Commentary on provisions of Act Section 65: Office of Communications
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 the Communications Act 2002 ("the 2002 Act").
	Section 1 of the 2002 Act provides that the Secretary of State appoints the chairperson and other members of Ofcom. Subsections (1) to (3) of this section amend section 1 of the 2002 Act to provide that the Scottish Ministers shall appoint one member of Ofcom and, before doing so, they must consult the Secretary of State. Subsection (4) ensures that the member appointed by the Scottish Ministers has the same functions as other non-executive members of Ofcom in the appointment of any executive members of Ofcom.
	The procedures adopted by the Secretary of State when making appointments to Ofcom are monitored by the Commissioner for Public Appointments in accordance with the Public Appointments Order in Council 2014. In particular, the code of practice published by the Commissioner on the principle of selection on merit for public appointments. Subsection (10) of this section amends the Order in Council to add the Scottish Ministers to the definition of an ‘appointing authority’ and therefore brings the Scottish Ministers appointment of a member of Ofcom within the ambit of the Order.
	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 Scottish Ministers. The functions relating to ensuring that a person being appointed to Ofcom does not have any conflict of interest and the functions relating to a member’s resignation or removal for office are conferred on the Scottish Ministers. The member may only be removed from office by the Scottish Ministers following consultation with the Secretary of State.
	Subsections (7) to (8) of this section amend the Schedule to the 2002 Act to require the Comptroller and Auditor General to send a copy of Ofcom’s statement of accounts the Comptroller and Auditor General’s report to the Scottish Ministers and for the Scottish Ministers to lay those documents before the Scottish Parliament. Similarly, subsection (9) amends the Schedule to the 2002 Act to require Ofcom to send its annual report to the Scottish Ministers and for the Scottish Ministers to lay the report before the Scottish Parliament.