Online Safety Act 2023

Application of Part 1 and paragraph 6 U.K.

19 (1) This paragraph applies in relation to—

(a) an illegal content risk assessment or a CAA of the regulated service if an assessment of that kind is due to be carried out in relation to the Part 4B part of the service in accordance with paragraph 16 or 17;

(b) a section 15(2) assessment of the regulated service if a section 15(2) assessment is due to be carried out in relation to the Part 4B part of the service in accordance with paragraph 18.

References in the rest of this paragraph to an illegal content risk assessment, a CAA or a section 15(2) assessment are to an assessment of that kind to which this paragraph applies.

(2) For the purposes of this paragraph—

(a) the regulated service is “type 1” if it would still be a regulated user-to-user service even if the Part 4B part were to be assumed not to be part of the service;

(b) the regulated service is “type 2” if it would be a regulated search service if the Part 4B part were to be assumed not to be part of the service;

(c) the regulated service is “type 3” if it does not fall within paragraph (a) or (b).

(3) If the regulated service is type 1, an illegal content risk assessment, a CAA or a section 15(2) assessment is to be treated as being due at the time provided for by Part 1 or paragraph 6 only in relation to the rest of the service.

(4) In sub-paragraph (3) “the rest of the service” means any user-to-user part of the regulated service other than the Part 4B part.

(5) If the regulated service is type 2—

(a) an illegal content risk assessment is not required to be carried out at the time provided for by Part 1, but that is not to be taken to prevent an illegal content risk assessment as defined by section 26 from being due in relation to the search engine of the service at the time provided for by Part 1;

(b) a CAA is to be treated as being due at the time provided for by Part 1 only in relation to the search engine of the service;

(c) a section 15(2) assessment is not required to be carried out at the time provided for by paragraph 6.

(6) If the regulated service is type 3, no illegal content risk assessment, CAA or section 15(2) assessment is required to be carried out at the time provided for by Part 1 or paragraph 6.

Commencement Information

I1 Sch. 3 para. 19 not in force at Royal Assent, see s. 240(1)

I2 Sch. 3 para. 19 in force at 10.1.2024 by S.I. 2023/1420, reg. 2(z35)