Online Safety Act 2023

173 Consultation and parliamentary procedure U.K.

(1) This section sets out the requirements that must be satisfied in relation to a statement before the Secretary of State may designate it under section 172.

(2) The Secretary of State must consult—

(a) OFCOM, and

(b) such other persons as the Secretary of State considers appropriate,

on a draft of the statement.

(3) The Secretary of State must allow OFCOM a period of at least 40 days to respond to any consultation under subsection (2)(a).

(4) After that period has ended the Secretary of State—

(a) must make any changes to the draft that appear to the Secretary of State to be necessary in view of responses to the consultation, and

(b) must then lay the draft before Parliament.

(5) The Secretary of State must then wait until the end of the 40-day period and may not designate the statement if, within that period, either House of Parliament resolves not to approve it.

(6) “The 40-day period” is the period of 40 days beginning with the day on which the draft is laid before Parliament (or, if it is not laid before each House on the same day, the later of the days on which it is laid).

(7) In calculating the 40-day period, no account is to be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days.

Commencement Information

I1 S. 173 not in force at Royal Assent, see s. 240(1)

I2 S. 173 in force at 10.1.2024 by S.I. 2023/1420, reg. 2(z22)