http://www.legislation.gov.uk/id/ukpga/2023/50

SCHEDULES

SCHEDULE 1Exempt user-to-user and search services

Sections 3 and 4

PART 1Descriptions of services which are exempt

I1051Email services

A user-to-user service is exempt if emails are the only user-generated content (other than identifying content) enabled by the service.

I2562SMS and MMS services

1

A user-to-user service is exempt if SMS messages are the only user-generated content (other than identifying content) enabled by the service.

2

A user-to-user service is exempt if MMS messages are the only user-generated content (other than identifying content) enabled by the service.

3

A user-to-user service is exempt if SMS messages and MMS messages are the only user-generated content (other than identifying content) enabled by the service.

4

“SMS message” and “MMS message” have the meaning given by section 55(12).

I3043Services offering only one-to-one live aural communications

1

A user-to-user service is exempt if one-to-one live aural communications are the only user-generated content (other than identifying content) enabled by the service.

2

“One-to-one live aural communications” has the meaning given by section 55(5).

1

In this paragraph—

“public search engine” means a search engine other than one in relation to which the conditions in paragraph 7(2) are met;
“the rest of the service” means all parts of the user-to-user service or search service other than the part in relation to which the conditions in paragraph 7(2) are met.

I109Services provided by public bodies

1

A user-to-user service or a search service is exempt if—

a

both of the following conditions are met in relation to the service—

i

the provider of the service is a public authority within the meaning of section 6 of the Human Rights Act 1998, and

ii

the service is provided in the exercise of public functions only,

b

the provider of the service is Parliament, either House of Parliament, the Scottish Parliament, Senedd Cymru, the Northern Ireland Assembly or a person acting on behalf of any of those institutions,

c

the provider of the service is a foreign sovereign power, or

d

both of the following conditions are met in relation to the service—

i

the provider of the service is an entity formed under the law of a country outside the United Kingdom, which exercises functions of a public nature, and

ii

the service is provided in the exercise of such functions only.

2

But a user-to-user service or a search service is not exempt under this paragraph if—

a

the provider of the service is a person providing education or childcare, and

b

the service is provided for the purposes of that education or childcare.

See paragraph 10 for an exemption for services provided by persons providing education or childcare of particular descriptions.

3

This paragraph is without prejudice to the fact that this Act does not apply in relation to a user-to-user or search service provided by the Crown.

4

In this paragraph, “public function” means a function that is a function of a public nature for the purposes of the Human Rights Act 1998.

I23610Services provided by persons providing education or childcare

1

A user-to-user service or a search service is exempt if—

a

the provider of the service is—

i

the person with legal responsibility for education or childcare of a description listed in Part 2 of this Schedule (“the responsible person”), or where the responsible person is a body, a member of that body, or

ii

a person who is employed or engaged to provide education or childcare of a description listed in Part 2 of this Schedule, and who is subject to safeguarding duties which relate to the provision of that education or childcare, and

b

the service is provided for the purposes of that education or childcare.

2

In sub-paragraph (1)(a)(ii), “safeguarding duties” means duties or requirements which are related to the safeguarding of children arising under enactments other than this Act, under guidance or requirements (however referred to) produced under enactments other than this Act, or as a result of contractual arrangements made by the responsible person.

3

For the purposes of this paragraph, the person with legal responsibility for education or childcare of a particular description is the person with legal responsibility for its day-to-day provision (for example, the person with legal responsibility for a particular school), rather than any other person who has a duty to ensure that, in general, education or childcare of that description (or education or childcare which includes education or childcare of that description) is provided.

I28111Interpretation

In Part 1 of this Schedule—

“enactment” includes—
1. a
  an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978),
2. b
  an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament,
3. c
  an enactment contained in, or in an instrument made under, a Measure or Act of Senedd Cymru, and
4. d
  an enactment contained in, or in an instrument made under, Northern Ireland legislation;
“regulated provider pornographic content” and “published or displayed” have the same meaning as in Part 5 (see section 79);
“user-generated content” has the meaning given by section 55 (see subsections (3) and (4) of that section).

PART 2Paragraph 10 exemption: descriptions of education and childcare

England

I24912

Early years childminding by an early years childminder registered under Chapter 2 of Part 3 of the Childcare Act 2006.

I27113

Early years provision by a person registered under Chapter 2 of Part 3 of that Act.

I13014

Later years childminding by a later years childminder registered under Chapter 3 of Part 3 of that Act.

I12015

Later years provision by a person registered under Chapter 3 of Part 3 of that Act.

I6616

Education or childcare in a maintained nursery school within the meaning of section 22 of the School Standards and Framework Act 1998.

I3517

Education or childcare in—

a

an Academy school, within the meaning of section 1A of the Academies Act 2010;

b

an alternate provision Academy, within the meaning of section 1C of that Act;

c

a maintained school, within the meaning of the School Standards and Framework Act 1998 (see section 20(7) of that Act);

d

a non-maintained special school, being a school that is approved under section 342 of the Education Act 1996;

e

an independent educational institution registered on the register maintained under section 95 of the Education and Skills Act 2008;

f

a pupil referral unit, within the meaning of section 19 of the Education Act 1996.

I9118

Education in—

a

an institution in England within the further education sector, within the meaning of the Further and Higher Education Act 1992 (see section 91(3) of that Act);

b

a 16 to 19 Academy, within the meaning of section 1B of the Academies Act 2010;

c

a special post-16 institution, within the meaning of Part 3 of the Children and Families Act 2014 (see section 83(2) of that Act).

I28419

Education provided by an independent training provider.

I5120

Further education for persons under 19 provided by a local authority in England.

I27921

In paragraphs 12 to 15, “early years childminding”, “early years provision”, “later years childminding” and “later years provision” have the same meaning as in Part 3 of the Childcare Act 2006 (see section 98 of that Act).

I7822

In paragraph 19, “independent training provider” means a provider—

a

that is a provider of post-16 education or training carried on, or partly carried on, in England—

i

to which Chapter 3 of Part 8 of the Education and Inspections Act 2006 (inspection of further education and training etc) applies, and

ii

which is funded, wholly or partly, by the Secretary of State, a local authority in England or a combined authority, but

b

that is not—

i

an employer who only provides such education or training to its employees,

ii

a 16 to 19 Academy (within the meaning of section 1B of the Academies Act 2010),

iii

a school,

iv

a local authority in England,

v

an institution within the further education sector (within the meaning given by section 91(3) of the Further and Higher Education Act 1992), or

vi

a higher education provider (within the meaning given by section 83(1) of the Higher Education and Research Act 2017).

I4823

In paragraphs 20 and 22, “local authority in England” has the same meaning as in the Education Act 1996 (see sections 579(1) and 581 of that Act).

I11624

In paragraph 22—

“combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;
“school” has the meaning given by section 4(1) of the Education Act 1996.

Scotland

I8525

Early learning and childcare, within the meaning of Part 6 of the Children and Young People (Scotland) Act 2014 (asp 8) (see section 46 of that Act).

I20426

Child minding, within the meaning of Part 5 of the Public Services Reform (Scotland) Act 2010 (asp 8) (see paragraph 12 of Schedule 12 to that Act).

I12327

Day care of children, within the meaning of Part 5 of that Act (see paragraph 13 of Schedule 12 to that Act).

I31328

Primary education, secondary education or childcare in—

a

a school, or

b

a hostel used mainly by pupils attending a school;

and in this paragraph “school” has the same meaning as in the Education (Scotland) Act 1980 (see section 135(1) of that Act).

I429

Further education provided by a body listed under the heading “Institutions formerly eligible for funding by the Scottish Further Education Funding Council” or under the heading “Other institutions” in Schedule 2 to the Further and Higher Education (Scotland) Act 2005 (asp 6).

I7330

Further education provided by a college of further education which is assigned to a regional strategic body by an order made under section 7C(1) of that Act.

Wales

I6231

Child minding by a person who is registered as a child minder under Part 2 of the Children and Families (Wales) Measure 2010 (nawm 1).

I16232

Day care for children by a person who is registered to provide day care for children under Part 2 of that Measure.

I23733

Primary education, secondary education or childcare in a school in Wales, within the meaning of the Education Act 1996 as it applies in relation to Wales (see section 4 of that Act).

I27334

Education provided in accordance with section 19A of the Education Act 1996.

I8335

Further education in an institution in Wales within the further education sector, within the meaning of the Further and Higher Education Act 1992 (see section 91(3) of that Act).

I20036

Any other post-16 education or training in Wales, the facilities for which are secured under section 31(1)(a) or (b) or 32(1)(a) or (b) of the Learning and Skills Act 2000, that is funded by the Welsh Ministers or a local authority in Wales (within the meaning of section 579(1) of the Education Act 1996), but that is not provided by—

a

an institution in Wales within the higher education sector, within the meaning of the Further and Higher Education Act 1992 (see section 91(5) of that Act), or

b

a person who is a provider of such post-16 education or training only by reason of providing such education or training to the person’s employees.

I3137

In paragraphs 31 and 32, “child minding” and “day care for children” have the same meaning as in Part 2 of the Children and Families (Wales) Measure 2010 (see section 19 of that Measure).

Northern Ireland

I1738

Childcare by persons who act as child minders or provide day care for children within the meaning of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)), and who are registered under Article 118 of that Order.

I10339

Pre-school education, within the meaning of Part 5 of the Education (Northern Ireland) Order 1998 (S.I. 1998/1759 (N.I. 13)) (see Article 17(8) of that Order).

I1540

Education in a nursery school, within the meaning of the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I. 3)) (see Article 2(2) of that Order).

I2141

Education or childcare in a school, within the meaning of the Education and Libraries (Northern Ireland) Order 1986 (see Article 2(2) of that Order).

I25742

Education which is suitable education otherwise than at school provided in accordance with Article 86 of the Education (Northern Ireland) Order 1998.

I23943

Education in an institution of further education, within the meaning of the Further Education (Northern Ireland) Order 1997 (S.I. 1997/1772 (N.I. 15)) (see Article 2(2) of that Order).

