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Digital Economy Act 2017

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This is the original version (as it was originally enacted).

16The age-verification regulator: designation and funding

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(1)The Secretary of State may by notice designate any person, or any two or more persons jointly, as the age-verification regulator for the purposes of—

(a)all of the functions of the age-verification regulator under this Part, or

(b)any of those functions specified in the notice by which the designation is made.

(2)Different persons may be designated for the purposes of different functions.

(3)The Secretary of State may at any time by notice—

(a)revoke a designation under this section;

(b)designate one or more other persons in place of any person or persons designated under this section.

(4)The Secretary of State’s power to designate a person under this section includes a power to designate the holder for the time being of any office or employment specified in the notice by which the designation is made.

(5)The Secretary of State must not make a designation under this section unless satisfied that—

(a)arrangements will be maintained by the age-verification regulator for appeals to which subsection (6) applies, and

(b)any person hearing an appeal under those arrangements will be sufficiently independent of the age-verification regulator.

(6)This subsection applies to appeals—

(a)by a person on whom a financial penalty has been imposed under section 19(1) or (10), against the imposition of that penalty;

(b)by a person to whom an enforcement notice has been given under section 19(2), against the giving of that notice;

(c)by a person identified as the non-complying person in a notice given under section 21, against the giving of that notice;

(d)by an internet service provider to whom a notice has been given under section 23(1), against the giving of that notice;

(e)by a person identified as the non-complying person in a notice given to an internet service provider under section 23(1), against the giving of that notice.

(7)A notice under subsection (1) or (3) must be published in the London, Edinburgh and Belfast Gazettes.

(8)The Secretary of State may pay grants or make loans to the age-verification regulator to cover expenditure incurred in the carrying out of its functions.

(9)Grants may be paid and loans made under subsection (8) subject to any conditions the Secretary of State thinks appropriate (including conditions as to repayment).

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