Communications Act 2003: Twelfth report on the Secretary of State's functions (2024)

Communications Act 2003: Twelfth report on the Secretary of State's functions (1)

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Twelfth Report on the Secretary of State’s functions under the Communications Act 2003, the Wireless Telegraphy Act 2006, the Office of Communications Act 2002 and the Broadcasting Acts 1990 and 1996, by the Secretary of State for Science, Innovation and Technology.

For the period of 20 December 2022 to 19 December 2023.

Presented to Parliament pursuant to section 390 of the Communications Act 2003.

Ordered by the House of Commons to be printed on 20 July 2024.

ISBN 978-1-5286-5012-0

E03146008 07/24

Report by the Secretary of State Science, Innovation and Technology.

Introduction

1. Section 390 of the Communications Act 2003 requires the Secretary of State to prepare and lay before Parliament reports about the carrying out of the Secretary of State’s functions under the following legislation:<

  • the Communications Act 2003
  • the Wireless Telegraphy Act 2006
  • the Office of Communications Act 2002
  • and the Broadcasting Acts 1990 and 1996

2. The First Report (HC 325 July 2005) covered the period from 19 March 2002 to 28 December 2004. Every subsequent report to the first report must relate to the period of twelve months beginning with the end of the period to which the previous report related. This report (the “Twelfth Report”) covers the period from 20 December 2022 to 19 December 2023.

Previous Reports:

  • First Report July 2005 HC 325
  • Second Report July 2006 HC 1445
  • Third Report July 2007 HC 594
  • Fourth Report Oct 2008 HC 1037
  • Fifth Report July 2009 HC 911
  • Sixth Report July 2010 HC 171
  • Seventh Report Nov 2011 HC 1613
  • Eight Report Dec 2012 HC 791
  • Ninth Report February 2014 HC 1057
  • Tenth Report July 2021 HC 290
  • Eleventh Report July 2023 HC 908

Communications Act 2003: Report by the Secretary of State for Science, Innovation and Technology

Statutory Instrument

Power under which instrument made Date made Name of instrument and SI number Description of what the instrument does
Communications Act 2003 19 December 2022 Communications Act 2003 (Restrictions on the Advertising of Less Healthy Food) (Effective Date) (Amendment) (No. 2) Regulations 2022

SI 2022/1381

These Regulations correct errors in the Communications Act 2003 (Restrictions on the Advertising of Less Healthy Food) (Effective Date) (Amendment) Regulations 2022 (S.I. 2022/1311), correcting the date in the amendments made by that Statutory Instrument to section 368Z14(11) and (12)(a) of the Communications Act 2003 (c. 21) (“the 2003 Act”).
Communications Act 2003 16 December 2023 Electronic Communications Code (Jurisdiction) (Amendment) Regulations 2023

SI 2023/1220

These Regulations amend the Electronic Communications Code (Jurisdiction) Regulations 2017 (S.I. 2017/1284) (“the jurisdiction regulations”) to confer on the First-Tier Tribunal jurisdiction for all proceedings in relation to England and Wales under the Electronic Communications Code (“the code”). The code is set out in Schedule 3A to the Communications Act 2003 (c. 21), as inserted by Part 2 of the Digital Economy Act 2017 (c. 30).

The jurisdiction regulations were made in exercise of the powers conferred by section 402(3) of the Communications Act 2003 and paragraph 95(1) to (4) of the code. The jurisdiction regulations permit functions conferred on “the court” by the code to be exercised by certain tribunals, and modify the code accordingly. The jurisdiction regulations restrict the commencement of relevant proceedings to certain tribunals, and provide for the transfer of relevant proceedings in England and Wales and in Scotland to certain courts if the tribunal considers that court to be a more appropriate forum.

Regulation 2 of these Regulations amends regulation 3 of the jurisdiction regulations to confer on the First-Tier Tribunal jurisdiction for all proceedings in relation to England and Wales under the code. It does this by removing the restriction that functions are only exercisable by the First-Tier Tribunal for code cases in relation to England that have been transferred to it from the Upper Tribunal and for code cases in relation to England and Wales in connection with Part 4A proceedings.

Regulation 3 of these Regulations amends regulation 4 of the jurisdiction regulations to remove the restriction that relevant code proceedings in relation to England and Wales must be commenced in the Upper Tribunal. The restriction that Part 4A code proceedings must be commenced in the First-Tier Tribunal is retained.

Online Safety Act 2023 21 November 2023 Online Safety Act 2023 (Commencement No. 1) Regulations 2023

SI 2023/1242

These Regulations bring section 114(2) and (7) of the Online Safety Act 2023 (c. 50) (“the Act”) into force. They are the first Commencement Regulations made under the Act. The provisions specified in section 240(4) of the Act came into force on the day which it was passed.

