The Secretary of State’s power to issue directions to Ofcom under the Communications Act 2003
Rory Cochrane provides an analysis of the Secretary of State’s power to issue directions to Ofcom under the Communications Act 2003.
“The Court of Appeal has upheld the High Court’s decision (R (VIP Communications Ltd) v Secretary of State for the Home Department) declaring ultra vires the Secretary of State’s direction (pursuant to section 5(2) of the Communications Act 2003 (CA 2003)) to Ofcom requiring it not to make regulations exempting commercial multi-user gateways (COMUG) from statutory licensing requirements (as Ofcom had intended to do pursuant to its duty in section 8(4) of the Wireless Telegraphy Act 2006 (WTA 2006)). In so doing, the Court of Appeal has also clarified the scope of the power of the Secretary of State to issue directions to Ofcom pursuant to CA 2003, s 5(2).”
This analysis was published by LexisPSL on 30 November 2020.
Rory Cochrane has broad experience in telecommunications and IT disputes, including commercial, property and regulatory telecommunications matters (particularly working with experts in relation to telecommunications cost modelling issues). His expertise is recognised by both leading directories as he is ranked as a leading junior in matters concerning IT and Telecommunications.
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