Clause 2 - Transfer of functions of
Communications Bill
12:15 pm
Mr John Whittingdale (Maldon and East Chelmsford, Conservative)
May I add to what my hon. Friend says? He flags up a genuine concern. It relates to a fairly limited time scale. The pre-commencement regulators will continue to operate, but with the prospect of Ofcom being already established and with a board already in place sitting and waiting to take over. We have already seen that some of the pre-commencement regulators have started to be influenced by the knowledge that their lifespan is coming to an end. In one case at least that I know of, that has caused them to say that they will not consider any more franchise applications because Ofcom will be taking over that responsibility before too long. In other cases, decisions may be taken by pre-commencement regulators when it is perfectly clear that Ofcom may reach different decisions soon afterwards. It would help if the Minister could say a little about the timing, and when he envisages Ofcom coming into effect and taking those powers.
I note that clause 2 provides that the Secretary of State may appoint different dates for the different purposes of Ofcom. I am not entirely sure why that
should be the case. What particular examples can the Minister provide of why one particular function might come into effect earlier or later than another. Will he clarify those points?