(1)Subject to the following provisions of this Chapter—
(a)the way in which conditions are to be set or modified under section 45 is by the publication of a notification setting out the conditions or modifications; and
(b)the way in which such a condition is to be revoked is by the publication of a notification stating that the condition is revoked.
[F1(2)Where section 48A applies, OFCOM must comply with the applicable requirements of that section F2... before—
(a)setting conditions under section 45; or
(b)modifying or revoking a condition so set.
(2A)Where section 48A does not apply to the setting, modification or revocation of conditions because of subsection (2) of that section—
(a)the conditions, or their modification or revocation, must be temporary; and
(b)the notification published under subsection (1) of this section must state the period for which the conditions, or their modification or revocation, are to have effect.
(2B)Where OFCOM propose to extend or make permanent any such temporary conditions, modification or revocation—
(a)[F3section 48A does] not apply in relation to the proposal; F4...
F4(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
(4)In the case of a [F5proposal by OFCOM] with respect to an SMP condition, the applicable requirements of sections 79 to 86 must also be complied with.
F6(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)The publication of a notification under this section [F7or section 48A] must be in such manner as appears to OFCOM to be appropriate for bringing the contents of the notification—
(a)in the case of a notification setting general conditions, to the attention of such persons as OFCOM consider appropriate; and
(b)in any other case, to the attention of the persons who, in OFCOM’s opinion, are likely to be affected by the contents of the notification.
(7)Nothing in the following provisions of this Chapter imposing a duty on OFCOM to set or modify a condition shall be taken as dispensing with any of the requirements of this section [F8or section 48A].
Textual Amendments
F1S. 48(2)-(2B) substituted for s. 48(2)(3) (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 22(a) (with Sch. 3 paras. 2, 6)
F2Words in s. 48(2) omitted (31.12.2020) by virtue of The Electronic Communications and Wireless Telegraphy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/246), reg. 1(2), Sch. 1 para. 9(2); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in s. 48(2B)(a) substituted (31.12.2020) by The Electronic Communications and Wireless Telegraphy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/246), reg. 1(2), Sch. 1 para. 9(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
F4S. 48(2B)(b) and word omitted (31.12.2020) by virtue of The Electronic Communications and Wireless Telegraphy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/246), reg. 1(2), Sch. 1 para. 9(3)(b); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in s. 48(4) substituted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 22(b) (with Sch. 3 paras. 2, 6)
F6S. 48(5) omitted (26.5.2011) by virtue of The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 22(c) (with Sch. 3 paras. 2, 6)
F7Words in s. 48(6) inserted (26.5.2011) by The Electronic Communications and Wireless Telegraphy Regulations 2011 (S.I. 2011/1210), reg. 1(2), Sch. 1 para. 22(d) (with Sch. 3 paras. 2, 6)
F8Words in s. 48(7) substituted (31.12.2020) by The Electronic Communications and Wireless Telegraphy (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/246), reg. 1(2), Sch. 1 para. 9(4); 2020 c. 1, Sch. 5 para. 1(1)
Commencement Information
I1S. 48 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))
I2S. 48 in force at 29.12.2003 in so far as not already in force by S.I. 2003/3142, art. 3(2) (with art. 11)