Commentary on Sections Section 2: Initial Function of OFCOM
13.Section 2 sets out the single function of OFCOM under this Act. This function is to prepare to assume functions at a later stage. OFCOM will be involved in making transitional arrangements. These might include setting up the structures of OFCOM and making ready for the transfers of staff, property and other rights and liabilities when the Communications Bill comes into force. OFCOM is not given powers to exercise any regulatory functions in relation to the communications sector under this Act. Those functions will be set out in the Communications Bill.
14.Subsection (2) provides for close co-operation during the transitional period between OFCOM and those involved in the existing regulatory regimes. This co-operation will be essential both to prepare for the smooth transition of functions under the Communications Bill to OFCOM and to avoid disrupting the existing regulatory regimes. OFCOM receives no regulatory functions under this Act, which will continue to be discharged by the Secretary of State and the existing regulators.
*the meaning of “existing regulators” is given in subsection (1) of Section 6. Those regulators are the Broadcasting Standards Commission, the Director General of Telecommunications, the Independent Television Commission and the Radio Authority. The expression does not include the Secretary of State and therefore does not include the Radiocommunications Agency.
15.Subsection (3) identifies the proposals about the future regulation of communications to which OFCOM’s function under the Act relates. Subsection (5) imposes limits on what OFCOM may do in relation to such proposals. These subsections make it plain that, if the proposals require Parliamentary approval for their implementation (e.g. if implementation would require the passing of an Act of Parliament or the approval of a statutory instrument), then nothing in the Act removes the need for that approval or authorises OFCOM to undertake activities other than those connected with the formulation of the proposals or to take steps other than those preparatory to implementation when that approval is given.