Online Safety Act 2023

CHAPTER 2 U.K. Register of categories of regulated user-to-user services and regulated search services

94 Meaning of threshold conditions etc U.K.

(1) Schedule 11 contains provision about regulations specifying the threshold conditions that a Part 3 service must meet to be included in the relevant part of the register established by OFCOM under section 95, and associated provision about the publication of OFCOM’s advice.

(2) In this Chapter, “Category 1 threshold conditions”, “Category 2A threshold conditions” and “Category 2B threshold conditions” have the same meaning as in Schedule 11 (see paragraph 1(1), (2) and (3) of that Schedule).

(3) For the purposes of this Chapter—

(a) references to a service meeting the Category 1, Category 2A or Category 2B threshold conditions are to a service meeting those conditions in a way specified in regulations under paragraph 1 of Schedule 11 (see paragraph 1(4) of that Schedule);

(b) a regulated user-to-user service meets the Category 1 threshold conditions if those conditions are met in relation to the user-to-user part of the service;

(c) a regulated search service or a combined service meets the Category 2A threshold conditions if those conditions are met in relation to the search engine of the service;

(d) a regulated user-to-user service meets the Category 2B threshold conditions if those conditions are met in relation to the user-to-user part of the service;

(e) a regulated user-to-user service meets the conditions in section 97(2) if those conditions are met in relation to the user-to-user part of the service;

(f) references to OFCOM assessing a service (to determine if it meets, or no longer meets, the relevant threshold conditions or the conditions in section 97(2)) are accordingly to be read as references to OFCOM assessing the relevant part (or parts) of a service.

Commencement Information

I1 S. 94 in force at Royal Assent, see s. 240(4)(p)

95 Register of categories of certain Part 3 services U.K.

(1) As soon as reasonably practicable after the first regulations under Schedule 11 come into force, OFCOM must comply with subsections (2) to (4).

(2) OFCOM must establish a register of particular categories of Part 3 services with—

(a) one part for regulated user-to-user services meeting the Category 1 threshold conditions,

(b) one part for regulated search services and combined services meeting the Category 2A threshold conditions, and

(c) one part for regulated user-to-user services meeting the Category 2B threshold conditions.

(3) OFCOM must assess Part 3 services, as follows—

(a) OFCOM must assess each regulated user-to-user service which they consider is likely to meet the Category 1 threshold conditions, to determine whether the service does, or does not, meet those conditions;

(b) OFCOM must assess each regulated search service and combined service which they consider is likely to meet the Category 2A threshold conditions, to determine whether the service does, or does not, meet those conditions;

(c) OFCOM must assess each regulated user-to-user service which they consider is likely to meet the Category 2B threshold conditions, to determine whether the service does, or does not, meet those conditions.

(4) If OFCOM consider that a service meets the relevant threshold conditions, they must add entries relating to that service to the relevant part of the register established under subsection (2).

(5) But—

(a) if OFCOM consider that a regulated user-to-user service meets the Category 1 threshold conditions and the Category 2B threshold conditions (only), entries relating to that service are to be added to the part of the register established under subsection (2)(a) (only);

(b) if OFCOM consider that a combined service meets the Category 1 threshold conditions, the Category 2A threshold conditions and the Category 2B threshold conditions, entries relating to that service are to be added to the parts of the register established under subsection (2)(a) and (b) (only).

(6) If OFCOM consider that a combined service—

(a) meets the Category 2A threshold conditions, and

(b) meets either the Category 1 threshold conditions or the Category 2B threshold conditions (but not both),

entries relating to that service are to be added to the part of the register established under subsection (2)(b) and to the part of the register established under subsection (2)(a) or (c) (whichever applies).

(7) Each part of the register must contain—

(a) the name, and a description, of each service that, in OFCOM’s opinion, meets the relevant threshold conditions, and

(b) the name of the provider of each such service.

(8) OFCOM must publish the register.

(9) When assessing whether a Part 3 service does, or does not, meet the relevant threshold conditions, OFCOM must take such steps as are reasonably practicable to obtain or generate information or evidence for the purposes of the assessment.

(10) In this Act—

(a) a “Category 1 service” means a regulated user-to-user service for the time being included in the part of the register established under subsection (2)(a);

(b) a “Category 2A service” means a regulated search service or a combined service for the time being included in the part of the register established under subsection (2)(b);

(c) a “Category 2B service” means a regulated user-to-user service for the time being included in the part of the register established under subsection (2)(c).

Commencement Information

I2 S. 95 not in force at Royal Assent, see s. 240(1)

I3 S. 95 in force at 10.1.2024 by S.I. 2023/1420, reg. 2(z2)

96 Duty to maintain register U.K.

(1) If regulations are made under paragraph 1(1) of Schedule 11 which amend or replace regulations previously made under that provision, OFCOM must, as soon as reasonably practicable after the date on which the amending or replacement regulations come into force—

(a) assess each regulated user-to-user service which they consider is likely to meet the new Category 1 threshold conditions, to determine whether the service does, or does not, meet those conditions, and

(b) make any necessary changes to the register.

