The Privacy and Electronic Communications (EC Directive) (Amendment) (No. 2) Regulations 2016

Made29th November 2016

Laid before Parliament7th December 2016

Coming into force30th December 2016

The Secretary of State, being a Minister designated1 for the purposes of section 2(2) of European Communities Act 19722 in respect of matters relating to electronic communications, in exercise of the powers conferred by that section makes the following Regulations.

Citation, commencement and interpretation1

1

These Regulations may be cited as the Privacy and Electronic Communications (EC Directive) (Amendment) (No. 2) Regulations 2016 and shall come into force on 30th December 2016.

2

In these Regulations—

“the 2003 Regulations” means the Privacy and Electronic Communications (EC Directive) Regulations 20033;
“the relevant functions” means the functions under regulations 25 and 26 of the 2003 Regulations;
“the relevant date” means the date on which these Regulations come into force.

Amendment of the Privacy and Electronic Communications (EC Directive) Regulations 20032

1

The 2003 Regulations are amended as follows.

2

In regulations 25 and 26—

a

for “OFCOM”, in each place where it occurs, substitute “the Commissioner”;

b

in paragraph (1) for “them” substitute “the Commissioner or, prior to 30thDecember 2016, OFCOM”;

c

in paragraph (2) for “they have” substitute “the Commissioner has”;

d

in paragraph (2) for “they were” substitute “the Commissioner was or, prior to 30th December 2016, OFCOM were”;

e

in paragraphs (3) and (4) for “them” substitute “the Commissioner”;

f

in paragraphs (4) and (5) for “their”, in each place where it occurs, substitute “the Commissioner’s”.

Supplementary provisions3

1

These Regulations do not affect the validity of anything done before the relevant date by or in relation to or on behalf of OFCOM in connection with the relevant functions.

2

Anything which is in the process of being done immediately before the relevant date by or in relation to or on behalf of OFCOM in connection with the relevant functions may be continued on and after the relevant date by or in relation to or on behalf of the Commissioner.

Matt HancockMinister of StateDepartment for Culture, Media and Sport29th November 2016

EXPLANATORY NOTE

(This note is not part of the Regulations)

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.