I14944

Education in agriculture and related subjects.

that has links with the United Kingdom.

I1562

1

A user-to-user service within sub-paragraph (2) or (3).

2

A user-to-user service is within this sub-paragraph if—

a

the internal business service conditions are met in relation to a part of the service,

b

no user-generated content is enabled by the rest of the service,

c

regulated provider pornographic content is published or displayed on the rest of the service, and

d

the service has links with the United Kingdom.

3

A user-to-user service is within this sub-paragraph if—

a

the internal business service conditions are met in relation to a part of the service,

b

the only user-generated content enabled by the rest of the service is—

i

content mentioned in paragraph 1, 2 or 3 of Schedule 1 and related identifying content, or

ii

content arising in connection with any of the activities described in paragraph 4(1) of Schedule 1,

c

regulated provider pornographic content is published or displayed on the rest of the service, and

d

the service has links with the United Kingdom.

I343

1

A search service within sub-paragraph (2).

2

A search service is within this sub-paragraph if—

a

the internal business service conditions are met in relation to a part of the service that is a search engine,

b

the service does not include a public search engine,

c

regulated provider pornographic content is published or displayed on the rest of the service, and

d

the service has links with the United Kingdom.

I2334

For the purposes of this Schedule, a service “has links with the United Kingdom” if it has links with the United Kingdom within the meaning of section 80(4).

I1295

In this Schedule—

“the internal business service conditions” means the conditions in paragraph 7(2) of Schedule 1;
“public search engine” means a search engine other than one in relation to which the internal business service conditions are met;
“regulated provider pornographic content” and “published or displayed” have the same meaning as in Part 5 (see section 79);
“the rest of the service” means any part of the user-to-user service or search service other than the part in relation to which the internal business service conditions are met;
“user-generated content” has the meaning given by section 55 (see subsections (3) and (4) of that section).

SCHEDULE 3Timing of providers’ assessments

Sections 9, 11, 14, 26, 28 and 36

PART 1Timing of illegal content risk assessments and children’s access assessments

I278 I3241Part 3 services already in operation at the outset of the regime provided for by this Act

1

This paragraph applies in relation to a Part 3 service which is in operation immediately before the day on which the first illegal content risk assessment guidance is published.

2

The first illegal content risk assessment of the service must be completed within the period of three months beginning with the day on which that guidance is published.

3

The first CAA of the service must be completed within the period of three months beginning with the day on which the first CAA guidance is published.

I210 I3252New Part 3 services which start up, and existing services which become Part 3 services, between publication of the first illegal content risk assessment guidance and the first CAA guidance

1

In this paragraph “the first day”, in relation to a Part 3 service, means—

a

the first day on which the service is a Part 3 service (being a new service), or

b

the first day on which the service becomes a Part 3 service (having previously not been a Part 3 service).

2

Sub-paragraphs (3) and (4) apply if, on the first day, illegal content risk assessment guidance is available but the first CAA guidance has not yet been published.

3

The first illegal content risk assessment of the service must be completed within the period of three months beginning with the first day.

4

The first CAA of the service must be completed within the period of three months beginning with the day on which the first CAA guidance is published.

I19 I3263New Part 3 services which start up when illegal content risk assessment guidance and CAA guidance are both available

1

In this paragraph “the first day”, in relation to a Part 3 service, means the first day on which the service is a Part 3 service (being a new service).

2

If, on the first 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

the first illegal content risk assessment of the service, and

b

the first CAA of the service.

I115 I3274Existing services which become Part 3 services when illegal content risk assessment guidance and CAA guidance are both available

1

In this paragraph “the first day”, in relation to a Part 3 service, means the first day on which the service becomes, or again becomes, a Part 3 service (following a period during which the service was not a Part 3 service).

2

a

an illegal content risk assessment of the service, and

b

a CAA of the service.

PART 2Timing of children’s risk assessments and section 15(2) assessments

I63 I3285Children’s risk assessments

1

In this paragraph “the relevant day”, in relation to a Part 3 service, means—

a

the first day on which the service is treated as likely to be accessed by children, or

b

the first day on which the service is again treated as likely to be accessed by children (following a period during which the service was not so treated).

2

If, on the relevant day, children’s risk assessment guidance is available, a children’s risk assessment of the service must be completed within the period of three months beginning with that day.

3

Sub-paragraph (4) applies if—

a

on the relevant day, the first children’s risk assessment guidance has not yet been published, and

b

immediately before the publication of that guidance, the service is still treated as likely to be accessed by children.

4

The first children’s risk assessment of the service must be completed within the period of three months beginning with the day on which the first children’s risk assessment guidance is published.

I84 I3296Section 15(2) assessments

ii

was being provided immediately before Schedule 17 comes into force.

2

In sub-paragraph (1), any reference to a service provided before Schedule 17 comes into force includes a reference to a service provided in breach of the requirement in section 368V of the Communications Act.

I170 I3318

I259 I33512Illegal content risk assessments and children’s access assessments

1

Sub-paragraphs (2) and (3) apply in relation to the service 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 service must be completed within the period of three months beginning with the assessment start day.

3

The first CAA of the service must be completed within the period of three months beginning with the day on which the first CAA guidance is published.

I174 I33613

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

the first illegal content risk assessment of the service, and

b

the first CAA of the service.

I196 I33714Section 15(2) assessments

1

If section 15(2) guidance is available on the assessment start day, the first section 15(2) assessment of the service 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, the first section 15(2) assessment of the service must be completed within the period of three months beginning with the day on which the first section 15(2) guidance is published.

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

I307 I33815Application of paragraphs 16 to 20

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.

I264 I33916Illegal content risk assessments and children’s access assessments of Part 4B part

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.

I104 I34017

a

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

b

a CAA of the Part 4B part.

I172 I34118Section 15(2) assessments of Part 4B part

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.

I126 I34219Application of Part 1 and paragraph 6

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.

I267 I34320Application of paragraph 5

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).

PART 4Interpretation, and extension of three-month periods

I173 I34421Interpretation of this Schedule

In this Schedule—

“CAA” means a children’s access assessment (see section 35);
“CAA guidance” means OFCOM’s guidance under section 52(3)(b) (guidance about children’s access assessments);
“children’s risk assessment guidance” means OFCOM’s guidance under section 99(3);
“section 15(2) assessment” means OFCOM’s assessment under section 14 (assessments related to the adult user empowerment duty set out in section 15(2));
“section 15(2) guidance” means OFCOM’s guidance under section 52(1).

1

Codes of practice that describe measures recommended for the purpose of compliance with a duty set out in section 10(2) or (3) (illegal content) must include measures in each of the areas of a service listed in section 10(4).

2

Codes of practice that describe measures recommended for the purpose of compliance with a duty set out in section 12(2) or (3) (children’s online safety) must include measures in each of the areas of a service listed in section 12(8).

3

Codes of practice that describe measures recommended for the purpose of compliance with a duty set out in section 27(2) or (3) (illegal content) must include measures in each of the areas of a service listed in section 27(4).

4

Codes of practice that describe measures recommended for the purpose of compliance with a duty set out in section 29(2) or (3) (children’s online safety) must include measures in each of the areas of a service listed in section 29(4).

5

Sub-paragraphs (1) to (4) apply to the extent that inclusion of the measures in question is consistent with paragraph 1(a) and the principles mentioned in paragraph 2(c) and (d).

b

make different provision with regard to user-to-user services of different kinds or search services of different kinds; and

c

otherwise differentiate between Part 3 services, and between providers of such services, in such manner as OFCOM consider appropriate.

I13215

A code of practice may apply in relation to a person who provides a Part 3 service from outside the United Kingdom.

I16816Interpretation

In this Schedule—

“code of practice” means a code of practice under section 41;
“search results” has the meaning given by section 57(3);
“user-generated content” has the meaning given by section 55 (see subsections (3) and (4) of that section).

SCHEDULE 5Terrorism offences

Section 59

I2761

An offence under any of the following provisions of the Terrorism Act 2000—

a

section 11 (membership of a proscribed organisation);

b

section 12(1) (inviting support for a proscribed organisation);

c

section 12(1A) (expressing an opinion or belief supportive of a proscribed organisation);

d

section 12(2) (arranging a meeting supportive of a proscribed organisation);

e

section 13(1A) (publishing image of uniform of proscribed organisation);

f

section 15 (terrorist fund-raising);

g

section 16(1) (use of money or property for terrorist purposes);

h

section 16(2) (possession of money or property for terrorist purposes);

i

section 17 (involvement in terrorist funding arrangements);

j

section 18 (laundering of terrorist property);

k

section 54(1) (providing weapons training);

l

section 54(3) (inviting another to receive weapons training);

m

section 56 (directing a terrorist organisation);

n

section 58 (collection of information likely to be of use to a terrorist);

o

section 58A (publishing information about members of the armed forces etc);

p

sections 59 to 61 (inciting terrorism outside the United Kingdom).

I3232

An offence under section 113 of the Anti-terrorism, Crime and Security Act 2001 (use of noxious substances or things).

I263

An offence under any of the following provisions of the Terrorism Act 2006—

a

section 1 (encouragement of terrorism);

b

section 2 (dissemination of terrorist publications);

c

section 5 (preparation of terrorist acts);

d

section 6 (training for terrorism);

e

section 11 (terrorist threats relating to radioactive devices etc).

I3114Inchoate offences

1

An offence of attempting or conspiring to commit an offence specified in this Schedule.

2

An offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting) in relation to an offence specified in this Schedule, or (in Scotland) inciting a person to commit such an offence.

3

An offence of aiding, abetting, counselling or procuring the commission of an offence specified in this Schedule, or (in Scotland) being involved art and part in the commission of such an offence.

SCHEDULE 6Child sexual exploitation and abuse offences

Section 59

PART 1England and Wales, and Northern Ireland

I581

An offence under section 2 of the Obscene Publications Act 1959 relating to an obscene article tending to deprave and corrupt others by encouraging them to commit an offence specified in paragraph 2, 4, 5, 7 or 8.

I1212

An offence under section 1 of the Protection of Children Act 1978 (indecent photographs of children).

