QB-2022-001364 - [2025] EWHC 2758 (KB)

Mr Holmes argued that the allegation was of breach of the duty, under section 8(4) of the WTA 2006 to “make” regulations which exempted the relevant uses of GSM Gateways. This duty was discharged by Ofcom beginning the process, under section 122 of the WTA 2006, of making regulations. This had happened at the end of 2015, and therefore significantly more than 6 years before the COSUGs claim was brought. In the case of COMUGs, it had happened on 6 July 2017 and therefore around 7 weeks more than 6 years before this claim was brought. Both claims were therefore out of time.

Mr Holmes also argued, in the alternative, that section 8(4) required Ofcom to “make” regulations but did not in terms require them to be brought into force. The 2016 Exemption Regulations were made on 5 April 2016 and the fact that they did not come into force until 28 April 2016 was irrelevant. The COSUGs claim was therefore out of time in any event.