Clarity in the Law

Not only do we have to suffer the indignity of having our laws written in a foreign land, but now they have learned the lessons of history, that to make law unreadable, makes them impossible to follow or fully understand, therefore the whip hand is always with the lawmaker.

This latest offering from Brussels, coming into UK law via a Statutory Instrument (so no parliamentary debate), is a point of clarification, which according to the dictionary that I have is supposed to ‘make clear’.

This Order makes provision connected with the implementation of Directive 2007/65 EC of the European Parliament and of the Council amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities(2).

The Order specifies an appropriate regulatory authority mentioned at section 368B of the Communications Act 2003 (“the Act”) (inserted by regulation 2 of the Audiovisual Media Services Regulations 2009 (S.I.2009/2979)) as a “relevant person” for the purposes of section 393(3) of the Act. The effect of this is to remove the restrictions on disclosure of information to which the regulatory authorities would otherwise be subject under section 393(1) of the Act. Section 393(2)(b) provides that such restrictions do not apply to any disclosure of information which is made for the purpose of facilitating the carrying out by any relevant person of any relevant function. Section 393(3)(i) permits the Secretary of State to specify further relevant persons by order. Article 2 of this Order specifies that an appropriate regulatory authority, as defined in section 368B of the Act, is a relevant person for the purposes of section 393.

So, that’s as clear as mud then.., but is it relevant, for few regulatory authorities are appropriate even when stuffed full of relevant people.


About IanPJ

Ian Parker-Joseph, former Leader of the Libertarian Party UK, who currently heads PDPS Internet Hosting and the Personal Deed Poll Services company, has been an IT industry professional for over 20 years, providing Business Consulting, Programme and Project Management, specialising in the recovery of Projects that have failed in a process driven world. Ian’s experience is not limited to the UK, and he has successfully delivered projects in the Middle East, Africa, US, Russia, Poland, France and Germany. Working within different cultures, Ian has occupied high profile roles within multi-nationals such as Nortel and Cable & Wireless. These experiences have given Ian an excellent insight into world events, and the way that they can shape our own national future. His extensive overseas experiences have made him all too aware of how the UK interacts with its near neighbours, its place in the Commonwealth, and how our nation fits into the wider world. He is determined to rebuild many of the friendships and commercial relationships with other nations that have been sadly neglected over the years, and would like to see greater energy and food security in these countries, for the benefit of all. Ian is a vocal advocate of small government, individual freedom, low taxation and a minimum of regulation. Ian believes deeply and passionately in freedom and independence in all areas of life, and is now bringing his professional experiences to bear in the world of politics.
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