- Latest available (Revised)
- Point in Time (19/03/2002)
- Original (As enacted)
Version Superseded: 29/12/2003
Point in time view as at 19/03/2002. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the Office of Communications Act 2002, Section 5.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)If, in consequence of the abandonment or modification of any relevant proposals about the regulation of communications it appears to the Secretary of State that it is no longer necessary for OFCOM to continue to exist, he may by order provide for the winding up and dissolution of OFCOM.
(2)If, in consequence of the abandonment or modification of any relevant proposals about the regulation of communications, it appears to the Secretary of State at any time after the end of 2003 that it is no longer necessary for OFCOM to continue to exist, it shall be the Secretary of State’s duty to lay before Parliament a draft of an order under subsection (1) providing for OFCOM to be wound up and dissolved as soon as reasonably practicable.
(3)The power to make an order under this section shall be exercisable by statutory instrument, and no such order shall be made unless a draft of the order has been laid before Parliament and has been approved by a resolution of each House.
(4)If—
(a)in performance of the duty imposed by subsection (2), the Secretary of State lays a draft of an order under this section before Parliament, and
(b)a motion for the approval of the draft order is defeated in either House,
that subsection shall not be taken to oblige the Secretary of State to lay any further draft of such an order before Parliament.
(5)The power to make an order under this section shall include—
(a)power to make different provision for different cases;
(b)power to make such incidental, supplemental, consequential and transitional provision as the Secretary of State thinks fit.
(6)Without prejudice to the generality of the preceding provisions of this section, the power to provide for the winding up of OFCOM shall include—
(a)power to provide for the transfer of property, rights and liabilities of OFCOM to the Secretary of State, to any of the existing regulators or to any such other person as may be specified in the order;
(b)power to provide for the property, rights and liabilities of OFCOM to be divided between different persons;
(c)power, in connection with any provision made by virtue of paragraph (a) or (b)—
(i)for the creation of interests in property transferred or divided;
(ii)for the creation of rights and liabilities in relation to any such property; and
(iii)for the extinguishment of interests, right and liabilities;
(d)power to provide for the payment by the Secretary of State or OFCOM of compensation to persons suffering loss or damage in consequence of the provision made for the winding up of OFCOM.
(7)An order providing for the dissolution of OFCOM may also contain provision repealing any of the provisions of section 1, 2 or 3 of this Act or of the Schedule.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: