Section 6: Duties to review regulatory burdens, Communications Act 2003

OFCOM must keep the carrying out of their functions under review with a view to securing that regulation by OFCOM does not involve—

the imposition of burdens which are unnecessary; or

the maintenance of burdens which have become unnecessary.

In reviewing their functions under this section (except their online safety functions) it shall be the duty of OFCOM—

to have regard to the extent to which the matters which they are required under section 3 to further or to secure are already furthered or secured, or are likely to be furthered or secured, by effective self-regulation; and

in the light of that, to consider to what extent it would be appropriate to remove or reduce regulatory burdens imposed by OFCOM.

In determining for the purposes of this section whether procedures for self-regulation are effective OFCOM must consider, in particular—

whether those procedures are administered by a person who is sufficiently independent of the persons who may be subjected to the procedures; and

whether adequate arrangements are in force for funding the activities of that person in relation to those procedures.

OFCOM must, from time to time, publish a statement setting out how they propose, during the period for which the statement is made, to secure that regulation by OFCOM does not involve the imposition or maintenance of unnecessary burdens.

The first statement to be published under this section—

must be published as soon as practicable after the commencement of this section; and

shall be a statement for the period of twelve months beginning with the day of its publication.

A subsequent statement—

must be published during the period to which the previous statement related; and

must be a statement for the period of twelve months beginning with the end of the previous period.

It shall be the duty of OFCOM, in carrying out their functions at times during a period for which a statement is in force under this section, to have regard to that statement.

OFCOM may, if they think fit, revise a statement under this section at any time before or during the period for which it is made.

Where OFCOM revise a statement, they must publish the revision as soon as practicable.

The publication under this section of a statement, or of a revision of a statement, must be in such manner as OFCOM consider appropriate for bringing it to the attention of the persons who, in their opinion, are likely to be affected by the matters to which it relates.

In this section "online safety functions" has the same meaning as in section 3.

Section 6: Duties to review regulatory burdens

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