I1943

An offence under Article 3 of the Protection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) (indecent photographs of children).

I2724

An offence under section 160 of the Criminal Justice Act 1988 (possession of indecent photograph of a child).

I65

An offence under any of the following provisions of the Sexual Offences Act 2003—

a

section 8 (causing or inciting a child under 13 to engage in sexual activity);

b

section 10 (causing or inciting a child to engage in sexual activity);

c

section 11 (engaging in sexual activity in the presence of a child);

d

section 12 (causing a child to watch a sexual act);

e

section 13 (child sex offences committed by children or young persons);

f

section 14 (arranging or facilitating commission of a child sex offence);

g

section 15 (meeting a child following sexual grooming etc);

h

section 15A (sexual communication with a child);

i

section 47 (paying for sexual services of a child);

j

section 48 (causing or inciting sexual exploitation of a child);

k

section 49 (controlling a child in relation to sexual exploitation);

l

section 50 (arranging or facilitating sexual exploitation of a child).

I2156

An offence under any of the following provisions of the Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2))—

a

Article 15 (causing or inciting a child under 13 to engage in sexual activity);

b

Article 17 (causing or inciting a child to engage in sexual activity);

c

Article 18 (engaging in sexual activity in the presence of a child);

d

Article 19 (causing a child to watch a sexual act);

e

Article 20 (sexual offences against children committed by children or young persons);

f

Article 21 (arranging or facilitating commission of a sex offence against a child);

g

Article 22 (meeting a child following sexual grooming etc);

h

Article 22A (sexual communication with a child);

i

Article 37 (paying for sexual services of a child);

j

Article 38 (causing or inciting child prostitution or pornography);

k

Article 39 (controlling a child prostitute or a child involved in pornography);

l

Article 40 (arranging or facilitating child prostitution or pornography).

I1507

An offence under section 62 of the Coroners and Justice Act 2009 (possession of prohibited image of a child).

I1188

An offence under section 69 of the Serious Crime Act 2015 (possession of paedophile manual).

I1139Inchoate offences

1

An offence of attempting or conspiring to commit an offence specified in this Part.

2

An offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting) in relation to an offence specified in this Part.

3

An offence of aiding, abetting, counselling or procuring the commission of an offence specified in this Part.

section 33 (causing an older child to look at a sexual image);

f

section 34 (communicating indecently with an older child etc);

g

section 54 (incitement to commit certain sexual acts outside Scotland).

An offence under section 13 of the National Security Act 2023 (foreign interference).

I18538Animal welfare

An offence under section 4(1) of the Animal Welfare Act 2006 (unnecessary suffering of an animal).

I31639Inchoate offences

1

An offence of attempting or conspiring to commit an offence specified in this Schedule.

2

An offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting) in relation to an offence specified in this Schedule, or (in Scotland) inciting a person to commit such an offence.

3

An offence of aiding, abetting, counselling or procuring the commission of an offence specified in this Schedule, or (in Scotland) being involved art and part in the commission of such an offence.

SCHEDULE 8Transparency reports by providers of Category 1 services, Category 2A services and Category 2B services

Section 77

PART 1Matters about which information may be required: user-to-user part of service

I317 I3521

The incidence of illegal content, content that is harmful to children, relevant content and content to which section 15(2) applies on a service.

I294 I3532

The dissemination of illegal content, content that is harmful to children, relevant content and content to which section 15(2) applies by means of a service.

I159 I3543

The number of users who are assumed to have encountered illegal content, content that is harmful to children, relevant content or content to which section 15(2) applies by means of the service.

I44 I3554

The formulation, development, scope and application of the terms of service.

I208 I3565

The systems and processes for users to report content which they consider to be illegal content, content that is harmful to children or relevant content.

I37 I3576

The systems and processes that a provider operates to deal with illegal content, content that is harmful to children and relevant content, including systems and processes for identifying such content and taking it down.

I228 I3587

Functionalities designed to help users manage risks relating to content that is harmful to children and relevant content.

I136 I3598

Features, including functionalities, that a provider considers may contribute to risks of harm to individuals using the service, and measures taken or in use by the provider to mitigate and manage those risks.

I224 I3609

The design and operation of algorithms which affect the display, promotion, restriction or recommendation of illegal content, content that is harmful to children, relevant content or content to which section 15(2) applies.

I219 I36110

Measures taken or in use by a provider to comply with any duty set out in Chapter 2 or 4 of Part 3 or section 38 (including in particular measures that are described in a code of practice under section 41).

I2311

Measures taken or in use by a provider to comply with the duty set out in section 64(1) (user identity verification).

I9412

Arrangements that a provider has in place for the reporting (in the United Kingdom or elsewhere) of content relating to child sexual exploitation and abuse, and measures taken or in use by a provider to comply with a requirement under section 66.

I207 I36213

Measures taken or in use by a provider to comply with any duty set out in section 71 or 72 (terms of service).

I31814

Measures taken or in use by a provider to comply with any duty set out in section 75 (deceased child users).

I74 I36315

The systems and processes by which a provider assesses the risk of harm to individuals from the presence of illegal content or content that is harmful to children—

a

when the service is initially being designed or developed,

b

when any further development or update to the service is being considered, and

c

while the service is in operation.

I13 I36416

The systems and processes that a provider operates—

a

to direct users of the service to information about how they can protect themselves from harm in relation to illegal content and content that is harmful to children, and

b

to counteract or provide support to users of the service in relation to illegal content and content that is harmful to children present on the service.

I310 I36517

Co-operation by a provider with government, regulatory or other public sector bodies in the United Kingdom, in particular those involved in the enforcement of the criminal law.

I220 I36618

Measures taken or in use by a provider to provide for a higher standard of protection for children than for adults.

I102 I36719

Measures taken or in use by a provider to improve the media literacy of users, and an evaluation of the effectiveness of such measures.

I28 I36820

Any other measures taken or in use by a provider which relate to online safety matters.

PART 2Matters about which information may be required: search engine

I41 I36921

The incidence of illegal search content and search content that is harmful to children on a service.

I22 I37022

The number of users who are assumed to have encountered illegal search content or search content that is harmful to children.

I226 I37123

The formulation, development, scope and application of the statements of policies and procedures mentioned in sections 27(5) and 29(5).

I312 I37224

The systems and processes for users to report search content which they consider to be illegal content or content that is harmful to children, or other content which they consider breaches any statements of policies and procedures which have been made publicly available by the provider of a service.

I240 I37325

The systems and processes that a provider operates to deal with illegal search content and search content that is harmful to children, including systems and processes for identifying such content and minimising the risk of those kinds of content being encountered by means of the service.

I315 I37426

Functionalities designed to help users manage risks relating to search content that is harmful to children.

I52 I37527

The design and operation of algorithms which affect the display, promotion, restriction or recommendation of illegal search content or search content that is harmful to children.

I106 I37628

Measures taken or in use by a provider to comply with any duty set out in Chapter 3 or 4 of Part 3 or section 39 (including in particular measures that are described in a code of practice under section 41).

I30129

I21130

Measures taken or in use by a provider to comply with any duty set out in section 75 (deceased child users).

I167 I37731

The systems and processes by which a provider assesses the risk of harm to individuals from illegal search content or search content that is harmful to children—

a

when the service is initially being designed or developed,

b

when any further development or update to the service is being considered, and

c

while the service is in operation.

I131 I37832

The systems and processes that a provider operates—

a

to direct users of the service to information about how they can protect themselves from harm in relation to illegal content and content that is harmful to children, and

b

to counteract or provide support to users of the service in relation to illegal search content and search content that is harmful to children.

I235 I37933

Co-operation by a provider with government, regulatory or other public sector bodies in the United Kingdom, in particular those involved in the enforcement of the criminal law.

I305 I38034

Measures taken or in use by a provider to provide a higher standard of protection for children than for adults.

I319 I38135

Measures taken or in use by a provider to improve the media literacy of users, and an evaluation of the effectiveness of such measures.

I42 I38236

Any other measures taken or in use by a provider which relate to online safety matters.

PART 3Further provision and interpretation

I49 I38337

When determining which information to require in a notice under section 77(1) in relation to a particular service, OFCOM must take into account—

a

the kind of service it is;

b

the functionalities of the service;

c

the number of users of the service;

d

the capacity of the provider;

e

the duties set out in Chapter 2 or 3 of Part 3 or Chapters 1 to 4 of Part 4 that apply in relation to the service;

f

the proportion of users of the service who are children.

I198 I38438

The Secretary of State may by regulations—

a

amend Part 1 or Part 2 of this Schedule so as to add further matters about which information may be required, or to vary or omit matters about which information may be required, and

b

amend paragraph 37 in connection with any such amendment.

I72 I38539

The Secretary of State must consult OFCOM before making regulations under paragraph 38.

I213 I38640

In the application of Part 2 of this Schedule to a combined service, references to statements of policies and procedures include references to provisions of the terms of service which relate to the search engine.

I241 I38741

1

For the purposes of this Schedule, content of a particular kind is “relevant content” if—

a

a term of service, other than a term of service within sub-paragraph (2), indicates (in whatever words) that the presence of content of that kind is prohibited on the service or that users’ access to content of that kind is restricted, and

b

it is regulated user-generated content.

2

The terms of service within this sub-paragraph are as follows—

a

terms of service which make provision of the kind mentioned in section 10(5) (protecting individuals from illegal content) or 12(9) (protecting children from content that is harmful to children);

b

3

References in this Schedule to relevant content are to content that is relevant content in relation to the service in question.

4

The reference in sub-paragraph (1) to users’ access to content being restricted is to be construed in accordance with sections 58 and 236(6).

I291 I38842

In this Schedule—

“consumer content” has the same meaning as in Chapter 3 of Part 4 (see section 74(3));
“content that is harmful to children” has the same meaning as in Part 3 (see section 60);
“illegal content” has the same meaning as in Part 3 (see section 59);
“illegal search content” means search content that is illegal content;
“regulated user-generated content” has the same meaning as in Part 3 (see section 55), and references to such content are to content that is regulated user-generated content in relation to the service in question;
“search content” has the same meaning as in Part 3 (see section 57);
“users” means United Kingdom users (see section 227), except in paragraphs 16(a) and 32(a) where “users” means individuals in the United Kingdom who are users of a service.

