OpenLegislation

The Communications Act 2003 (Disclosure of Information) Order 2010

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2010, ISBN 9780111489086

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before Parliament under section 393(11) of the Communications Act 2003, for approval by resolution of each House of Parliament.

Electronic Communications

Broadcasting

Made Date

Coming into force Date

The Secretary of State makes the following Order in exercise of the powers conferred by section 393(3) of the Communications Act 2003f1:

In accordance with section 393(11) of that Act, a draft of this Order was laid before Parliament and approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

2003 c.21, as amended by S.I. 2009/2979

Contents

  1. 1Citation and commencement
  2. 2Specification as a relevant person
  3. Signature
  4. Explanatory note

1Citation and commencement

This Order may be cited as the Communications Act 2003 (Disclosure of Information) Order 2010 and shall come into force on the day after the day on which it is made.

2Specification as a relevant person

An appropriate regulatory authority within the meaning of section 368B of the Communications Act 2003 is specified as a relevant person for the purposes of section 393(3) of that Act (general restrictions on disclosure of information).

Signature

Name

Parliamentary Under Secretary of State

Department for Culture, Media and Sport

Date

Explanatory note

(This note is not part of the Order)

This Order makes provision connected with the implementation of Directive 2007/65 EC of the European Parliament and of the Council amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activitiesf1.

The Order specifies an appropriate regulatory authority mentioned at section 368B of the Communications Act 2003 (“the Act”) (inserted by regulation 2 of the Audiovisual Media Services Regulations 2009 (S.I.2009/2979)) as a “relevant person” for the purposes of section 393(3) of the Act. The effect of this is to remove the restrictions on disclosure of information to which the regulatory authorities would otherwise be subject under section 393(1) of the Act. Section 393(2)(b) provides that such restrictions do not apply to any disclosure of information which is made for the purpose of facilitating the carrying out by any relevant person of any relevant function. Section 393(3)(i) permits the Secretary of State to specify further relevant persons by order. Article 2 of this Order specifies that an appropriate regulatory authority, as defined in section 368B of the Act, is a relevant person for the purposes of section 393.