Statutory Instruments
ELECTRONIC COMMUNICATIONS
Made
21st November 2023
The Secretary of State makes these Regulations in exercise of the powers conferred by section 240(1) of the Online Safety Act 2023(1).
1.—(1) These Regulations may be cited as the Online Safety Act 2023 (Commencement No. 1) Regulations 2023.
(2) These Regulations extend to England and Wales, Scotland and Northern Ireland.
2. Subsections (2) and (7) of section 114 of the Online Safety Act 2023 come into force on the day after the day on which these Regulations are made.
Saqib Bhatti
Parliamentary Under Secretary of State
Department for Science, Innovation and Technology
21st November 2023
(This note is not part of the Regulations)
These Regulations bring section 114(2) and (7) of the Online Safety Act 2023 (c. 50) (“the Act”) into force. They are the first Commencement Regulations made under the Act. The provisions specified in section 240(4) of the Act came into force on the day which it was passed.
Section 114(1) of the Act grants the Office of Communications (“OFCOM”) an express power to co-operate with an overseas regulator, including by disclosing online safety information to that regulator, for the purposes of (a) facilitating the exercise by the overseas regulator of any of that regulator’s online regulatory functions, or (b) criminal investigations or proceedings relating to a matter to which the overseas regulator’s online regulatory functions relate. Section 114(2) of the Act provides that OFCOM’s power to co-operate only applies in relation to an overseas regulator specified in regulations made by the Secretary of State. Section 114(7) of the Act defines certain terms for the purposes of section 114, including the terms “online regulatory functions”, online safety information” and “overseas regulator”.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.