SCHEDULE 9Certain internet services not subject to duties relating to regulated provider pornographic content

Section 80

I111 I3891Internal business services (entire internet service)

1

An internet service, other than a user-to-user service or a search service, in relation to which the conditions in sub-paragraph (2) are met.

2

The conditions are—

a

the internet service is an internal resource or tool for a business, or for more than one business carried on by the same person,

b

the person carrying on the business (or businesses) (“P”) is the provider of the internet service, and

c

the internet service is available only to a closed group of people comprising some or all of the following—

i

where P is an individual or individuals, that individual or those individuals,

ii

where P is an entity, officers of P,

iii

persons who work for P (including as employees or volunteers) for the purposes of any activities of the business (or any of the businesses) in question, and

iv

3

In this paragraph—

“business” includes trade, profession, educational institution or other concern (whether or not carried on for profit);
“officer” includes a director, manager, partner, associate, secretary, governor, trustee or other similar officer.

I189 I3902Internal business services (part of internet service)

1

An internet service, other than a user-to-user service or a search service, within sub-paragraph (2).

2

An internet service is within this sub-paragraph if—

a

the conditions in paragraph 1(2) are met in relation to a part of the service, and

b

no regulated provider pornographic content is published or displayed on the rest of the service.

3

In sub-paragraph (2)(b), “the rest of the service” means all parts of the internet service other than the part in relation to which the conditions in paragraph 1(2) are met.

I255 I3913Services provided by public bodies

1

An internet service, other than a user-to-user service or a search service, which is provided by a public body.

2

An internet service is “provided by a public body” if—

a

both of the following conditions are met in relation to the service—

i

the provider of the service is a public authority within the meaning of section 6 of the Human Rights Act 1998, and

ii

the service is provided in the exercise of public functions only,

b

the provider of the service is Parliament, either House of Parliament, the Scottish Parliament, Senedd Cymru, the Northern Ireland Assembly or a person acting on behalf of any of those institutions,

c

the provider of the service is a foreign sovereign power, or

d

both of the following conditions are met in relation to the service—

i

the provider of the service is an entity formed under the law of a country outside the United Kingdom, which exercises functions of a public nature, and

ii

the service is provided in the exercise of such functions only.

3

But an internet service is not within this paragraph if—

a

the provider of the service is a person providing education or childcare, and

b

the service is provided for the purposes of that education or childcare.

See paragraph 4.

4

This paragraph is without prejudice to the fact that this Act does not apply in relation to an internet service provided by the Crown.

5

In this paragraph, “public function” means a function that is a function of a public nature for the purposes of the Human Rights Act 1998.

I261 I3924Services provided by persons providing education or childcare

1

An internet service, other than a user-to-user service or a search service—

a

of which the provider is—

i

the person with legal responsibility for education or childcare of a description listed in Part 2 of Schedule 1 (“the responsible person”), or where the responsible person is a body, a member of that body, or

ii

a person who is employed or engaged to provide education or childcare of a description listed in Part 2 of Schedule 1, and who is subject to safeguarding duties which relate to the provision of that education or childcare, and

b

which is provided for the purposes of that education or childcare.

2

3 I61 I3935On-demand programme services F1and non-UK on-demand programme services that are Tier 1 services (entire internet service)

1

An internet service that is an on-demand programme service F2or a non-UK on-demand programme service that is a Tier 1 service.

2

In this paragraph and paragraph 6, “on-demand programme service” F3, “non-UK on-demand programme service” and “Tier 1 service” have the same meaning as in the Communications Act (see F4sections 368A, 368AA and 368HA of that Act).

I155 I3946On-demand programme services F5and non-UK on-demand programme services that are Tier 1 services (part of internet service)

1

An internet service within sub-paragraph (2).

2

An internet service is within this sub-paragraph if—

a

part of the service is an on-demand programme service F6or a non-UK on-demand programme service that is a Tier 1 service, and

b

no regulated provider pornographic content is published or displayed on the rest of the service.

3

In sub-paragraph (2)(b), “the rest of the service” means all parts of the internet service other than the part which is an on-demand programme service F7or a non-UK on-demand programme service that is a Tier 1 service.

I24 I3957Interpretation

In this Schedule—

“education” and “childcare” have the same meaning as in Schedule 1 (see Part 3 of that Schedule);
“enactment” includes—
1. a
  an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978),
2. b
  an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament,
3. c
  an enactment contained in, or in an instrument made under, a Measure or Act of Senedd Cymru, and
4. d
  an enactment contained in, or in an instrument made under, Northern Ireland legislation;
“regulated provider pornographic content” and “published or displayed” have the same meaning as in Part 5 (see section 79).

SCHEDULE 10Recovery of OFCOM’s initial costs

Section 89

I163 I3961Recovery of initial costs

1

This Schedule concerns the recovery by OFCOM of an amount equal to the aggregate of the amounts of WTA receipts which, in accordance with section 401(1) of the Communications Act and OFCOM’s statement under that section, are retained by OFCOM for the purpose of meeting their initial costs.

2

OFCOM must seek to recover the amount described in sub-paragraph (1) (“the total amount of OFCOM’s initial costs”) by charging providers of regulated services fees under this Schedule (“additional fees”).

3

In this Schedule—

“initial costs” means the costs incurred by OFCOM before the first day of the initial charging year on—
1. a
  preparations for the exercise of their online safety functions, or
2. b
  the exercise of their online safety functions;
“WTA receipts” means the amounts described in section 401(1)(a) of the Communications Act which are paid to OFCOM (certain receipts under the Wireless Telegraphy Act 2006).

I67 I3972Recovery of initial costs: first phase

1

The first phase of OFCOM’s recovery of their initial costs is to take place over a period of several charging years to be specified in regulations under paragraph 7 (“specified charging years”).

2

Over that period OFCOM must, in aggregate, charge providers of regulated services additional fees of an amount equal to the total amount of OFCOM’s initial costs.

3

OFCOM may not charge providers additional fees in respect of any charging year which falls before the first specified charging year.

4

OFCOM may require a provider to pay an additional fee in respect of a charging year only if the provider is required to pay a fee in respect of that year under section 84 (and references in this Schedule to charging providers are to be read accordingly).

5

The amount of an additional fee payable by a provider is to be calculated in accordance with regulations under paragraph 7.

I3 I3983Further recovery of initial costs

1

The second phase of OFCOM’s recovery of their initial costs begins after the end of the last of the specified charging years.

2

As soon as reasonably practicable after the end of the last of the specified charging years, OFCOM must publish a statement specifying—

a

the amount which is at that time the recoverable amount (see paragraph 6), and

b

the amounts of the variables involved in the calculation of the recoverable amount.

3

OFCOM’s statement must also specify the amount which is equal to that portion of the recoverable amount which is not likely to be paid or recovered.

The amount so specified is referred to in sub-paragraphs (4) and (5) as “the outstanding amount”.

4

Unless a determination is made as mentioned in sub-paragraph (5), OFCOM must, in aggregate, charge providers of regulated services additional fees of an amount equal to the outstanding amount.

5

The Secretary of State may, as soon as reasonably practicable after the publication of OFCOM’s statement, make a determination specifying an amount by which the outstanding amount is to be reduced, and in that case OFCOM must, in aggregate, charge providers of regulated services additional fees of an amount equal to the difference between the outstanding amount and the amount specified in the determination.

6

Additional fees mentioned in sub-paragraph (4) or (5) must be charged in respect of the charging year immediately following the last of the specified charging years (“year 1”).

7

The process set out in sub-paragraphs (2) to (6) is to be repeated in successive charging years, applying those sub-paragraphs as if—

a

in sub-paragraph (2), the reference to the end of the last of the specified charging years were to the end of year 1 (and so on for successive charging years);

b

in sub-paragraph (6), the reference to year 1 were to the charging year immediately following year 1 (and so on for successive charging years).

8

Any determination by the Secretary of State under this paragraph must be published in such manner as the Secretary of State considers appropriate.

9

Sub-paragraphs (4) and (5) of paragraph 2 apply to the charging of additional fees under this paragraph as they apply to the charging of additional fees under that paragraph.

10

The process set out in this paragraph comes to an end in accordance with paragraph 4.

1

For the purposes of this Schedule, the “provider” of a regulated service, in relation to a charging year, includes a person who is the provider of the service for part of the year.

2

Where a person is the provider of a regulated service for part of a charging year only, OFCOM may refund all or part of an additional fee paid to OFCOM under paragraph 2 or 3 by that provider in respect of that year.

I300 I4016Calculation of the recoverable amount

For the purposes of a statement by OFCOM under paragraph 3, the “recoverable amount” is given by the formula—

C - (F - R) - D

where—

C is the total amount of OFCOM’s initial costs,
F is the aggregate amount of the additional fees received by OFCOM at the time of the statement in question,
R is the aggregate amount of the additional fees received by OFCOM that at the time of the statement in question have been, or are due to be, refunded (see paragraph 5(2)), and
D is the amount specified in a determination made by the Secretary of State under paragraph 3 (see paragraph 3(5)) at a time before the statement in question or, where more than one such determination has been made, the sum of the amounts specified in those determinations.

providers of regulated search services,

d

providers of internet services within section 80(2), and

e

such other persons as the Secretary of State considers appropriate.

I225 I4038Interpretation

In this Schedule—

“additional fees” means fees chargeable under this Schedule in respect of the recovery of OFCOM’s initial costs;
“charging year” has the meaning given by section 90;
“initial charging year” has the meaning given by section 90;
“initial costs” has the meaning given by paragraph 1(3), and the “total amount” of initial costs means the amount described in paragraph 1(1);
“recoverable amount” has the meaning given by paragraph 6;
“specified charging year” means a charging year specified in regulations under paragraph 7 for the purposes of paragraph 2.

