(a) the constitutional and funding arrangements of OFCOM; 

(b) the management of OFCOM. 

## Market sensitive information 

3. —(1) The duty in section 24A(1) of the 2003 Act applies in accordance with paragraph (2) to the description of information specified in paragraph (3). 

(2) OFCOM must provide the Secretary of State with any information that they propose to publish– 

(a) where the day before the date of publication is not a working day, at least 24 hours before publication, and 

(b) in any other case, immediately after 4.30pm on the day before the date of publication. 

(3) Information the disclosure of which to the public before publication would prejudice the commercial interests of any person. 

(4) In this regulation, “working day” means any day other than a Saturday, Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971( a ). 

4th February 2020 

## EXPLANATORY NOTE 

(This note is not part of the Regulations) 

Nigel Adams Minister of State Department for Digital, Culture, Media and Sport 

These Regulations specify descriptions of information in relation to which the duty under section 24A(1) of the Communications Act 2003 (c.21) on the Office of Communications to provide the Secretary of State with information at least 24 hours before publication does not apply. 

These Regulations also have the effect, by virtue of section 98(3) of the Digital Economy Act 2017 (c.30), of bringing the duty under section 24A(1) of the 2003 Act into effect. 

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen. 

© Crown copyright 2020 

Printed and published in the UK by The Stationery Office Limited under the authority and superintendence of Jeff James, Controller of Her Majesty’s Stationery Office and Queen’s Printer of Acts of Parliament. 

