Section 362BQ: Power to require information, Communications Act 2003

OFCOM may by notice (an "information notice") require a person within subsection (4) to provide them with any information that they require for the purpose of carrying out their functions under this Part.

The power conferred by subsection (1) includes power to require a person within subsection (4) to obtain or generate information.

The power conferred by subsection (1) must be exercised in a way that is proportionate to the use to which the information is to be put by OFCOM.

The persons within this subsection are—

a provider of a radio selection service;

a provider of an internet radio service;

a person who provides a relevant ancillary service in relation to a radio selection service or an internet radio service;

a person who was within any of paragraphs (a) to (c) at a time to which the required information relates;

a person who is not within any of paragraphs (a) to (d) but who appears to OFCOM to have, or to be able to obtain or generate, information required by them as mentioned in subsection (1).

The information that OFCOM may require under subsection (1) includes, in particular, information that they require for any one or more of the following purposes—

the purpose of preparing a report under section 362BC (advice from OFCOM about the designation of a radio selection service);

the purpose of preparing a report under section 362BD (advice from OFCOM about revoking the designation of a radio selection service);

the purpose of assessing compliance with section 362BE(2) (duty of providers of radio selection services to notify OFCOM);

the purpose of assessing whether a service is a relevant internet radio service (see sections 362BF and 362BG);

the purpose of assessing compliance with section 362BG(7) (duty of providers of certain services to notify OCFOM);

the purpose of assessing compliance with a duty or prohibition under section 362BI or 362BJ (access duties of providers of designated radio selection services etc);

the purpose of preparing or reviewing a code of practice under section 362BK (code of practice relating to duties and prohibition under section 362BI);

the purpose of assessing compliance with the duty under section 362BN (duty to establish and maintain complaints procedures);

the purpose of preparing a report under section 362BP (reports reviewing adequacy of the regulation of designated radio selection services by this Part);

the purpose of assessing compliance with any requirements imposed by a confirmation decision under section 362BS;

the purpose of determining the appropriate fee that a provider is required to pay under section 362BX;

the purpose of OFCOM's monitoring role under section 362BZ1;

the purpose of ascertaining the amount of a person's or a group of entities' qualifying worldwide revenue for the purposes of paragraph 3 or 4 of Schedule 16A.

An information notice must—

specify or describe the information to be provided,

specify why OFCOM require the information,

specify the form and manner in which the information must be provided, and

contain information about the consequences of not complying with the notice.

An information notice must specify when the information must be provided which may be—

on or by a specified date, or

within a specified period.

The power conferred by subsection (1) does not include power to require the provision of information in respect of which a claim to legal professional privilege, or (in Scotland) to confidentiality of communications, could be maintained in legal proceedings.

A person to whom an information notice is given must provide the information in accordance with any requirements included in the notice (subject to subsection (10)).

The duty under subsection (9) does not require a disclosure of information if that disclosure would contravene the data protection legislation (but, in determining whether a disclosure would do so, that duty is to be taken into account).

For the purposes of subsection (4)(c), a service is a "relevant ancillary service" in relation to a radio selection service or an internet radio service if it facilitates the provision of that service (or part of it), whether directly or indirectly.

In this section, a reference to the functions of OFCOM under this Part includes a reference to their functions under Schedules 16A and 16B, so far as relating to this Part.

In this section, "data protection legislation" has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

Section 362BQ: Power to require information

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