- Latest available (Revised)
- Point in Time (31/01/2024)
- Original (As enacted)
Point in time view as at 31/01/2024.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Online Safety Act 2023. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)OFCOM may apply to the court for an order under this section (an “access restriction order”) in relation to a regulated service where they consider that—
(a)the grounds in section 144(3) or (4) apply in relation to the service, and
(b)either—
(i)a service restriction order under section 144 or an interim service restriction order under section 145 has been made in relation to the failure, and it was not sufficient to prevent significant harm arising to individuals in the United Kingdom as a result of the failure, or
(ii)the likely consequences of the failure are such that if a service restriction order or an interim service restriction order were to be made, it would be unlikely to be sufficient to prevent significant harm arising to individuals in the United Kingdom as a result of the failure,
and in this paragraph, “the failure” means the failure mentioned in section 144(3)(a) or (4)(a) (as the case may be).
(2)An access restriction order is an order imposing requirements on one or more persons who provide an access facility (whether from within or outside the United Kingdom) in relation to a regulated service (see subsection (10)).
(3)An application by OFCOM for an access restriction order must—
(a)specify the regulated service in relation to which the application is made (“the relevant service”),
(b)specify the provider of that service (“the non-compliant provider”),
(c)specify the grounds on which the application is based, and contain evidence about those grounds,
(d)specify the persons on whom (in OFCOM’s opinion) the requirements of the order should be imposed,
(e)contain evidence as to why OFCOM consider that the persons mentioned in paragraph (d) provide an access facility in relation to the relevant service, and specify any such access facility provided,
(f)specify the requirements which OFCOM consider that the order should impose on such persons, and
(g)in the case of an application made without notice having been given to the non-compliant provider, or to the persons mentioned in paragraph (d), state why no notice has been given.
(4)The court may make an access restriction order imposing requirements on a person in relation to the relevant service if the court is satisfied—
(a)as to the grounds in subsection (1),
(b)that the person provides an access facility in relation to the relevant service,
(c)that it is appropriate to make the order for the purpose of preventing significant harm to individuals in the United Kingdom, and the order is proportionate to the risk of such harm,
(d)in the case of an application made on the ground in subsection (3)(c)(iii) or (iv) of section 144 (by virtue of subsection (1)(a)), that it is appropriate to make the order before a provisional notice of contravention or confirmation decision has been given, or before compliance with requirements imposed by a confirmation decision has been ascertained (as the case may be), and
(e)if no notice of the application has been given to the non-compliant provider, or to the persons on whom requirements are being imposed, that it is appropriate to make the order without notice.
(5)When considering whether to make an access restriction order in relation to the relevant service, and when considering what provision it should contain, the court must take into account (among other things) the rights and obligations of all relevant parties, including those of—
(a)the non-compliant provider,
(b)the person or persons on whom the court is considering imposing the requirements, and
(c)United Kingdom users of the relevant service.
(6)An access restriction order made in relation to the relevant service must—
(a)identify the non-compliant provider,
(b)identify the persons on whom the requirements are imposed, and any access facility to which the requirements relate,
(c)require such persons to take the steps specified in the order, or to put in place arrangements, to withdraw, adapt or manipulate the access facility in order to impede users’ access (by means of that facility) to the relevant service (or to part of it),
(d)specify the date by which the requirements in the order must be complied with, and
(e)specify the date on which the order expires, or the period for which the order has effect.
(7)The steps that may be specified or arrangements that may be required to be put in place—
(a)include steps or arrangements that will or may require the termination of an agreement (whether or not made before the coming into force of this section), or the prohibition of the performance of such an agreement,
(b)are limited, so far as that is possible, to steps or arrangements that impede the access of United Kingdom users, and
(c)are limited, so far as that is possible, to steps or arrangements that do not affect such users’ ability to access any other internet services.
(8)OFCOM must inform the Secretary of State as soon as reasonably practicable after an access restriction order has been made.
(9)Where a person who provides an access facility takes steps or puts in place arrangements required by an access restriction order, OFCOM may, by notice, require that person to (where possible) notify persons in the United Kingdom who attempt to access the relevant service via that facility of the access restriction order (and where a confirmation decision has been given to the non-compliant provider, the notification must refer to that decision).
(10)For the purposes of this section, a facility is an “access facility” in relation to a regulated service if the person who provides the facility is able to withdraw, adapt or manipulate it in such a way as to impede access (by means of that facility) to the regulated service (or to part of it) by United Kingdom users of that service.
(11)Examples of access facilities include—
(a)internet access services by means of which a regulated service is made available, and
(b)app stores through which a mobile app for a regulated service may be downloaded or otherwise accessed.
(12)In this section—
“the court” means—
in England and Wales, the High Court or the county court,
in Scotland, the Court of Session or a sheriff, and
in Northern Ireland, the High Court or a county court;
“facility” means any kind of service, infrastructure or apparatus enabling users of a regulated service to access the regulated service;
“internet access service” means a service that provides access to virtually all (or just some) of the end points of the internet.
Commencement Information
I1S. 146 not in force at Royal Assent, see s. 240(1)
I2S. 146 in force at 10.1.2024 by S.I. 2023/1420, reg. 2(z17)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: