Online Safety Act 2023

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)