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Communications Act 2003 (Disclosure of Information) Order 2010

My Lords, the order is a small but important part of the arrangements that we are putting in place to ensure the effective implementation of the European Union’s audiovisual media services directive in the United Kingdom. The regulations that we made last autumn to implement the directive in the UK gave Ofcom the responsibility for ensuring that on-demand programme services meet the minimum standards and requirements for such services. They also allow Ofcom to designate other bodies to act as co-regulatory authorities for these services and to carry out some of the regulatory functions. Ofcom has already consulted on proposals to designate co-regulatory bodies, and we hope that it will be in a position to make an announcement about designations shortly. Co-regulatory bodies are defined in the regulations as "appropriate regulatory authorities". This order brings them within the disclosure of information provisions of the Communications Act 2003, Section 393 of which places restrictions on how information about particular businesses can be shared. There are some exceptions to those restrictions, and this order makes use of one of them by designating any co-regulatory body as a "relevant person" for the purposes of information-sharing. This will allow Ofcom to share relevant information with the co-regulatory bodies, and allow the co-regulatory bodies to share information with each other, without having to go back to the business concerned. This ensures that they can carry out their functions effectively and efficiently. It means that they do not have to request the same information more than once, and that businesses and service providers will not have to provide that information more than once. It also helps to reduce the scope for delays in investigating and resolving complaints about on-demand programme services. As I said, the order is a small but important part of the arrangements to ensure the effective implementation of the audiovisual media services directive. I note that Members of the Committee are well versed in the Communications Act 2003 and understand how this power follows on from that Act and is limited. Accordingly, I commend the order to the Committee.