Online Safety Act 2023

Regulated user-to-user services which include a pre-existing Part 4B service U.K.

Application of paragraphs 16 to 20 U.K.

15 (1) Paragraphs 16 to 20 make provision about the timing of assessments in the case of a regulated user-to-user service which includes a pre-existing Part 4B service within the definition in paragraph (b) of paragraph 7(1).

(2) In sub-paragraph (3) and paragraphs 16 to 20—

(a) “the regulated service” means the regulated user-to-user service, and

(b) “the Part 4B part” means the pre-existing Part 4B service which is included in the regulated service.

(3) If the effect of Part 1 or paragraph 6 of this Schedule is that the period within which the first illegal content risk assessment, CAA or section 15(2) assessment of the regulated service must be completed begins on a day before the assessment start day—

(a) the time for carrying out the assessment in question in relation to the Part 4B part is extended as set out in paragraph 16, 17 or 18 (whichever applies),

(b) Part 1 and paragraph 6 apply as set out in paragraph 19, and

(c) paragraph 5 applies as set out in paragraph 20.

(4) But paragraphs 16 to 20 do not apply if the service ceases to be a regulated user-to-user service on the assessment start day.

Commencement Information

I1 Sch. 3 para. 15 not in force at Royal Assent, see s. 240(1)

I2 Sch. 3 para. 15 in force at 10.1.2024 by S.I. 2023/1420, reg. 2(z35)

Illegal content risk assessments and children’s access assessments of Part 4B part U.K.

16 (1) Sub-paragraphs (2) and (3) apply in relation to the Part 4B part if, on the assessment start day, illegal content risk assessment guidance is available but the first CAA guidance has not yet been published.

(2) The first illegal content risk assessment of the Part 4B part must be completed within the period of three months beginning with the assessment start day.

(3) The first CAA of the Part 4B part must be completed within the period of three months beginning with the day on which the first CAA guidance is published.

Commencement Information

I3 Sch. 3 para. 16 not in force at Royal Assent, see s. 240(1)

I4 Sch. 3 para. 16 in force at 10.1.2024 by S.I. 2023/1420, reg. 2(z35)

17 U.K. If, on the assessment start day, illegal content risk assessment guidance and CAA guidance are both available, both of the following must be completed within the period of three months beginning with that day—

(a) an illegal content risk assessment of the Part 4B part, and

(b) a CAA of the Part 4B part.

Commencement Information

I5 Sch. 3 para. 17 not in force at Royal Assent, see s. 240(1)

I6 Sch. 3 para. 17 in force at 10.1.2024 by S.I. 2023/1420, reg. 2(z35)

Section 15(2) assessments of Part 4B part U.K.

18 (1) If section 15(2) guidance is available on the assessment start day, a section 15(2) assessment of the Part 4B part must be completed within the period of three months beginning with that day.

(2) If, on the assessment start day, the first section 15(2) guidance has not yet been published, a section 15(2) assessment of the Part 4B part must be completed within the period of three months beginning with the day on which the first section 15(2) guidance is published.

Commencement Information

I7 Sch. 3 para. 18 not in force at Royal Assent, see s. 240(1)

I8 Sch. 3 para. 18 in force at 10.1.2024 by S.I. 2023/1420, reg. 2(z35)

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

I9 Sch. 3 para. 19 not in force at Royal Assent, see s. 240(1)

I10 Sch. 3 para. 19 in force at 10.1.2024 by S.I. 2023/1420, reg. 2(z35)

Application of paragraph 5 U.K.

20 (1) This paragraph sets out how paragraph 5 (children’s risk assessments) is to apply if a CAA is required to be carried out in accordance with—

(a) paragraph 16 or 17 (CAA of Part 4B part of a service),

(b) paragraph 19(3) (CAA of the rest of a service), or

(c) paragraph 19(5)(b) (CAA of search engine of a service).

(2) The definition of “the relevant day” is to operate by reference to the CAA that was (or was required to be) carried out, and accordingly, references to the day on which the service is to be treated as likely to be accessed by children are to be read as references to the day on which the Part 4B part of the service, the rest of the service or the search engine of the service (as the case may be) is to be treated as likely to be accessed by children.

(3) References to a children’s risk assessment of the service are to a children’s risk assessment of the Part 4B part of the service, the rest of the service or the search engine of the service (as the case may be).

Commencement Information

I11 Sch. 3 para. 20 not in force at Royal Assent, see s. 240(1)

I12 Sch. 3 para. 20 in force at 10.1.2024 by S.I. 2023/1420, reg. 2(z35)