Transcripts (perhaps draft) of the Article 50 ‘Brexit’ Appeal hearings at the Supreme Court

"Duties for the purpose of fulfilling EU obligations", section 4(1):

"This section applies to the following functions of Ofcom ..."

First of all, their functions under chapter 1 of part 2 which concerns electronic communications, networks and services, their licensing function, and there is a lot more detail, none of which matters. My point is under section 4(2):

"It shall be the duty of Ofcom in carrying out any of those functions to act in accordance with the six Community requirements which give effect among other things to the requirements of the framework directive. Then subsection 4, the second Community requirement is:

"... a requirement to secure that Ofcom's activities contribute to the development of the European internal market."

The third Community requirement is:

"... a requirement to promote the interests of all persons who are citizens of the European Union, within the meaning of Article 20."

My Lords, this simply does not make sense, it doesn't make any sense if the Secretary of State has a prerogative power to notify and to terminate all our -- all the UK's obligations under the EU treaties. All of that is simply frustrated or nullified and I could make the same point -- I am not going to -- but I could make the same point on dozens, perhaps hundreds of statutes covering vast areas of national life. Parliament has adopted sections in primary legislation that proceed on the basis that the United Kingdom is a member of the EU, and these provisions make no sense if we are not a member of the EU.

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