UK Parliament / Open data

Online Safety Bill

Moved by

Lord Parkinson of Whitley Bay

103: Schedule 3, page 195, line 34, at end insert—

“5A (1) In this paragraph “the relevant day”, in relation to a regulated user-to- user service, means—

(a) the first day on which the service is a Category 1 service, or

(b) the first day on which the service again becomes a Category 1 service (following a period during which the service was not a Category 1 service).

(2) If, on the relevant day, section 12(2) guidance is available, a section 12(2) assessment of the service must be completed within the period of three months beginning with that day.

(3) Sub-paragraph (4) applies if—

(a) on the relevant day, the first section 12(2) guidance has not yet been published, and

(b) immediately before the publication of that guidance, the service is still a Category 1 service.

(4) The first section 12(2) assessment of the service must be completed within the period of three months beginning with the day on which the first section 12(2) guidance is published.”

Member’s explanatory statement

This amendment and the rest of the amendments of Schedule 3 in my name provide for the timing of the first assessments under the new Clause proposed after Clause 11 in my name.

104: Schedule 3, page 196, line 36, leave out “and 12” and insert “to 12A”

Member’s explanatory statement

See the explanatory statement for the first amendment to Schedule 3 in the Minister’s name.

105: Schedule 3, page 196, line 43, at end insert—

“(2A) If the effect of paragraph 5A is that the period within which the first section 12(2) assessment of the service must be completed begins on a day before the assessment start day, the time for carrying out that assessment is extended as set out in paragraph 12A.”

Member’s explanatory statement

See the explanatory statement for the first amendment to Schedule 3 in the Minister’s name.

106: Schedule 3, page 196, line 44, leave out “and 12” and insert “to 12A”

Member’s explanatory statement

See the explanatory statement for the first amendment to Schedule 3 in the Minister’s name.

107: Schedule 3, page 197, line 14, at end insert—

“12A (1) If section 12(2) guidance is available on the assessment start day, the first section 12(2) assessment of the service must be completed within the period of three months beginning with that day.

(2) If, on the assessment start day, the first section 12(2) guidance has not yet been published, the first section 12(2) assessment of the service must be completed within the period of three months beginning with the day on which the first section 12(2) guidance is published.”

Member’s explanatory statement

See the explanatory statement for the first amendment to Schedule 3 in the Minister’s name.

108: Schedule 3, page 197, line 24, after “1” insert “or paragraph 5A”

Member’s explanatory statement

See the explanatory statement for the first amendment to Schedule 3 in the Minister’s name.

109: Schedule 3, page 197, line 25, leave out “or CAA” and insert “, CAA or section 12(2) assessment”

Member’s explanatory statement

See the explanatory statement for the first amendment to Schedule 3 in the Minister’s name.

110: Schedule 3, page 197, line 28, leave out “or 15” and insert “, 15 or 15A”

Member’s explanatory statement

See the explanatory statement for the first amendment to Schedule 3 in the Minister’s name.

111: Schedule 3, page 197, line 30, leave out “applies” and insert “and paragraph 5A apply”

Member’s explanatory statement

See the explanatory statement for the first amendment to Schedule 3 in the Minister’s name.

112: Schedule 3, page 198, line 8, at end insert—

“15A (1) If section 12(2) guidance is available on the assessment start day, a section 12(2) assessment of the Part 4B part must be completed within the period of three months beginning with that day.

(2) If, on the assessment start day, the first section 12(2) guidance has not yet been published, a section 12(2) assessment of the Part 4B part must be completed within the period of three months beginning with the day on which the first section 12(2) guidance is published.”

Member’s explanatory statement

See the explanatory statement for the first amendment to Schedule 3 in the Minister’s name.

113: Schedule 3, page 198, line 13, at end insert—

“(b) a section 12(2) assessment of the regulated service if a section 12(2) assessment is due to be carried out in relation to the Part 4B part of the service in accordance with paragraph 15A.”

Member’s explanatory statement

See the explanatory statement for the first amendment to Schedule 3 in the Minister’s name.

114: Schedule 3, page 198, line 15, leave out “or a CAA” and insert “, a CAA or a section 12(2) assessment”

Member’s explanatory statement

See the explanatory statement for the first amendment to Schedule 3 in the Minister’s name.

115: Schedule 3, page 198, line 25, leave out “or a CAA” and insert “, a CAA or a section 12(2) assessment”

Member’s explanatory statement

See the explanatory statement for the first amendment to Schedule 3 in the Minister’s name.

116: Schedule 3, page 198, line 26, after “1” insert “or paragraph 5A”

Member’s explanatory statement

See the explanatory statement for the first amendment to Schedule 3 in the Minister’s name.

117: Schedule 3, page 198, line 37, at end insert—

“(c) a section 12(2) assessment is not required to be carried out at the time provided for by paragraph 5A.”

Member’s explanatory statement

See the explanatory statement for the first amendment to Schedule 3 in the Minister’s name.

118: Schedule 3, page 198, line 38, leave out “or CAA” and insert “, CAA or section 12(2) assessment”

Member’s explanatory statement

See the explanatory statement for the first amendment to Schedule 3 in the Minister’s name.

119: Schedule 3, page 198, line 39, at end insert “or paragraph 5A.”

Member’s explanatory statement

See the explanatory statement for the first amendment to Schedule 3 in the Minister’s name.

120: Schedule 3, page 199, line 18, at end insert—

“section 12(2) assessment” means OFCOM’s assessment under section (Assessment duties: user empowerment) (assessments related to the adult user empowerment duty set out in section 12(2));

“section 12(2) guidance” means OFCOM’s guidance under section 47(A1).”

Member’s explanatory statement

See the explanatory statement for the first amendment to Schedule 3 in the Minister’s name.

121: Schedule 3, page 200, line 6, after “CAA” insert “, a section 12(2) assessment”

Member’s explanatory statement

See the explanatory statement for the first amendment to Schedule 3 in the Minister’s name.

122: Schedule 3, page 200, line 12, after “CAAs” insert “, section 12(2) assessments”

Member’s explanatory statement

See the explanatory statement for the first amendment to Schedule 3 in the Minister’s name.

About this proceeding contribution

Reference

831 cc1626-9 

Session

2022-23

Chamber / Committee

House of Lords chamber
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