Online Safety Act 2023

95 Register of categories of certain Part 3 services

(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).