Broadcasting Act 2009

32.

Duties of Authority and statutory committees.

32.— (1) In this section “commercially sensitive information” means—

( a) financial, commercial, technical or other information whose disclosure could reasonably be expected to result in a material financial loss or gain to the party to which it relates, or could prejudice the competitive position of that party in the conduct of its business, or

( b) information whose disclosure could prejudice the conduct or outcome of contractual or other negotiations of the party to which it relates.

(2) It is the duty of the Authority to so conduct its affairs as to secure that its revenue becomes as soon as possible, and thereafter continues to be, at least sufficient to meet its expenses.

(3) The Authority and its statutory committees shall have a duty to keep the performance of their functions under review with a view to securing that regulation by the Authority and its statutory committees does not involve—

( a) the imposition of administrative burdens which are unnecessary, or

( b) the maintenance of administrative burdens which have become unnecessary.

(4) In reviewing its duty under subsection (3) the Authority and its statutory committees shall, from time to time, publish a statement setting out how they propose, during the period for which the statement is made, to ensure that regulation by the Authority and the statutory committees does not involve the imposition or maintenance of unnecessary administrative burdens.

(5) The first statement to be published under this section must be published within a period of 2 years after the establishment day and shall be for a period of 3 years.

(6) A subsequent statement—

( a) must be published during the period to which the previous statement related, and

( b) must be a statement for the period of 3 years beginning with the end of the previous period.

(7) It is the duty of the Authority and the statutory committees in performing their functions at times during a period for which a statement is in force under this section, to have regard to that statement.

(8) The Authority or a statutory committee may, if they think fit, revise a statement under this section at any time before or during the period for which it is made.

(9) Where the Authority or a statutory committee revise a statement, they must publish the revision as soon as practicable.

(10) The Authority shall not disclose commercially sensitive information obtained from a corporation or the holder of a contract under Part 6 or 8 in pursuance of the Authority’s functions under this Act.

(11) The Authority is not contravening subsection (10) if the disclosure—

( a) is made with the consent of the corporation or the holder of a contract under Part 6 or 8 to which it relates, or

( b) is required by law.