Part 6: Miscellaneous Section 88: Functions of OFCOM in relation to the BBC
This section amends section 198 of the 2003 Act to broaden the ability of Ofcom to regulate the activities of the BBC, giving Ofcom expanded regulatory powers in relation to the BBC’s activities. Subsection (3) provides that the BBC Charter and Framework Agreement will specify how Ofcom will exercise its statutory powers in relation to the BBC, including in relation to the BBC’s commercial services.
	This section also creates a new provision in the 2003 Act which confers a power for Ofcom to fine a person who does not provide information in connection with Ofcom’s regulatory functions in relation to the BBC. The substantive requirements for Ofcom to fulfil before it can issue a fine are provided for in section 88. The section also requires Ofcom to publish guidance in order to provide clarity as to how it will approach issuing penalties. These powers are similar to those Ofcom already has in relation to telecommunications, but with a lesser maximum financial penalty of up to £250,000 (which will be a form of civil, as opposed to criminal, fine).