Legislation – Online Safety Act 2023

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PART 3Providers of regulated user-to-user services and regulated search services: duties of care

CHAPTER 6Codes of practice and guidance

Codes of practice

43Procedure for issuing codes of practice

(1)

Where OFCOM have prepared a draft of a code of practice under section 41, they must submit the draft to the Secretary of State.

(2)

Unless the Secretary of State intends to give a direction to OFCOM under section 44(1), (2) or (3) in relation to the draft, the Secretary of State must, as soon as reasonably practicable, lay the draft before Parliament.

(3)

If, within the 40-day period, either House of Parliament resolves not to approve the draft—

(a)

OFCOM must not issue the code of practice in the form of that draft, and

(b)

OFCOM must prepare another draft of the code of practice under section 41.

(4)

If no such resolution is made within that period—

(a)

OFCOM must issue the code of practice in the form of the draft laid before Parliament, and

(b)

the code of practice comes into force at the end of the period of 21 days beginning with the day on which it is issued.

(5)

“The 40-day period” is the period of 40 days beginning with the day on which the draft is laid before Parliament (or, if it is not laid before each House of Parliament on the same day, the later of the days on which it is laid).

(6)

In calculating the 40-day period, no account is to be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days.

(7)

Subsections (1) to (6) apply in relation to a draft of amendments of a code of practice prepared under section 41 as they apply in relation to a draft of a code of practice prepared under that section.

(8)

This section is subject to section 48 (minor amendments of codes of practice).

(9)

Subsection (11) applies to—

(a)

a draft of the first code of practice prepared under section 41(1) (terrorism code of practice);

(b)

a draft of the first code of practice prepared under section 41(2) (CSEA code of practice);

(c)

a draft of the first code of practice prepared under section 41(3) relating to a duty set out in section 10 or 27 (illegal content);

(d)

a draft of the first code of practice prepared under section 41(3) relating to a duty set out in section 12 or 29 (children’s online safety);

(e)

a draft of the first code of practice prepared under section 41(3) relating to a duty set out in section 20 or 31 (content reporting);

(f)

a draft of the first code of practice prepared under section 41(3) relating to—

(i)

a duty set out in section 21 (complaints procedures) that concerns complaints of a kind mentioned in subsection (4) or (5) of that section, or

(ii)

a duty set out in section 32 (complaints procedures).

(10)

For the purposes of paragraphs (c) to (f) of subsection (9) a draft of a code of practice is a draft of the first code of practice relating to a duty if—

(a)

it describes measures recommended for the purpose of compliance with the duty, and

(b)

it is a draft of the first code of practice prepared under section 41(3) that describes measures for that purpose.

(11)

OFCOM must submit a draft to which this subsection applies to the Secretary of State under subsection (1) within the period of 18 months beginning with the day on which this Act is passed.

(12)

If OFCOM consider that it is necessary to extend the period mentioned in subsection (11) in relation to a draft mentioned in any of paragraphs (a) to (f) of subsection (9), OFCOM may extend the period in relation to that draft by up to 12 months by making and publishing a statement.

But this is subject to subsection (15).

(13)

A statement under subsection (12) must set out—

(a)

the reasons why OFCOM consider that it is necessary to extend the period mentioned in subsection (11) in relation to the draft concerned, and

(b)

the period of extension.

(14)

A statement under subsection (12) may be published at the same time as (or incorporate) a statement under section 194(3) (extension of time to prepare certain guidance).

(15)

But a statement under subsection (12) may not be made in relation to a draft mentioned in a particular paragraph of subsection (9) if—

(a)

a statement has previously been made under subsection (12) (whether in relation to a draft mentioned in the same or a different paragraph of subsection (9)), or

(b)

a statement has previously been made under section 194(3).