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Statutory Obligations

1. The Communications Act 2003 requires Ofcom to establish and maintain an Advisory Committee for Older and Disabled People.Section 21 of the Act requires that "The committee shall consist of – (a) a chairman appointed by Ofcom; and (b) such number of other members appointed by Ofcom as Ofcom think fit". The function of the Committee "shall be to provide advice to Ofcom (including other committees established by Ofcom) about the interests, in relation to communications matters, of (a) the elderly; and (b) persons with disabilities”. The Committee may also at the request of the Consumer Panel, provide advice about those interests to the Consumer Panel but only with the consent of Ofcom.

2. In appointing Members of the Advisory Committee for Older and Disabled People, Ofcom is required by the Act to ensure that the membership includes “(a) persons who are familiar with the needs of the elderly; and (b) persons who are familiar with the needs of persons with disabilities”.

3. "Communication matters" in this Section are those set out in Section 3. No definition is given of “elderly”, but Ofcom intends to work around a guideline age of 60, on the grounds that many people choose to retire at this age.

Advisory Committee for Older and Disabled People Remit

4. The remit of the Advisory Committee will be to:

• seek to identify issues affecting the communications sector affecting older and disabled people, both collectively as a Committee and individually for Members, with particular reference to the sectors where they have particular knowledge or expertise;
• to provide advice to Ofcom about general and specific issues concerning the communications sectors affecting older and disabled people;
• to provide advice and comment as required on matters brought to the Committee by Ofcom;
• to offer comment, as appropriate, on consultations undertaken by Ofcom;
• where requested by the Content Board , to provide specific advice to that Board on matters relating to television, radio and other content on services regulated by Ofcom;
• when so requested by the Ofcom Board, to provide advice to the Consumer Panel on matters affecting older and disabled people in the communications sector;
• to provide Ofcom with advice on matters relating to its responsibilities for the promotion of media literacy affecting older and disabled people;
• to contribute to Ofcom’s annual report to ensure the work of the regulator within the communications sector on issues affecting older and disabled people is reflected.

The Operation of the Advisory Committee for Older and Disabled People

5. The Committee will generally consist of up to ten Members at any time plus an independently appointed Chairman. Operational points on meetings include:

• a quorum for any meeting will consist of five Members plus the Chairman;
• Members’ attendance through telephone or videolink is permissible for the purposes of determining a quorum.
• Where the Chairman or Deputy Chairman of the Committee considers it appropriate decisions may be taken by email.
• the Committee will meet at least four times a year with provision for a further two meetings if needed to be arranged on an ad hoc basis;
• agendas will be prepared by the Committee Chairman, in discussion with the Secretary to the Corporation, with an invitation to any Member of the Advisory Committee to submit matters for inclusion on the agenda. Such agendas will be published on the Ofcom website in advance of all meetings;
• a formal minute will be taken of all Advisory Committee meetings. Once approved by the Chairman of the Committee, the minutes (subject only to certain redactions) will be published on the Ofcom website;
• the minutes of each Advisory Committee meeting will be submitted direct to the full Ofcom Board for noting. Items for the attention of the Content Board , the Consumer Panel or the Ofcom executive will be formally communicated by the Executive;
• meetings will be served by signing, audio description and other back-up as required.

6. The Advisory Committee for Older and Disabled People will be kept informed of issues and development within Ofcom as a whole either through formal papers prepared and submitted to the Committee in advance or by presentations from Ofcom executives at meetings. It will be open to Members of the Committee, through the Chairman, to request such information on any topic within Ofcom's remit.

• The Chairman of the Advisory Committee will meet formally with the Chairman and Chief Executive of Ofcom each year. In addition, the Chairman of the Advisory Committee for Older and Disabled People will meet periodically with the Chairmen of Ofcom's other Advisory Committees. The outcome of those meetings will be reported back to the Advisory Committee for Older and Disabled People.
• Where specific research or other activity is necessary for the functioning of the Committee, this will be undertaken by Ofcom as part of its own core activities.

Responsibilities of Members of the Advisory Committee for Older and Disabled People

7. Members of the Advisory Committee for Older and Disabled People:

• must not hold any direct interests in companies regulated by Ofcom. All indirect interests must be declared and will be included in a published register of interests. Members will need the approval of the Committee Chairman to retain such interests while remaining as Members of the Committee;
• Members of the Committee will be expected to seek the agreement of the Secretary to the Corporation before confirming attendance at any communications sector events. Agreement will only be withheld when attendance might unreasonably compromise Ofcom or the Member concerned;
• Members will not speak on behalf of Ofcom or make any public statements on behalf of Ofcom. All public communications will be made by the Ofcom executive. Members making public statements on their own account are asked wherever possible to check these in advance with the Secretary to the Corporation, and at all times to make clear that they are speaking in a personal capacity and not on behalf of Ofcom;
• in addition to a modest remuneration based on eight days' service a year (assuming four meetings of the Advisory Committee each year) for Members and twelve days’ service for the Chair, Ofcom will meet all reasonable out-of-pocket expenses for Members of the Committee in attending meetings of the Committee or any other activity specifically so authorised by the Secretary to the Corporation. In exceptional circumstances where individual members of the Committee undertake additional executive duties for Ofcom a fixed fee will be agreed in advance and out-of-pocket expenses met. Any Committee member who might wish to contract with Ofcom as a third party for specialist services should go through the usual competitive tendering process.

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