(2) If regulations are made under paragraph 1(2) of Schedule 11 which amend or replace regulations previously made under that provision, OFCOM must, as soon as reasonably practicable after the date on which the amending or replacement regulations come into force—

(a) assess each regulated search service and combined service which they consider is likely to meet the new Category 2A threshold conditions, to determine whether the service does, or does not, meet those conditions, and

(b) make any necessary changes to the register.

(3) If regulations are made under paragraph 1(3) of Schedule 11 which amend or replace regulations previously made under that provision, OFCOM must, as soon as reasonably practicable after the date on which the amending or replacement regulations come into force—

(a) assess each regulated user-to-user service which they consider is likely to meet the new Category 2B threshold conditions, to determine whether the service does, or does not, meet those conditions, and

(b) make any necessary changes to the register.

(4) At any other time, if OFCOM consider that a Part 3 service not included in a particular part of the register is likely to meet the threshold conditions relevant to that part, OFCOM must—

(a) assess the service accordingly, and

(b) (subject to section 95(5)) if they consider that the service meets the relevant conditions, add entries relating to that service to that part of the register.

(5) Nothing in subsection (3) or (4) requires OFCOM to assess a Category 1 service to determine whether the service meets the Category 2B threshold conditions.

(6) A provider of a Part 3 service included in the register may at any time request OFCOM to remove entries relating to that service from the register, or from a particular part of the register.

(7) If OFCOM are satisfied, on the basis of evidence submitted by a provider with such a request, that since the registration day there has been a change to the service or to regulations under paragraph 1 of Schedule 11 which appears likely to be relevant, OFCOM must—

(a) assess the service, and

(b) notify the provider of OFCOM’s decision.

(8) OFCOM must remove entries relating to a Part 3 service from the relevant part of the register if, following an assessment of the service, they consider that it no longer meets the threshold conditions relevant to that part.

(9) Section 95(9) applies to an assessment under this section as it applies to an assessment under section 95.

(10) OFCOM must re-publish the register each time a change is made to it.

(11) See section 167 for provision about appeals against a decision to include a service in the register (or in a particular part of the register), or not to remove a service from the register (or from a particular part of the register).

(12) In this section—

• “the register” means the register established under section 95;

• “the registration day”, in relation to a Part 3 service, means—

  (a)

  the day on which entries relating to the service were added to the register, or to the particular part of the register in question, or

  (b)

  if later, the day on which OFCOM last completed an assessment of the service under subsection (1), (2), (3) or (7).

Commencement Information

I4 S. 96 not in force at Royal Assent, see s. 240(1)

I5 S. 96 in force at 10.1.2024 by S.I. 2023/1420, reg. 2(z3)

97 List of emerging Category 1 services U.K.

(1) As soon as reasonably practicable after the first regulations under paragraph 1(1) of Schedule 11 come into force (regulations specifying Category 1 threshold conditions), OFCOM must comply with subsections (2) and (3).

(2) OFCOM must assess each regulated user-to-user service which does not meet the Category 1 threshold conditions and which they consider is likely to meet each of the following conditions, to determine whether the service does, or does not, meet them—

(a) the first condition is that the number of United Kingdom users of the user-to-user part of the service is at least 75% of the figure specified in any of the Category 1 threshold conditions relating to number of users (calculating the number of users in accordance with the threshold condition in question);

(b) the second condition is that—

(i) at least one of the Category 1 threshold conditions relating to functionalities of the user-to-user part of the service is met, or

(ii) if the regulations under paragraph 1(1) of Schedule 11 specify that a Category 1 threshold condition relating to a functionality of the user-to-user part of the service must be met in combination with a Category 1 threshold condition relating to another characteristic of that part of the service or a factor relating to that part of the service (see paragraph 1(4) of Schedule 11), at least one of those combinations of conditions is met.

(3) OFCOM must prepare a list of regulated user-to-user services which meet the conditions in subsection (2).

(4) If the regulations under paragraph 1(1) of Schedule 11 specify that a service meets the Category 1 threshold conditions if any one condition about number of users or functionality is met (as mentioned in paragraph 1(4)(a) of that Schedule)—

(a) subsection (2) applies as if paragraph (b) were omitted, and

(b) subsections (3) and (8) apply as if the reference to the conditions in subsection (2) were to the condition in subsection (2)(a).

(5) The list must contain the following details about a service included in it—

(a) the name of the service,

(b) a description of the service,

(c) the name of the provider of the service, and

(d) a description of the Category 1 threshold conditions by reference to which the conditions in subsection (2) are met.

(6) OFCOM must take appropriate steps to keep the list up to date, including by carrying out further assessments of regulated user-to-user services.

(7) OFCOM must publish the list when it is first prepared and each time it is revised.

(8) When assessing whether a service does, or does not, meet the conditions in subsection (2), OFCOM must take such steps as are reasonably practicable to obtain or generate information or evidence for the purposes of the assessment.

(9) An assessment for the purposes of this section may be included in an assessment under section 95 or 96 (as the case may be) or carried out separately.

Commencement Information

I6 S. 97 not in force at Royal Assent, see s. 240(1)

I7 S. 97 in force at 10.1.2024 by S.I. 2023/1420, reg. 2(z4)