Online Safety Act 2023

126 Review and further notice under section 121(1) U.K.

(1) This section applies where OFCOM have given a provider of a Part 3 service a notice under section 121(1).

(2) The power conferred by section 125(11) includes power to revoke the notice if there are reasonable grounds for believing that the provider is failing to comply with it.

(3) If a notice is revoked as mentioned in subsection (2), OFCOM may give the provider a further notice under section 121(1) if they consider that it is necessary and proportionate to do so (taking into account the matters mentioned in section 124).

(4) Except where a notice under section 121(1) is revoked as mentioned in subsection (2), OFCOM must carry out a review of the provider’s compliance with the notice—

(a) in the case of a notice requiring the use of accredited technology, before the end of the period for which the notice has effect;

(b) in the case of a notice relating to the development or sourcing of technology, before the last date by which any step specified in the notice is required to be taken.

(5) In the case of a notice requiring the use of accredited technology, the review must consider—

(a) the extent to which the technology specified in the notice has been used, and

(b) the effectiveness of its use.

(6) Following the review, and after consultation with the provider, OFCOM may give the provider a further notice under section 121(1) if they consider that it is necessary and proportionate to do so (taking into account the matters mentioned in section 124).

(7) If a further notice under section 121(1) is given, subsections (3) to (6) apply again.

(8) A further notice under section 121(1) may impose different requirements from an earlier notice under that provision.

(9) Sections 122 (skilled person’s report) and 123 (warning notices) do not apply in relation to a further notice under section 121(1).

Commencement Information

I1 S. 126 not in force at Royal Assent, see s. 240(1)

I2 S. 126 in force at 10.1.2024 by S.I. 2023/1420, reg. 2(z16)