has the same functions as other non-executive members of Ofcom in the appointment of any executive members of Ofcom.
	The Schedule to the 2002 Act makes further provision about Ofcom including: qualification for membership, tenure of office, accounts and audit and annual reports. Subsection (5) of this section amends the application of the Schedule in relation to the member of Ofcom appointed by the Minister for the Economy of Northern Ireland. The functions relating to ensuring that a person being appointed to Ofcom does not have any conflict of interest and the functions relating to the member’s resignation or removal from office are conferred on the Northern Ireland Ministers. The member may only be removed from office by the Minister for the Economy in Northern Ireland following consultation with the Secretary of State.
	Subsection (7) of this section amends the Schedule to the 2002 Act to require the Comptroller and Auditor General to send a copy of Ofcom’s statement of accounts and the Comptroller and Auditor General’s report to the Minister for the Economy in Northern Ireland and for the Minister to lay those documents before the Northern Ireland Assembly. Similarly, subsection (8) amends the Schedule to the 2002 Act to require Ofcom to send its annual report to the Minister for the Economy in Northern Ireland and for the Minister to lay the report before the Northern Ireland Assembly.
	Section 44 of the Northern Ireland Act 1998 (power of Assembly to call for witnesses and documents: limitation by reference to transferred matters etc) gives the Northern Ireland Assembly the power to require persons and UK Ministers to appear before it to give evidence or produce documents in relation to any subject for which the Northern Ireland Assembly has general responsibility. Subsection (9) of this section gives the Northern Ireland Assembly the power to compel witnesses and documents from Ofcom in relation to the functions exercised by OFCOM in relation to Northern Ireland.