Online Safety Act 2023

Power of entry and inspection without a warrant

2 (1) The powers conferred by this paragraph may be exercised in relation to premises only if OFCOM—

(a) believe that the premises are being used by the provider of a regulated service in connection with the provision of a regulated service, and

(b) have given the occupier of the premises seven days’ notice that they propose to exercise the powers.

(2) The powers conferred by this paragraph must be exercised at a reasonable hour.

(3) Before exercising a power of entry under this paragraph, an authorised person must, if requested to do so by a person on the premises—

(a) produce evidence of the authorised person’s identity, and

(b) outline the purpose for which the power is exercised.

(4) An authorised person may—

(a) enter the premises,

(b) inspect the premises,

(c) observe the carrying on of the regulated service at the premises,

(d) inspect any document or equipment found on the premises,

(e) require any person on the premises to provide any information, or produce any document in the person’s possession or control, that the authorised person considers is relevant to the provision of the regulated service, and

(f) require any person on the premises to provide an explanation of any document or to state where it may be found.

(5) The power to observe the carrying on of the regulated service at the premises includes the power to view, using equipment or a device on the premises, information generated in real time by the performance of a test or demonstration required by a notice given under paragraph 3.

(6) An authorised person may take copies of any document found or produced under sub-paragraph (4).

(7) An authorised person may exercise powers conferred by this paragraph only so far as is required in connection with the exercise by OFCOM of their functions under this Act.