Where it appears to the Secretary of State, in the case of services of a particular description, that the obligation specified in section 303(4) has been or is likely to be fulfilled in their case before the anniversary so specified, he may by order modify section 303 so as to do one or both of the following—
increase the percentage so specified in relation to services of that description;
substitute a different anniversary for the anniversary by which that obligation must be fulfilled in the case of such services.
The Secretary of State may by order modify section 303 so as to do one or both of the following—
substitute a later anniversary for the anniversary by which the obligations specified in subsection (5) of that section must be fulfilled;
substitute a higher percentage for the percentage for the time being specified in any paragraph of that subsection.
The provision that may be made by an order under this section includes—
modifications for requiring the code to set out additional obligations to be fulfilled once the obligations previously required to be set out in the code have been fulfilled; and
savings for the obligations previously set out in the code.
Before making an order under this section the Secretary of State must consult OFCOM.
No order is to be made containing provision authorised by this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House.