SCHEDULE 11Categories of regulated user-to-user services and regulated search services: regulations

Section 94

In making regulations under sub-paragraph (2), the Secretary of State must take into account the likely impact of the number of users of the search engine on the level of risk of harm to individuals from search content that is illegal content or search content that is harmful to children.

7

In making regulations under sub-paragraph (3), the Secretary of State must take into account the likely impact of the number of users of the user-to-user part of the service, and its functionalities, on the level of risk of harm to individuals from illegal content and content that is harmful to children disseminated by means of the service.

8

In this paragraph “specified” means specified in the regulations.

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.

I794Publication of OFCOM’s advice under paragraphs 2 and 3

1

In arranging for the publication of advice under paragraph 2(7)(a) or 3(7), OFCOM must have regard to the need to exclude from publication, so far as that is practicable, matters which are confidential in accordance with sub-paragraphs (2) and (3).

2

A matter is confidential under this sub-paragraph if—

a

it relates specifically to the affairs of a particular body, and

b

publication of that matter would or might, in OFCOM’s opinion, seriously and prejudicially affect the interests of that body.

3

A matter is confidential under this sub-paragraph if—

a

it relates to the private affairs of an individual, and

b

publication of that matter would or might, in OFCOM’s opinion, seriously and prejudicially affect the interests of that individual.

I2225Interpretation

References in this Schedule to the number of users of a user-to-user part of a service or a search engine are to the number of United Kingdom users of such a part or search engine.

I2686

In this Schedule the “characteristics” of a user-to-user part of a service or a search engine include its user base, business model, governance and other systems and processes.

I657

In this Schedule—

“content that is harmful to children” has the same meaning as in Part 3 (see section 60);
“illegal content” has the same meaning as in Part 3 (see section 59);
“regulated user-generated content” has the same meaning as in Part 3 (see section 55);
“search content” has the same meaning as in Part 3 (see section 57).

SCHEDULE 12OFCOM’s powers of entry, inspection and audit

Section 107

I141 I4041Authorised persons

1

OFCOM may authorise persons to—

a

exercise powers of entry and inspection under paragraph 2;

b

carry out audits in accordance with notices under paragraph 4;

c

apply for a warrant to be issued under paragraph 5, and execute such a warrant that has been issued.

2

“Authorised person” means—

a

in paragraph 2, a person authorised for the purposes mentioned in sub-paragraph (1)(a);

b

in paragraph 4, a person authorised for the purposes mentioned in sub-paragraph (1)(b);

c

in other paragraphs of this Schedule, a person authorised for the purposes mentioned in sub-paragraph (1)(c).

3

An authorisation under this paragraph must be in writing.

The power to observe the carrying on of the regulated service at the premises includes the power to view, using equipment or a device on the premises, information generated in real time by the performance of a test or demonstration required by a notice given under paragraph 3.

6

An authorised person may take copies of any document found or produced under sub-paragraph (4).

7

An authorised person may exercise powers conferred by this paragraph only so far as is required in connection with the exercise by OFCOM of their functions under this Act.

I190 I4063Notice requiring information, documents or tests at inspection

1

This paragraph applies where OFCOM intend to exercise the powers conferred by paragraph 2 to enter and inspect premises.

2

OFCOM may give the occupier of the premises a notice requiring relevant information to be provided, relevant documents to be produced, or a relevant test or demonstration to be performed, during the inspection.

3

Any such notice must be given at least seven days in advance of the proposed inspection date.

4

For the purposes of this paragraph, information or a document, test or demonstration is “relevant” if it is required in connection with the exercise by OFCOM of their functions under this Act.

5

A notice under this paragraph must—

a

specify or describe the information to be provided, the documents to be produced, or the test or demonstration to be performed, during the inspection, and

b

contain information about the consequences of not complying with the notice.

be varied by OFCOM so as to make it less onerous.

8

OFCOM may require a provider to pay some or all of the reasonable costs of an audit carried out in accordance with an audit notice.

9

If OFCOM require a provider to pay an amount as mentioned in sub-paragraph (8), paragraph 6 of Schedule 13 applies in relation to the amount as it applies in relation to a penalty within the meaning of that Schedule.

10

In this paragraph “specified” means specified in an audit notice.

I321 I4085Conditions for issue of a warrant

1

A justice of the peace or (in Northern Ireland) a lay magistrate may issue a warrant in relation to premises specified in an application only if satisfied on sworn information in writing given by an authorised person that—

a

the premises are being used by the provider of a regulated service in connection with the provision of a regulated service;

b

there are reasonable grounds to suspect that—

i

the provider is failing to comply, or has failed to comply, with an enforceable requirement that applies in respect of that service, and

ii

there is information or equipment on the premises, or there are documents on the premises, relevant to OFCOM’s investigation into that failure (or possible failure); and

c

any of the conditions in sub-paragraph (2) are met.

2

The conditions are that, in relation to the premises specified in the application for a warrant—

a

OFCOM have previously given notice to enter the premises, as required in relation to entry without a warrant under paragraph 2, but a person authorised by OFCOM to exercise powers under that paragraph was denied access,

b

a requirement imposed by a person acting in the exercise of powers conferred by paragraph 2 has not been complied with,

c

a requirement of a notice under paragraph 3 has not been complied with,

d

a requirement of a notice under paragraph 4 (audit notice) has not been complied with,

e

giving notice to enter the premises would defeat the object of entry, or

f

OFCOM require access to the premises urgently.

I153 I4096Evidence of authority

1

Before exercising a power of entry under a warrant, an authorised person must—

a

produce a copy of the warrant,

b

supply the occupier (if present), or any other person appearing to the authorised person to be in charge of the premises, with a copy of the warrant, and

c

if requested to do so—

i

produce evidence of the authorised person’s identity, and

ii

outline the purpose for which the power is exercised.

2

If neither the occupier nor any other person appearing to the authorised person to be in charge of the premises is present, the authorised person must leave a copy of the warrant in a prominent place on the premises.

I27 I4107Powers exercisable by warrant

An authorised person executing a warrant may do any of the following for the purposes of OFCOM’s investigation into whether there is, or has been, a failure referred to in paragraph 5(1)(b)(i)—

a

enter the premises specified in the warrant;

b

search the premises;

c

inspect any documents or equipment found on the premises, or any information capable of being viewed using equipment or a device on the premises;

d

require any person on the premises to provide information, including requiring an explanation of any document found on the premises or any information capable of being viewed using equipment or a device on the premises;

e

require any person on the premises to produce any document in the person’s possession or control;

f

take copies of any document found on the premises or produced in response to a requirement under paragraph (e);

g

require information which is stored in electronic form and may be accessed from the premises to be produced in a form in which it can be taken away and in which it is visible and legible (or from which it can readily be produced in a visible and legible form);

h

operate any equipment found on the premises for the purposes of producing such information in such a form;

i

require any person on the premises to give the authorised person any assistance that the authorised person may reasonably require (including for the purposes of paragraphs (g) and (h));

j

take copies of anything produced in accordance with paragraph (g);

k

seize any document found on the premises or produced in response to a requirement under paragraph (e), or anything produced in accordance with paragraph (g), or any equipment found on the premises;

l

open any container found on the premises;

m

take a photograph or video recording of anything found on the premises.

I1 I4118Powers of seizure: supplementary

1

This paragraph applies where the person executing a warrant seizes a document or other thing.

2

The person must, on request—

a

give a receipt for it, and

b

(in the case of a document) give an occupier of the premises a copy of it.

3

Sub-paragraph (2)(b) does not apply if the person executing the warrant considers that providing a copy would result in undue delay.

4

Anything seized may be retained for so long as is necessary in all the circumstances.

I38 I4129Further provision about executing warrants

Entry and search under a warrant must be at a reasonable hour, unless it appears to the person executing it that the purpose of a search would be frustrated or seriously prejudiced by entry at a reasonable hour.

I199 I41310

Entry and search under a warrant must be within the period of one month starting with the date of its issue.

I7 I41411

An authorised person executing a warrant may take such other persons and such equipment and materials onto the premises as appear to that person to be necessary.

I70 I41512

A person taken on to the premises under paragraph 11 may exercise any power conferred on an authorised person by paragraph 7 if the person is in the company and under the supervision of an authorised person executing a warrant.

I206 I41613

An authorised person may use reasonable force, if necessary, for the purpose of exercising a power under a warrant.

I152 I41714

A warrant authorises entry on one occasion only, unless it specifies that it authorises multiple entries.

I9 I41815

If the premises are unoccupied or the occupier is temporarily absent, an authorised person executing a warrant must leave the premises as effectively secured against trespassers as that person found them.

I221 I41916Return of warrants

1

Where a warrant is executed—

a

it must be returned to the appropriate person (see sub-paragraph (3)) after being executed, and

b

the person by whom it is executed must write on the warrant a statement of the powers that have been exercised under the warrant.

2

Where a warrant is not executed, it must be returned to the appropriate person within the time authorised for its execution.

3

a

on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

b

on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);

c

on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);

d

on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).

I86 I42219Interpretation

In this Schedule—

“domestic premises” means premises, or a part of premises, used as a dwelling;
“premises” means premises in the United Kingdom.

I77 I42320

References in this Schedule to a person “acting under this Schedule” are to a person acting—

a

in the exercise of powers conferred by paragraph 2 (entry and inspection without warrant), or

b

in the execution of a warrant,

and the reference in paragraph 18(1)(a) also includes a person carrying out an audit in accordance with an audit notice.

I178 I42421

In this Schedule “enforceable requirement” has the same meaning as in Chapter 6 of Part 7 (see section 131), except that—

a

it does not include—

i

a requirement under (or a requirement of a notice under) section 104 (reports by skilled persons), or

ii

a requirement imposed by a person acting under this Schedule;

b

it includes a requirement imposed by a notice under section 121(1) (notices to deal with terrorism content and CSEA content).

I43 I42522

In paragraphs 6 to 17 and 20 “warrant” means a warrant issued under paragraph 5.

I95 I42623

In the application of paragraph 5(1) to Scotland, the reference to sworn information in writing has effect as a reference to evidence on oath.