Section 114(1) of the Act grants the Office of Communications (“OFCOM”) an express power to co-operate with an overseas regulator, including by disclosing online safety information to that regulator, for the purposes of (a) facilitating the exercise by the overseas regulator of any of that regulator’s online regulatory functions, or (b) criminal investigations or proceedings relating to a matter to which the overseas regulator’s online regulatory functions relate. Section 114(2) of the Act provides that OFCOM’s power to co-operate only applies in relation to an overseas regulator specified in regulations made by the Secretary of State. Section 114(7) of the Act defines certain terms for the purposes of section 114, including the terms “online regulatory functions”, online safety information” and “overseas regulator”.

Online Safety Act 2023 19 December 2023 Online Safety Act 2023 (Commencement No. 2) Regulations 2023

SI 2023/1420

These Regulations are the second commencement regulations under the Online Safety Act 2023 (c. 50) (“the 2023 Act”). They bring into force all provisions of the 2023 Act which have not otherwise been brought into force, except: (a) Section 18 (Duties to protect news publisher content); (b) Section 64 (User identity verification); (c) Section 66 (Requirement to report CSEA content to the NCA); (d) Section 69 (Offence in relation to CSEA reporting); (e) Section 71 (Duty not to act against users except in accordance with terms of service); (f) Section 72(2) to (9) and (12) (Further duties about terms of service); (g) Section 75 (Disclosure of information about use of service by deceased child users); (h) Section 81 (Duties about regulated provider pornographic content); (i) Part 10 and Schedule 14; (j) Section 160 (OFCOM’s report about reporting and complaints procedures); (k) Section 193(2)(b) (OFCOM’s guidance about illegal content judgements); and (l) Section 210 (Repeal of Part 4B of the Communications Act).

Statutory Functions

Statutory Function Date Description
Section 56 of the Broadcasting Act 1990 (S4C) 9 Apr 2021 The Secretary of State appointed Chris Jones, Adele Gritten, Guto Bebb and Denise Lewis Poulton as members of the S4C Authority for four years.
Section 56 of the Broadcasting Act 1990 (S4C) 10 August 2022 The Secretary of State appointed Suzy Davies as a member of the S4C Authority for four years.
Section 23 of the Broadcasting Act 1990 (Channel 4) 1 March 2021 The Secretary of State approved the reappointment of Lord Holmes of Richmond as the Deputy Chair of the Channel 4 Television Corporation for 3 years.
Section 23 of the Broadcasting Act 1990 (Channel 4) 06 December 2021 The Secretary of State approved the appointment of Dawn Airey, Tess Alps, David Kogan and Sarah Sands as Non-Executive Directors of the Channel 4 Television Corporation for 3 years.
Section 23 of the Broadcasting Act 1990 (Channel 4) 25 January 2022 The Secretary of State approved the appointment of Dawn Airey as interim Chair of the Channel 4 Television Corporation.
Section 23 of the Broadcasting Act 1990 (Channel 4) 04 April 2022 The Secretary of State approved the appointment of Sir Ian Cheshire as Chair of the Channel 4 Television Corporation for 3 years.
Section 23 of the Broadcasting Act 1990 (Channel 4) 28 April 2022 The Secretary of State approved the appointment of Michael Lynton as Non-Executive Director of the Channel 4 Television Corporation for 3 years.
Section 23 of the Broadcasting Act 1990 (Channel 4) 30 November 2022 The Secretary of State approved the extension of the appointments of Paul Geddes and Roly Keating as Non-Executive Directors of the Channel 4 Television Corporation for nine months.
Section 1 of the Office of Communications Act 2002 01 January 2021 The Secretary of State appointed Maggie Carver as Interim Chair.
Section 1 of the Office of Communications Act 2002 01 May 2022 The Secretary of State appointed Lord Michael Grade as Chair of the Board at Ofcom for 4 years.
Section 1 of the Office of Communications Act 2002 01 June 2022 The Secretary of State approved the extension of Graham Mather to the Ofcom board by 9 months.
Section 1 of the Office of Communications Act 2002 30 September 2022 The Secretary of State approved the extension of Angela Dean to the Ofcom board by 9 months.
Section 1 of the Office of Communications Act 2002 3 October 2022 The Secretary of State approved the appointment of Will Harding to the Board of Ofcom for 4 years.
Section 46 of the Broadcasting Act 1996 22 July 2022 The Secretary of State consented to Ofcom specifying a nil value Percentage of Multiplex Revenue in its terms for renewal for the national commercial digital radio multiplex licences.
Section 97 of the Broadcasting Act 1996 25 April 2022 The Secretary of State added the FIFA Women’s World Cup and the UEFA European Women’s Championship to the listed events regime, following consultation with statutory consultees.
Section 105Z8 of the Communications Act 2003 13 October 2022 The Secretary of State issued a designation notice to Huawei in the interest of national security.
Section 105Z1 of the Communications Act 2003 13 October 2022 The Secretary of State issued a designated vendor direction to 35 telecommunication providers relating to the use of Huawei goods and services in UK public telecommunications networks.
Communications Act 2003: Twelfth report on the Secretary of State's functions (2024)

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