PART 11Supplementary and general
Other powers to amend Act
I1222Powers to amend Schedules 5, 6 and 7
1
The Secretary of State may by regulations amend—
a
Schedule 5 (terrorism offences);
b
Part 1 of Schedule 6 (child sexual exploitation and abuse offences).
2
The Scottish Ministers may by regulations amend Part 2 of Schedule 6.
3
The Secretary of State may by regulations amend Schedule 7 (priority offences).
But an offence may be added to that Schedule only on the grounds in subsection (4) or (5), and subsection (6) limits the power to add an offence.
4
The first ground for adding an offence to Schedule 7 is that the Secretary of State considers it appropriate to do so because of—
a
the prevalence on regulated user-to-user services of regulated user-generated content that amounts to that offence, or the prevalence on regulated search services and combined services of search content that amounts to that offence,
b
the risk of harm to individuals in the United Kingdom presented by regulated user-generated content or search content that amounts to that offence, and
c
the severity of that harm.
5
The second ground for adding an offence to Schedule 7 is that the Secretary of State considers it appropriate to do so because of—
a
the prevalence of the use of regulated user-to-user services for the commission or facilitation of that offence,
b
the risk of harm to individuals in the United Kingdom presented by the use of such services for the commission or facilitation of that offence, and
c
the severity of that harm.
6
An offence may not be added to Schedule 7 if—
a
the offence concerns—
i
the infringement of intellectual property rights,
ii
the safety or quality of goods (as opposed to what kind of goods they are), or
iii
the performance of a service by a person not qualified to perform it; or
b
it is an offence under the Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277).
7
The Secretary of State must consult the Scottish Ministers before making regulations under subsection (3) which—
a
add an offence that extends only to Scotland, or
b
amend or remove an entry specifying an offence that extends only to Scotland.
8
The Secretary of State must consult the Department of Justice in Northern Ireland before making regulations under subsection (3) which—
a
add an offence that extends only to Northern Ireland, or
b
amend or remove an entry specifying an offence that extends only to Northern Ireland.
9
In this section—
a
“regulated user-generated content” has the same meaning as in Part 3 (see section 55);
b
“search content” has the same meaning as in Part 3 (see section 57);
c
references to content that amounts to an offence are to be construed in accordance with section 59 (see subsections (3), (11) and (12) of that section).