I142 I42724

In the application of paragraph 5(1) to Northern Ireland, the reference to sworn information in writing has effect as a reference to a complaint on oath.

SCHEDULE 13Penalties imposed by OFCOM under Chapter 6 of Part 7

Section 143

I138 I4281Meaning of “penalty” in this Schedule

Except as otherwise indicated, references in this Schedule to a “penalty” are to any of the following—

a

a penalty imposed by a confirmation decision (see sections 132(5)(b) and 137), whether that is—

i

a penalty of a single amount, or

ii

a penalty calculated by reference to a daily rate;

b

a penalty imposed by a penalty notice under section 139;

c

a penalty imposed by a penalty notice under section 140(5);

d

a penalty imposed by a penalty notice under section 141(6).

appropriate, and

b

proportionate to the failure (or failures) in respect of which it is imposed.

5

See also section 392 of the Communications Act (which requires OFCOM to produce guidelines about their determination of the amount of penalties that they impose).

I16 I4303Limitation to type and amount of penalties previously proposed

1

A confirmation decision or penalty notice may not impose a penalty of a different kind, of a greater amount or (in the case of a penalty calculated by reference to a daily rate) payable over a longer period than that proposed in the earlier notice in relation to the same matter.

2

Sub-paragraph (1) applies in a case where a provisional notice of contravention and confirmation decision in relation to the same matter are both given jointly (in accordance with Schedule 15) to the same entities, but does not otherwise apply in relation to a penalty for which two or more entities are jointly and severally liable.

3

In this paragraph “penalty notice” means a penalty notice under section 139, 140(5) or 141(6).

I203 I4314Maximum amount of penalties

1

Where a penalty is imposed on a person in respect of a regulated service provided by that person, the maximum amount of the penalty for which the person is liable is whichever is the greater of—

a

£18 million, and

b

10% of the person’s qualifying worldwide revenue for the person’s most recent complete accounting period (subject to sub-paragraph (5)).

2

But if the person does not have an accounting period, the maximum amount of the penalty for which the person is liable is £18 million.

3

The maximum amount of a penalty for which a person not within sub-paragraph (1) is liable is £18 million.

4

If the person’s first accounting period has not yet ended, sub-paragraph (1)(b) is to be read as referring to 10% of the amount that OFCOM estimate to be the person’s likely qualifying worldwide revenue for that period.

5

If the duration of the accounting period by reference to which an amount of qualifying worldwide revenue is calculated is less than a year, the amount mentioned in sub-paragraph (1)(b) is to be proportionately increased.

If the duration of that accounting period is more than a year, that amount is to be proportionately reduced.

6

The amount of a person’s qualifying worldwide revenue for an accounting period is, in the event of a disagreement between the person and OFCOM, the amount determined by OFCOM.

7

In the case of a confirmation decision that imposes a penalty of a single amount and a penalty calculated by reference to a daily rate, references in sub-paragraphs (1) to (3) to the maximum amount for which a person is liable are to the maximum amount of both those penalties taken together.

8

In this paragraph “accounting period”, in relation to a person, means a period in respect of which accounts are prepared in relation to that person or, where that person is an individual, in respect of that individual’s business of providing a regulated service.

9

Regulations made by OFCOM under section 85(1)(a) (including regulations making provision of a kind mentioned in section 85(3), (4) or (5)) apply for the purpose of determining the qualifying worldwide revenue of a provider of a regulated service for an accounting period as mentioned in this paragraph as they apply for the purpose of determining the qualifying worldwide revenue of a provider of a regulated service for a qualifying period for the purposes of Part 6.

for “that period” there were substituted “the accounting period of any of the entities (at OFCOM’s discretion)”.

6

Sub-paragraphs (5), (6) and (7) of paragraph 4 are to be read with the necessary modifications in their application for the purposes of this paragraph.

7

In this paragraph—

“accounting period”, in relation to an entity, means a period in respect of which accounts are prepared in relation to that entity;
“group undertaking” has the meaning given by section 1161(5) of the Companies Act 2006.

8

For the purposes of this paragraph, sections 1161(5) and 1162 of, and Schedule 7 to, the Companies Act 2006—

a

are to apply in relation to an entity which is not an undertaking (as defined in section 1161(1) of that Act) as they apply in relation to an undertaking, and

b

are to be read with any necessary modifications if applied to an entity formed under the law of a country outside the United Kingdom.

9

OFCOM may by regulations make provision about how the qualifying worldwide revenue of a group of entities is to be determined for the purposes of this paragraph.

10

Before making regulations under sub-paragraph (9) OFCOM must consult—

a

the Secretary of State,

b

the Treasury, and

c

such other persons as OFCOM consider appropriate.

11

Regulations under sub-paragraph (9) may make provision subject to such exemptions and exceptions as OFCOM consider appropriate.

I143 I4336Recovery of penalties

1

In England and Wales, a penalty is recoverable—

a

if the county court so orders, as if it were payable under an order of that court;

b

if the High Court so orders, as if it were payable under an order of that court.

2

In Scotland, a penalty may be enforced in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

3

In Northern Ireland, a penalty is recoverable—

a

if a county court so orders, as if it were payable under an order of that court;

b

if the High Court so orders, as if it were payable under an order of that court.

SCHEDULE 14Amendments consequential on offences in Part 10 of this Act

Section 191

PART 1Amendments consequential on offences in sections 179, 181 and 183

I97 I4821Football Spectators Act 1989

In Schedule 1 to the Football Spectators Act 1989 (football banning orders: relevant offences), after paragraph 1(y) insert—

z
any offence under section 179 (false communications) or 181 (threatening communications) of the Online Safety Act 2023—
i
which does not fall within paragraph (d), (e), (m), (n), (r) or (s),
ii
as respects which the court has stated that the offence is aggravated by hostility of any of the types mentioned in section 66(1) of the Sentencing Code (racial hostility etc), and
iii
as respects which the court makes a declaration that the offence related to a football match, to a football organisation or to a person whom the accused knew or believed to have a prescribed connection with a football organisation.

I254 I4832Sexual Offences Act 2003

In Schedule 5 to the Sexual Offences Act 2003, in the list of offences for England and Wales, after paragraph 63C insert—

63D
An offence under section 179 of the Online Safety Act 2023 (false communications).
63E
An offence under section 181 of that Act (threatening communications).

I193 I4843

In Schedule 5 to the Sexual Offences Act 2003, in the list of offences for Northern Ireland, after paragraph 171H insert—

171I
An offence under section 179 of the Online Safety Act 2023 (false communications).
171J
An offence under section 181 of that Act (threatening communications).

I151 I4854Regulatory Enforcement and Sanctions Act 2008

In Schedule 3 to the Regulatory Enforcement and Sanctions Act 2008 (relevant enactments for the purposes of relevant functions to which Parts 1 and 2 of that Act apply), at the appropriate place insert—

Online Safety Act 2023, sections 179 and 181

I117 I4865Elections Act 2022

In Schedule 9 to the Elections Act 2022 (offences for purposes of Part 5), in Part 2, after paragraph 52 insert—

52AOnline Safety Act 2023
An offence under any of the following provisions of the Online Safety Act 2023—
a
section 179 (false communications);
b
section 181 (threatening communications);
c
section 183 (sending or showing flashing images).

PART 2Amendments consequential on offence in section 184

I64 I4876Children and Young Persons Act 1933

In Schedule 1 to the Children and Young Persons Act 1933 (offences against children and young persons with respect to which special provisions of Act apply), after the entry relating to the Suicide Act 1961 insert—

An offence under section 184(1) of the Online Safety Act 2023 (encouraging or assisting serious self-harm) where the relevant act is an act capable of, and done with the intention of, encouraging or assisting the serious self-harm of a child or young person.

I76 I4887Visiting Forces Act 1952

1

The Schedule to the Visiting Forces Act 1952 (offences referred to in section 3) is amended as follows.

2

In paragraph 1(b), after paragraph (xv) insert—

xvi
section 184 of the Online Safety Act 2023;

3

In paragraph 2(b), after paragraph (iv) insert—

v
section 184 of the Online Safety Act 2023;

I263 I4898Children and Young Persons Act (Northern Ireland) 1968 (c. 34 (N.I.))

In Schedule 1 to the Children and Young Persons Act (Northern Ireland) 1968 (offences against children and young persons with respect to which special provisions of Act apply), after the entry relating to the Criminal Justice Act (Northern Ireland) 1966 insert—

An offence under section 184(1) of the Online Safety Act 2023 (encouraging or assisting serious self-harm) where the relevant act is an act capable of, and done with the intention of, encouraging or assisting the serious self-harm of a child or young person.

I80 I4909Criminal Attempts Act 1981

In section 1 of the Criminal Attempts Act 1981 (attempting to commit an offence), in subsection (4), after paragraph (c) insert—

d
an offence under section 184(1) of the Online Safety Act 2023 (encouraging or assisting serious self-harm).

I164 I49110Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I. 13))

In Article 3 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (attempting to commit an offence), in paragraph (4), after sub-paragraph (c) insert—

ca
an offence under section 184(1) of the Online Safety Act 2023 (encouraging or assisting serious self-harm);

I25 I49211Armed Forces Act 2006

In Schedule 2 to the Armed Forces Act 2006 (“Schedule 2 offences”), in paragraph 12, at the end insert—

ba
an offence under section 184 of the Online Safety Act 2023 (encouraging or assisting serious self-harm).

I29 I49312Serious Crime Act 2007

1

The Serious Crime Act 2007 is amended as follows.

2

In section 51A (exceptions to section 44 for encouraging or assisting suicide)—

a

the existing text becomes subsection (1);

b

after that subsection insert—

2
Section 44 does not apply to an offence under section 184(1) of the Online Safety Act 2023 (offence of encouraging or assisting serious self-harm).

c

in the heading, at the end insert “or serious self-harm”.

3

In Part 1 of Schedule 3 (listed offences: England and Wales and Northern Ireland), after paragraph 24A insert—

24BOnline Safety Act 2023
An offence under section 184(1) of the Online Safety Act 2023 (encouraging or assisting serious self-harm).

