Section 401: Retention by OFCOM of amounts paid under Wireless Telegraphy Act 2006, Communications Act 2003

OFCOM have power to make a statement setting out—

the principles under which they may retain any or all of the amounts paid to them—

in pursuance of obligations imposed by or under Chapter 1 or 2 of Part 2 of the Wireless Telegraphy Act 2006;

in respect of fees charged under section 53D of that Act, and

the costs in respect of which the amounts may be retained (which may include costs other than those incurred in the exercise of their functions under those provisions).

Where such a statement ... authorises the retention of an amount, OFCOM are not required to pay it into the appropriate Consolidated Fund in accordance with section 400.

The provision contained in a statement made by OFCOM under this section must be such as appears to them likely to secure, on the basis of such estimates of the likely costs as it is practicable to make, that the amounts retained by OFCOM are objectively justifiable and proportionate to the costs in respect of which they are retained.

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A statement under this section may include provision which, for the purposes of ... the statement and of the preparation of accounts in accordance with section 400(4), requires an amount actually received in one year—

to be treated as referable to costs incurred in that year and in one or more subsequent years; and

to be brought into account, in each of those years, in accordance with an apportionment for which provision is made in the statement.

A deficit or surplus shown (after applying this subsection for all previous years) by an account prepared under section 400(4) is to be carried forward and taken into account in determining what is required by OFCOM in relation to the following year for meeting the costs set out in the statement in accordance with subsection (1)(b) .

A statement ... under this section—

if it is expressed to apply for a limited period, does not apply to any amounts paid to OFCOM after the end of that period; and

in any event, does not apply to amounts paid to them after a withdrawal of the statement takes effect.

OFCOM may revise a statement made under this section.

The consent of the Treasury and the Secretary of State is required for the making, revision or withdrawal of a statement under this section.

Where OFCOM make or revise a statement of this section they must publish so much of the statement or revised statement as appears to them necessary for demonstrating that the statement or revision complies with subsection (3).

Section 401: Retention by OFCOM of amounts paid under Wireless Telegraphy Act 2006

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