Online Safety Act 2023

195 Providers that are not legal persons

(1) In this section a “relevant entity” means an entity that—

(a) is the provider of a regulated service, and

(b) is not a legal person under the law under which it is formed.

(2) If a penalty notice is given to a relevant entity (in the name of the entity), the penalty must be paid out of the entity’s funds.

(3) If a notice is given by OFCOM to a relevant entity (in the name of the entity) under any provision of this Act, the notice continues to have effect despite a change in the membership of the entity.

(4) If a penalty notice is given jointly to two or more officers or members of a relevant entity, those individuals are jointly and severally liable to pay the penalty under it.

(5) In subsection (4) the reference to officers or members of a relevant entity includes a reference to employees of such an entity or any other individuals associated with such an entity.

(6) In this section a “penalty notice” means—

(a) a confirmation decision that imposes a penalty (see sections 132(5)(b) and 137),

(b) a penalty notice under section 139,

(c) a penalty notice under section 140(5), or

(d) a penalty notice under section 141(6).