Citation, commencement and interpretation

1. —(1) These Regulations may be cited as the Office of Communications (Provision of Information) Regulations 2020 and come into force on 1st April 2020.

(2) In these Regulations, “the 2003 Act” means the Communications Act 2003.

Exempt descriptions of information

2. —(1) The duty in section 24A(1) of the 2003 Act( 3 ) does not apply to the descriptions of information specified in paragraphs (2) to (4).

(2)Information relating to the exercise of the functions of OFCOM concerning—

(a) programme and fairness standards for television and radio;

(b) unjust or unfair treatment or unwarranted infringement of privacy in connection with programmes;

(c) the broadcasting of local items during an election period;

(d) party political broadcasts.

(3)Information relating to the exercise of the functions of OFCOM concerning the enforcement of licences to providetelevision and radio services.

(4)Information relating to—

(a) the constitutional and funding arrangements of OFCOM;

(b) the management of OFCOM.

Market sensitive information

3. —(1) The duty in section 24A(1) of the 2003 Act applies in accordance with paragraph (2) to the description of information specified in paragraph (3).

(2)OFCOM must provide the Secretary of State with any information that they propose to publish–

(a) where the day before the date of publication is not a working day, at least 24 hours before publication, and

(b) in any other case, immediately after 4.30pm on the day before the date of publication.

(3)Information the disclosure of which to the public before publication would prejudice the commercial interests of any person.

(4) In this regulation, “working day” means any day other than a Saturday, Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971( 4 ).