R (on the application of VIP Communications Ltd (in liquidation)) v Secretary of State for the Home Department

Telecommunications – Licensing. The defendant Secretary of State's direction to Ofcom not to make regulations, under s 8(4) of the Wireless Telegraphy Act 2006, exempting commercial multi-user gateway GSM apparatus from an individual licensing requirement was ultra vires his powers under s 5(2) Communications Act 2003 and was, therefore, unlawful. Accordingly, the Administrative Court allowed the claimant company's application for judicial review of the direction and accepted its contention that s 5(2) did not confer any power to direct Ofcom not to comply with its duty under s 8(4).

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