Part IIIOther functions of the Commission and the Council

The Commission

43Duties in relation to social and environmental matters

1

The Commission shall, in exercising its functions, have regard to any guidance given by the Secretary of State under this section.

2

The Secretary of State shall from time to time give guidance about the making by the Commission of a contribution towards the attainment of any social or environmental policies set out or referred to in the guidance.

3

Before giving any such guidance, the Secretary of State shall consult—

a

the Commission,

b

the Council,

c

any universal service provider,

d

any licence holder under Part II who is not a universal service provider, and

e

such other persons as the Secretary of State considers appropriate.

4

A draft of any guidance proposed to be given under this section shall be laid before each House of Parliament.

5

Guidance shall not be given under this section until after the period of 40 days starting with—

a

the day on which the draft is laid before each House of Parliament, or

b

if the draft is laid before the House of Lords on one day and the House of Commons on another day, the later of those two days.

6

If, before the end of that period, either House resolves that the guidance should not be given, the Secretary of State shall not give it.

7

In reckoning any period of 40 days for the purposes of subsection (5) or (6), no account shall be taken of any time during which—

a

Parliament is dissolved or prorogued, or

b

both Houses are adjourned for more than four days.

8

The Secretary of State shall publish any guidance given by him under this section in such manner as he considers appropriate.