OpenLegislation

Section 47 Test for setting or modifying conditionsI1I2

United Kingdom

(1)

OFCOM must not, in exercise or performance of any power or duty under this Chapter—

(a)

set a condition under section 45, or

(b)

modify such a condition,

unless they are satisfied that the condition or (as the case may be) the modification satisfies the test in subsection (2).

(2)

That test is that the condition or modification is—

(a)

objectively justifiable in relation to the networks, services, facilities, apparatus or directories to which it relates F1(but this paragraph is subject to subsection (3)) ;

(b)

not such as to discriminate unduly against particular persons or against a particular description of persons;

(c)

proportionate to what the condition or modification is intended to achieve; and

(d)

in relation to what it is intended to achieve, transparent.

(3)

F2Subsection (2)(a) does not apply in relation to the setting of a general condition.

(4)

F3This section does not apply in relation to the setting or modification of a social tariff condition in accordance with a direction under section 72D(7).

Annotations

Textual amendments

F1

Words in s. 47(2)(a) inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 21(a) (with Sch. 3 para. 2)

F2

S. 47(3) inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 21(b) (with Sch. 3 para. 2)

F3

S. 47(4) inserted (21.12.2020) by The Electronic Communications and Wireless Telegraphy (Amendment) (European Electronic Communications Code and EU Exit) Regulations 2020 (S.I. 2020/1419), reg. 1(2), Sch. 1 para. 12

Commencement

I1

S. 47 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

I2

S. 47 in force at 29.12.2003 in so far as not already in force by S.I. 2003/3142, art. 3(2) (with art. 11)