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Online Safety Act 2023

Contents

Territorial extent and application

  1. Section 239 sets out the territorial extent of the Online Safety Act. The extent of an Act can be different from its application. Application is about where an Act produces a practical effect rather than where it forms part of the law. The Online Safety Act extends and applies to the whole of the United Kingdom, aside from the provisions set out below. Further detail is at Annex A.
  2. The communications offences under sections 179 to 183 and the repeal in section 189(1) do not extend to Scotland. The provisions set out at section 239(3) extend to England and Wales only. Section 214(4) to (6) extends to Scotland only. Sections 189(3) and 214(7) to (9) extend to Northern Ireland only.
  3. The UK Parliament does not normally legislate with regard to matters that are within the legislative competence of the Scottish Parliament, Senedd Cymru or the Northern Ireland Assembly without the consent of the legislature concerned. It is also the practice of the UK Government to seek the consent of the devolved legislatures for provisions which would alter the competence of those legislatures or the devolved administrations in Scotland, Wales and Northern Ireland. The Northern Ireland Assembly was adjourned during the parliamentary passage of the Act.
  4. The majority of the Act is outside the competence of the devolved legislatures under the internet services reservation, with the exception of a small number of provisions where the Government sought the consent of the relevant legislatures as follows:
  5. The False Communication Offence under sections 179, 180 and 182.
  6. The Threatening Communication Offence under sections 181 and 182.
  7. The Offence under section 183 of sending or showing flashing images electronically.
  8. The Offence under sections 184, 185 and 186 of encouraging or assisting the serious self-harm of another person.
  9. The power for Ministers in Scotland, Wales, and the relevant department in Northern Ireland to amend the list of exempt educational institutions included at Part 2 of Schedule 1 under section 221.
  10. The power for Ministers in Scotland to amend the list of CSEA offences included in Part 2 of Schedule 6 under section 222(2).
  11. In addition, repeals and amendments made by this Act have the same territorial extent as the legislation that they are amending or repealing where specified.
  12. See Annex A for a summary of the position regarding territorial extent and application in the United Kingdom.
Extent in the Channel Islands and Isle of Man
  1. Section 239 also includes a Permissive Extent Clause, where His Majesty may by Order in Council provide for any of the provisions of this Act to extend, with or without modifications, to the Bailiwick of Guernsey or to the Isle of Man.

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