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.