Explanatory note

This Order amends certain duties of the Office of Communication (OFCOM) set out in legislation using the powers given to Ministers in the Public Bodies Act 2011.

Article 3 amends paragraph 14 of the Schedule to the Office of Communications Act 2002 (“the OFCOM Act”) to permit OFCOM to allow committees to establish subcommittees. Article 5 amends paragraph 15 of the Schedule to the OFCOM Act to permit OFCOM to allow committees to make arrangements for regulating their own procedure.

Article 4 inserts a new paragraph 14A into the Schedule to the OFCOM Act which permits OFCOM to prohibit certain persons from being on a committee which has the functions of the current OFCOM Content Board.

Article 6 inserts a new paragraph 16A into the Schedule to the OFCOM Act, which requires OFCOM to gain the consent of the Secretary of State should they wish to abolish or substantially reduce or restrict the functions of the current Content Board, Consumer Panel or advisory committees on elderly and disabled persons or the four nations of the United Kingdom.

Articles 8, 10 and 11 provide for the omission of sections 12 and 13, 20 and 21 and 27 of the Act.

Article 9 amends sections 16, 17 and 19 of the Act (which make provision about the Consumer Panel) to require OFCOM to establish and maintain effective arrangements for ascertaining the views of consumers, but to allow, rather than require, OFCOM to establish and maintain the current Consumer Panel. Paragraph (2) amends section 17 of the Act, and paragraph (3) provides for the omission of section 19 of the Act.

Article 13 amends section 198C of the Act (OFCOM reports on C4C’s media content policies) to require OFCOM to undertake a review and report on those policies at least every 5 years from the coming into force of that section.

Article 14 amends section 264 of the Act (OFCOM reports on the fulfilment of the public service remit) to remove the duty on OFCOM to conduct a review and report at intervals of 5 years on the fulfilment of the public service remit. Instead, the Secretary of State may require OFCOM to review and report on the fulfilment of the remit, and the Secretary of State may also set the scope of that review and state what must be included in the report.

Article 15 amends section 264A of the Act (OFCOM reports: wider review and reporting obligations) to remove the duty on OFCOM to conduct a wider review when it conducts a review under section 264 of the Act. The amendment allows the Secretary of State to require OFCOM to undertake a wider review if desirable when conducting a review under section 264 of the Act.

Article 16 is a transitional provision to discharge the duty on OFCOM to produce a report if such a duty has occurred before the coming into force of this Order.

Article 17 amends section 293 of the Act (Review of approved networking arrangements etc.) to remove the duty on OFCOM to conduct a review of networking arrangements and instead allow OFCOM to undertake a review from time to time.

Article 18 amends section 351 of the Act (Changes of control of Channel 3 services) to remove the duty on OFCOM to automatically carry out a review of changes of control. The amendment allows the Secretary of State to require OFCOM to carry out a review where there is a change of control of a Channel 3 licensee.

Article 19 amends section 353 of the Act (Changes of control of Channel 5) to remove the duty on OFCOM to automatically carry out a review of changes of control. The amendment allows the Secretary of State to require OFCOM to carry out a review where there is a change of control of a Channel 5 licensee.

Articles 20 and 21 make consequential amendments to the Act and to the Consumers, Estate Agents and Redress Act 2007.

A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available from the Department for Culture, Media and Sport, 100 Parliament Street, London, SW1A 2BQ and is published with the Explanatory Memorandum alongside the instrument onwww.legislation.gov.uk