Legislation – Online Safety Act 2023
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There are currently no known outstanding effects for the Online Safety Act 2023, Section 135.
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PART 7OFCOM’s powers and duties in relation to regulated services
CHAPTER 6Enforcement powers
Provisional notices and confirmation decisions
135Confirmation decisions: children’s access assessments
(1)
This section applies if OFCOM are satisfied that a provider of a Part 3 service has failed to comply with a duty set out in section 36 (duties about children’s access assessments).
(2)
If OFCOM include in a confirmation decision a requirement to take steps relating to the carrying out of a children’s access assessment of a service, they must require that assessment to be completed within three months of the date of the confirmation decision.
(3)
OFCOM may vary a confirmation decision which includes a requirement as mentioned in subsection (2) to extend the deadline for completion of a children’s access assessment.
(4)
Subsection (5) applies if, based on evidence that OFCOM have about a service resulting from their investigation into compliance with a duty set out in section 36, OFCOM consider that—
(a)
it is possible for children to access the service or a part of it, and
(b)
the child user condition is met in relation to—
(i)
the service, or
(ii)
a part of the service that it is possible for children to access.
(5)
OFCOM may include in the confirmation decision given to the provider of the service—
(a)
a determination that the duties set out in sections 11 and 12, or (as the case may be) sections 28 and 29, must be complied with—
(i)
from the date of the confirmation decision, or
(ii)
from a later date specified in that decision;
(b)
provision about the circumstances in which that determination may be treated as no longer applying in relation to the service.
(6)
Subsection (4) is to be interpreted consistently with section 35.
(7)
In this section, “children’s access assessment” has the meaning given by section 35.