Online Safety Act 2023

Procedure for amending or replacing regulations under paragraph 1

3 (1) Regulations in force under paragraph 1(1) may not be amended or replaced by further regulations under that provision except following further research carried out by OFCOM into the matters mentioned in paragraph 2(2).

(2) Regulations in force under paragraph 1(2) may not be amended or replaced by further regulations under that provision except following further research carried out by OFCOM into the matters mentioned in paragraph 2(3).

(3) Regulations in force under paragraph 1(3) may not be amended or replaced by further regulations under that provision except following further research carried out by OFCOM into the matters mentioned in paragraph 2(4).

(4) The further research in question—

(a) may be initiated by OFCOM or carried out in response to a request from the Secretary of State, and

(b) may be in as much depth as OFCOM consider appropriate.

(5) A request from the Secretary of State to OFCOM to carry out further research must indicate why the Secretary of State considers that to be necessary.

(6) Where such research is carried out, OFCOM must provide the Secretary of State with advice as to whether, in OFCOM’s opinion—

(a) it is appropriate to make changes to the regulations in question, specifying the changes that OFCOM recommend, or

(b) it is not appropriate to make any changes to the regulations in question.

(7) OFCOM must publish such advice as soon as reasonably practicable after providing it to the Secretary of State.

(8) Where, following such advice, regulations are amended or replaced by further regulations under the provision in question (“new regulations”)—

(a) if the new regulations include provision which differs in any material respect from provision advised by OFCOM, the Secretary of State must publish a statement explaining the departures from that advice;

(b) if OFCOM’s advice was as mentioned in sub-paragraph (6)(b), the Secretary of State must publish a statement explaining the reasons for the new regulations.

(9) Where OFCOM’s advice is as mentioned in sub-paragraph (6)(a) and the Secretary of State does not make new regulations, the Secretary of State must, as soon as reasonably practicable, publish a statement explaining that decision.

(10) A statement mentioned in sub-paragraph (8) must be published no later than the time at which the regulations to which the statement relates are made.

(11) A statement mentioned in sub-paragraph (8) or (9) must be published in such manner as the Secretary of State considers appropriate for bringing it to the attention of persons who may be affected by it.

(12) Sub-paragraphs (1) to (3) do not apply to regulations made only for the purpose of correcting existing regulations under paragraph 1.