SCHEDULES

SCHEDULE 17 U.K.Video-sharing platform services: transitional provision etc

PART 2 U.K.During the transitional period

Pre-existing Part 4B services which are regulated user-to-user services U.K.

3 (1) This paragraph applies in relation to a pre-existing Part 4B service which—

(a) is within the definition in paragraph (a) of paragraph 1(1), and

(b) is also a regulated user-to-user service.

(2) Both this Act and Part 4B of the Communications Act apply in relation to the pre-existing Part 4B service during the transitional period.

(3) But that is subject to—

(a) sub-paragraph (4),

(b) sub-paragraph (5), and

(c) paragraph 4.

(4) The following duties and requirements under this Act do not apply during the transitional period in relation to the pre-existing Part 4B service—

(a) the safety duties;

(b) the duties set out in section 38 (fraudulent advertising);

(c) the duties set out in section 64 (user identity verification);

(d) the requirements under section 66(1) and (2) (reporting CSEA content to the NCA);

(e) the duties set out in sections 71 and 72 (terms of service);

(f) the duties set out in section 75 (deceased child users);

(g) the duty on OFCOM to give a notice under section 77(1) requiring information in a transparency report;

(h) the requirements to produce transparency reports under section 77(3) and (4).

(5) OFCOM’s powers under Schedule 12 to this Act (powers of entry, inspection and audit) do not apply during the transitional period in relation to the pre-existing Part 4B service.

(6) In sub-paragraph (2) the reference to this Act does not include a reference to Part 6 (fees); for the application of Part 6, see Part 3 of this Schedule.

Commencement Information

I1 Sch. 17 para. 3 not in force at Royal Assent, see s. 240(1)

I2 Sch. 17 para. 3 in force at 10.1.2024 by S.I. 2023/1420, reg. 2(z29)