Explanatory note

These Regulations amend the Privacy and Electronic Communications (EC Directive) Regulations 2003 (“the 2003 Regulations”) so as to transfer from OFCOM to the Information Commissioner functions under regulations 25 and 26 in relation to registers to be kept for the purposes of regulations 20 and 21.

Regulation 2 of these Regulations amends the 2003 Regulations so that the Commissioner becomes responsible for functions under regulations 25 and 26 relating to the maintaining and keeping up to date of registers of the numbers of subscribers who do not wish to receive unsolicited communications by means of facsimile machine or unsolicited calls for direct marketing purposes.

Regulation 3 of these Regulations makes supplementary provision for continuity in relation to the exercise of functions under regulations 25 and 26 of the 2003 Regulations.

A full impact assessment has not been produced for this instrument as no impact, or no significant impact, on the private, voluntary or public sector is foreseen.