PART 3Amendments consequential on offences in sections 187 and 188

I234 I49413Children and Young Persons Act 1933

In Schedule 1 to the Children and Young Persons Act 1933 (offences against children and young persons with respect to which special provisions of Act apply), in the first entry relating to the Sexual Offences Act 2003, after “66” insert “, 66A, 66B”.

I229 I49514Police and Criminal Evidence Act 1984

In section 65A of the Police and Criminal Evidence Act 1984 (“qualifying offences” for the purposes of Part 5 of that Act), in subsection (2)(p) after “61 to” insert “66A, 66B(2) and (3),”.

I161 I49615Sexual Offences (Amendment) Act 1992

In section 6 of the Sexual Offences (Amendment) Act 1992 (interpretation), after subsection (2A) insert—

2B
For the purposes of this Act, where it is alleged or there is an accusation that an offence under section 66B (4) of the Sexual Offences Act 2003 (threatening to share intimate photograph or film) has been committed, the person against whom the offence is alleged to have been committed is to be regarded as—
a
the person to whom the threat mentioned in that subsection is alleged to have been made, and
b
(if different) the person shown, or who appears to be shown, in an intimate state in the photograph or film that is the subject of the threat.

I18 I49716Sexual Offences Act 2003

1

The Sexual Offences Act 2003 is amended as follows.

2

In section 78 (meaning of “sexual”), after “15A” insert “, 66B to 66D”.

3

In section 136A(3A) (specified child sex offences), in paragraph (c), after “66” insert “, 66A, 66B(2) and (3)”.

4

In Schedule 3 (sexual offences for purposes of Part 2), after paragraph 33 insert—

33A
An offence under section 66A of this Act (sending etc photograph or film of genitals) if—
a
where the offender was under 18, the offender is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
b
in any other case—
i
the victim was under 18, or
ii
the offender, in respect of the offence or finding, is or has been—
a
sentenced to a term of imprisonment,
b
detained in a hospital, or
c
made the subject of a community sentence of at least 12 months.
33B
An offence under section 66B (3) of this Act (sharing intimate photograph or film for purpose of obtaining sexual gratification) if—
a
where the offender was under 18, the offender is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months;
b
in any other case—
i
the victim was under 18, or
ii
the offender, in respect of the offence or finding, is or has been—
a
sentenced to a term of imprisonment,
b
detained in a hospital, or
c
made the subject of a community sentence of at least 12 months.

I144 I49817Criminal Justice Act 2003

1

The Criminal Justice Act 2003 is amended as follows.

2

In Part 2 of Schedule 15 (specified sexual offences for purposes of section 325), after paragraph 149 insert—

149A
An offence under section 66A of that Act (sending etc photograph or film of genitals).
149B
An offence under section 66B(2) or (3) of that Act (sharing intimate photograph or film with intent to cause alarm, distress or humiliation or for purpose of obtaining sexual gratification).

3

In Schedule 34A (child sex offences for purposes of section 327A), in paragraph 10—

a

after “66” insert “, 66A, 66B(2) or (3)”, and

b

after “exposure” insert “, sending etc photograph or film of genitals, sharing intimate photograph or film with intent to cause alarm, distress or humiliation or for purpose of obtaining sexual gratification”.

I54 I49918Anti-social Behaviour, Crime and Policing Act 2014

In section 116 of the Anti-social Behaviour, Crime and Policing Act 2014 (information about guests at hotels believed to be used for child sexual exploitation), in subsection (8)(c), in the entry that relates to exposure and voyeurism offences in the Sexual Offences Act 2003—

a

after “66” insert “, 66A, 66B(2) and (3)”, and

b

I184 I50019Modern Slavery Act 2015

In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in section 45 does not apply), in paragraph 33 (offences under Sexual Offences Act 2003), after the entry for section 66 insert—

section 66A (sending etc photograph or film of genitals)
section 66B (2) (sharing intimate photograph or film with intent to cause alarm, distress or humiliation)
section 66B(3) (sharing intimate photograph or film for purpose of obtaining sexual gratification)

I36 I50120Sentencing Act 2020

In Part 2 of Schedule 18 to the Sentencing Act 2020 (specified sexual offences for purposes of section 306), in paragraph 38 (offences under Sexual Offences Act 2003), after sub-paragraph (ax) insert—

axa
section 66A (sending etc photograph or film of genitals);
axb
section 66B (2) (sharing intimate photograph or film with intent to cause alarm, distress or humiliation);
axc
section 66B (3) (sharing intimate photograph or film for purpose of obtaining sexual gratification);

I169 I50221Elections Act 2022

In Schedule 9 to the Elections Act 2022 (offences for purposes of Part 5), after paragraph 47(f) insert—

g
section 66A (sending etc photograph or film of genitals).

PART 4Amendments consequential on section 190

I181 I50322Criminal Justice and Courts Act 2015

1

The Criminal Justice and Courts Act 2015 is amended as follows.

2

In section 96 (extent), in subsection (6), omit paragraphs (c) and (g).

3

Omit Schedule 8 (disclosing or threatening to disclose private sexual photographs or films: providers of information society services).

I8 I50423Domestic Abuse Act 2021

1

The Domestic Abuse Act 2021 is amended as follows.

2

Omit section 69 (threats to disclose private sexual photographs and films with intent to cause distress) and the italic heading before it.

3

In section 85 (power to make consequential provision), in subsection (1)(b), omit “69,”.

4

In section 86 (power to make transitional or saving provision), in subsection (1)(b), omit “69,”.

I202 I50524Overseas Operations (Service Personnel and Veterans) Act 2021

In Part 1 of Schedule 1 to the Overseas Operations (Service Personnel and Veterans) Act 2021 (“excluded offences” for the purposes of section 6 of that Act), omit paragraph 11.

I195 I50625Criminal Justice (Electronic Commerce) (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/835)

In the Criminal Justice (Electronic Commerce) (Amendment) (EU Exit) Regulations 2021, omit regulation 8 (amendment of the Criminal Justice and Courts Act 2015).

SCHEDULE 15Liability of parent entities etc

Section 197

jointly to E and to the individual or individuals who control E.

6

If a provisional notice of contravention is given jointly as mentioned in sub-paragraph (2)(b), (3)(b), (4)(b) or (5)(b), section 130(8) is to be read, in its application for the purposes of this paragraph, as if it included a reference to representations about whether joint and several liability would be appropriate.

See also paragraph 5 of Schedule 13 (maximum amount of penalties: group of entities).

a relevant decision or notice may be given to a subsidiary entity only if that entity’s acts or omissions contributed to the failure in respect of which the decision or notice is given.

4

5

See also paragraph 5 of Schedule 13 (maximum amount of penalties: group of entities).

whether joint and several liability would be appropriate; and

b

a relevant decision or notice may be given to a fellow subsidiary entity only if that entity’s acts or omissions contributed to the failure in respect of which the decision or notice is given.

4

5

See also paragraph 5 of Schedule 13 (maximum amount of penalties: group of entities).

If a relevant decision or notice is given jointly to E and to an individual or individuals as mentioned in sub-paragraph (2)(b), that entity and that individual or those individuals are jointly and severally liable to comply with the requirements, or (as the case may be) pay the penalty, imposed by the decision or notice.

I177 I4396OFCOM’s guidance

OFCOM’s guidance under section 151 must include information about the factors that OFCOM would consider it appropriate to take into account when considering whether to give a decision or notice jointly as mentioned in this Schedule.

Interpretation

I298 I4407

In this Schedule—

“the Companies Act” means the Companies Act 2006;
“fellow subsidiary undertaking” has the meaning given by section 1161(4) of the Companies Act;
“parent undertaking” and “subsidiary undertaking” are to be read in accordance with section 1162 of the Companies Act;
“penalty notice” means a penalty notice under section 139, 140(5) or 141(6);
“relevant decision or notice” means—
1. a
  a confirmation decision that includes requirements of a kind described in section 133(1) or imposes a penalty as mentioned in section 137 (or both), or
2. b
  a penalty notice.

I165 I4418

In its application for the purposes of this Schedule, paragraph 4 of Schedule 7 to the Companies Act is to be read as if the reference to operating and financial policies were to policies relating to compliance with the regulatory requirements imposed by this Act.

I107 I4429

For the purposes of this Schedule, sections 1161(4) and 1162 of, and Schedule 7 to, the Companies Act—

a

are to apply in relation to an entity which is not an undertaking (as defined in section 1161(1) of that Act) as they apply in relation to an undertaking, and

b

are to be read with any necessary modifications if applied to an entity formed under the law of a country outside the United Kingdom.

SCHEDULE 16Amendments of Part 4B of the Communications Act

Section 209

I297 I4431

Part 4B of the Communications Act (video-sharing platform services) is amended in accordance with this Schedule.

I266 I4442

In section 368U (maintenance of list of providers)—

a

omit subsection (2);

b

for subsection (3) substitute—

3
OFCOM must publish the up to date list on a publicly accessible part of their website.

I283 I4453

In section 368V(4) (meaning of “significant differences”), for the words from “the determination of jurisdiction” to the end substitute “whether or not the person has the required connection with the United Kingdom under section 368S(2)(d)”.

I93 I4464

In section 368Y(2)(d) (information to be provided by providers of video-sharing platform services), for the words from “under the jurisdiction” to the end substitute “subject to regulation under this Part in respect of the video-sharing platform service that P provides”.

I175 I4475

In section 368Z1(3) (duty to take appropriate measures), for the words from “of the description” to the end substitute “to monitor the information which they transmit or store, or actively to seek to discover facts or circumstances indicating illegal activity”.

I188 I4486

In section 368Z10(3)(a) (power to demand information), for the words from “falls under” to the end substitute “has the required connection with the United Kingdom under section 368S(2)(d)”.

I244 I4497

For section 368Z12 (co-operation with member States and the European Commission) substitute—

368Z12Co-operation with EEA States
OFCOM may co-operate with EEA states which are subject to the Audiovisual Media Services Directive, and with the national regulatory authorities of such EEA states, for the following purposes—
a
facilitating the carrying out by OFCOM of any of their functions under this Part; or
b
facilitating the carrying out by the national regulatory authorities of the EEA states of any of their functions in relation to video-sharing platform services under that Directive as it has effect in EU law as amended from time to time.

