Commentary on Sections Section 4: Functions of existing regulators
18.Section 4 provides additional functions for the existing regulators. These are in addition to those functions that they perform under the Telecommunications Act and the Broadcasting Acts.
19.In practice, the preparation for OFCOM to receive functions should proceed in a similar way in relation to functions currently exercised through the Radiocommunications Agency as for the functions of the four existing regulators. Section 4, however, makes no provision in respect of the Agency, because it is not an "existing regulator" as defined by section 6(1) but part of the Department of Trade and Industry, which needs no statutory authority to be able to prepare for OFCOM.
20.Subsection (2)imposes a duty upon existing regulators to comply with directions by the Secretary of State to prepare schemes for transfer to OFCOM of their property, rights and liabilities, so that they can be transferred with the minimum of delay when the regulatory functions are ready to be transferred to OFCOM under the Communications Bill.
21.Subsection (3) provides that the existing regulators have power to do anything incidental or conducive to their functions under this Act. This includes assistance to OFCOM by means of secondment of staff, payments and provision of information. This power is essential for the establishment of the correct structure and procedures that will need to be put into place to allow the smooth transition of functions and property under the Communications Bill.
22.Subsection (4) subjects the powers of the existing regulators in performing their new duty under this section to the same limitations concerning Parliamentary approval as OFCOM, in performing its initial function, is subject to under section 2(5) (see paragraph 15).