SCHEDULE 17Video-sharing platform services: transitional provision etc

Section 211

PART 1Interpretation

I119 I4501

1

In this Schedule, “pre-existing Part 4B service” means—

a

an internet service which—

i

is a video-sharing platform service by reason of the conditions in section 368S(1) and (2) of the Communications Act being met in relation to the service as a whole, and

ii

was being provided immediately before this Schedule comes into force; or

b

a dissociable section of an internet service, where that dissociable section—

i

is a video-sharing platform service by reason of the conditions in section 368S(1)(a) and (2) of the Communications Act being met in relation to that dissociable section, and

ii

was being provided immediately before this Schedule comes into force.

2

In sub-paragraph (1), any reference to a service provided before this Schedule comes into force includes a reference to a service provided in breach of the requirement in section 368V of the Communications Act.

I33 I4512

In this Schedule—

“the relevant day”, in relation to a pre-existing Part 4B service or to a service which includes a pre-existing Part 4B service, means—
1. a
  the date when section 210 comes into force (repeal of Part 4B of the Communications Act), or
2. b
  if the pre-existing Part 4B service ceases to be a video-sharing platform service before the date mentioned in paragraph (a), the date when that service ceases to be a video-sharing platform service;
“safety duties” means the duties mentioned in section 7(2), (4) and (5), except the duties set out in—
1. a
  section 9 (illegal content risk assessments),
2. b
  section 11 (children’s risk assessments),
3. c
  section 14 (assessments related to the adult user empowerment duty set out in section 15(2)), and
4. d
  section 23(2), (9) and (10) (records of assessments);
“the transitional period”, in relation to a pre-existing Part 4B service or to a service which includes a pre-existing Part 4B service, means the period—
1. a
  beginning with the date when this Schedule comes into force, and
2. b
  ending with the relevant day;
“video-sharing platform service” has the same meaning as in Part 4B of the Communications Act (see section 368S of that Act).

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.

During the transitional period, no duty or requirement mentioned in paragraph 3(4) applies in relation to the Part 4B part of the service (but that is not to be taken to prevent any other duty or requirement under this Act from applying in relation to the search engine of the service during the transitional period).

3

During the transitional period, the powers mentioned in paragraph 3(5) are to be treated as applying only in relation to the search engine of the service.

I176 I4578Regulated user-to-user services with a Part 4B part but no other user-to-user part or search engine

1

This paragraph applies in relation to a regulated user-to-user service described in paragraph 5(2) if the service does not fall within paragraph 6 or 7.

2

The duties, requirements and powers mentioned in paragraph 3(4) and (5) do not apply in relation to the regulated service during the transitional period.

I191 I4589Assessments of pre-existing Part 4B services or of services which include a pre-existing Part 4B service

See Part 3 of Schedule 3 for provision about—

a

the timing of certain assessments of pre-existing Part 4B services, and

b

modifications of Parts 1 and 2 of that Schedule in connection with certain assessments of services which include a pre-existing Part 4B service within the definition in paragraph (b) of paragraph 1(1).

I314 I45910Operation of section 368U of the Communications Act

During the transitional period, section 368U of the Communications Act has effect as a requirement to establish and maintain an up to date list of persons providing a video-sharing platform service to which Part 4B applies.

Video-sharing platform services which start up, or start up again, during the transitional period

I292 I46011

Part 4B of the Communications Act does not apply in relation to a video-sharing platform service which is first provided on or after the date when this Schedule comes into force.

I68 I46112

2

Section 83, which makes provision about the notification of OFCOM in relation to a charging year, applies to the provider in relation to every charging year, regardless of whether any part, or all, of a charging year falls within the transitional period.

I288 I46617

1

This paragraph applies in relation to a person who is the provider of a relevant regulated service, unless the person is an exempt provider (see paragraph 24).

2

Sub-paragraph (3) applies in relation to the provider if—

a

the provider is required by section 83 to give details to OFCOM of the provider’s qualifying worldwide revenue for the qualifying period that relates to a charging year,

b

the provider gives such details in relation to that charging year at a time within the transitional period, and

c

no regulations under section 240(1) have been made before that time specifying that section 210 is to come into force on or before the first day of that charging year.

3

The provider’s notification under section 83 about qualifying worldwide revenue must include a breakdown indicating the amounts which are wholly referable to a relevant Part 4B service (if any).

Application of section 84: transitional charging year

I56 I46718

If a person who is the provider of a relevant regulated service is an exempt provider, section 84 and Schedule 10 do not apply in relation to the provider in respect of a transitional charging year (see paragraph 23).

I246 I46819

1

If a person who is the provider of a relevant regulated service is not an exempt provider, section 84 and Schedule 10 apply in relation to the provider in respect of a transitional charging year.

2

But sub-paragraphs (3) and (4) apply in relation to the provider in respect of a transitional charging year if the provider’s notification under section 83 in relation to that charging year has included details of amounts wholly referable to a relevant Part 4B service (as mentioned in paragraph 17(3)).

3

For the purposes of the computation of the provider’s fee under section 84 in respect of the transitional charging year, references in that section to the provider’s qualifying worldwide revenue are to be taken to be references to the provider’s non-Part 4B qualifying worldwide revenue.

4

OFCOM may not require the provider to pay a fee under section 84 in respect of the transitional charging year if the provider’s non-Part 4B qualifying worldwide revenue for the qualifying period that relates to that charging year is less than the threshold figure that has effect for that charging year.

5

The amount of a provider’s “non-Part 4B qualifying worldwide revenue” is the amount that would be the provider’s qualifying worldwide revenue (see section 85) if all amounts wholly referable to a relevant Part 4B service were left out of account.

I92 I46920Application of section 84: non-transitional charging year

1

Sub-paragraph (2) applies in relation to a person who is the provider of a relevant regulated service, whether or not the person is the provider of any other regulated service.

2

Section 84 and Schedule 10 apply without modification in relation to the provider in respect of a non-transitional charging year (even if the notification date in relation to such a charging year fell within the transitional period).

I11 I47021Amounts wholly referable to relevant Part 4B service

1

For the purposes of this Part, OFCOM may produce a statement giving information about the circumstances in which amounts do, or do not, count as being wholly referable to a relevant Part 4B service.

2

If OFCOM produce such a statement, they must publish it (and any revised or replacement statement).

Interpretation of this Part

I299 I47122

In this Part—

“non-transitional charging year” means a charging year which is not a transitional charging year;
“notification date”, in relation to a charging year, means the latest date by which a notification under section 83 relating to that charging year is required to be given (see section 83(5));
“relevant Part 4B service” means—
1. a
  a regulated user-to-user service described in paragraph 15(a), or
2. b
  a pre-existing Part 4B service included in a regulated user-to-user service described in paragraph 15(b).

I217 I47223

For the purposes of this Part a charging year is a “transitional charging year” if—

a

the notification date in relation to that charging year fell within the transitional period, and

b

no regulations under section 240(1) were made before the notification date specifying that section 210 was to come into force on or before the first day of that charging year.

I158 I47324

1

In this Part “exempt provider” means a person within sub-paragraph (2) or (3).

2

A person is within this sub-paragraph if the person is the provider of only one regulated service, and that service is—

a

a regulated user-to-user service which is a pre-existing Part 4B service within the definition in paragraph (a) of paragraph 1(1), or

b

a regulated user-to-user service which—

i

includes a pre-existing Part 4B service within the definition in paragraph (b) of paragraph 1(1), and

ii

does not fall within paragraph 6 or 7.

3

A person is within this sub-paragraph if the person is the provider of more than one regulated service, if each regulated service is of a kind described in sub-paragraph (2).

I112 I47425

In this Part the following terms have the same meaning as in Part 6 of this Act—

“charging year”;
“qualifying period”;
“threshold figure”.

PART 4After the end of the transitional period

Interpretation of this Part

I216 I47526

In this Part of this Schedule—

a

“the repeal time” means the time when section 210 of this Act comes into force (repeal of Part 4B of the Communications Act);

b

(except in paragraph (a)) references to sections are to sections of the Communications Act.

I245 I47627

For the purposes of this Part an investigation relating to a person begins when OFCOM notify the person to that effect.

I108 I47728OFCOM as appropriate regulatory authority

The repeal of section 368T does not affect OFCOM’s powers to act after the repeal time as the appropriate regulatory authority under Part 4B of the Communications Act as it has effect by virtue of this Part of this Schedule.

I183 I47829Duties of service providers to co-operate with investigations

The repeal of section 368Y(3)(c) (duty to co-operate) does not affect the application of that provision after the repeal time in relation to—

a

an investigation as mentioned in section 368Z10(3)(f) begun before that time, or

b

any demand for information for the purpose mentioned in section 368Z10(3)(i) resulting from such an investigation.

references to sections 368Z2 and 368Z4 include references to those sections as modified by section 368Z10.

began, before that time, to investigate whether they may have grounds to make such a determination.

I87 I48132Suspension or restriction of service for contraventions or failures

1

The repeal of section 368Z5 (suspension or restriction of service for contraventions or failures) does not affect the application of that section after the repeal time in a case in which OFCOM—

a

made a determination as mentioned in section 368W(1), 368Z2(1) or 368Z3(1) before that time, or

b

made such a determination after that time following an investigation begun before that time.

2

The repeal of section 368Z5 does not affect the application of that section (as modified by section 368Z10) after the repeal time in a case in which—

a

OFCOM are satisfied that a person failed to comply with a requirement under section 368Z10 imposed before that time, or

b

OFCOM are satisfied that a person failed to comply with a requirement imposed after that time under section 368Z10 as it has effect in a case mentioned in paragraph 30(1).

3

The repeal of sections 368Z7 (directions under sections 368Z5 and 368Z6) and 368Z8 (offence relating to such directions) does not affect the application of those sections after the repeal time in connection with a direction given under section 368Z5 as it has effect by virtue of this paragraph.