Part 2Offensive weapons
Chapter 1Online advertising etc of unlawful weapons: civil penalties
13“Relevant user-to-user services”, “relevant search services” and “service providers”
(1)
For the purposes of this Chapter—
(a)
a “relevant search service” is a search service other than an exempt service;
(b)
a “relevant user-to-user service” is a user-to-user service other than an exempt service.
(2)
In subsection (1), “search service” and “user-to-user service” have the same meanings as in the Online Safety Act 2023 (the “2023 Act”) (see, in particular, section 3 of that Act).
(3)
The following are exempt services for the purposes of subsection (1)—
(a)
a service of a kind that is described in any of the following paragraphs of Schedule 1 to the 2023 Act (certain services exempt from regulation under that Act)—
(i)
paragraph 1 or 2 (email, SMS and MMS services);
(ii)
paragraph 3 (services offering one-to-one live aural communications);
(iii)
paragraph 4 (limited functionality services);
(iv)
paragraph 5 (services which enable combinations of user-generated content);
(v)
paragraph 7 or 8 (internal business services);
(vi)
paragraph 9 (services provided by public bodies);
(vii)
paragraph 10 (services provided by persons providing education or childcare), or
(b)
a service of a kind that is described in Schedule 2 to the 2023 Act (services that include regulated provider pornographic content).
(4)
This Chapter does not apply in relation to a part of a relevant search service, or a part of a relevant user-to-user service, if the 2023 Act does not apply to that part of the service by virtue of section 5(1) or (2) of that Act.
(5)
In this Chapter, “service provider” means a provider of a relevant user-to-user service or a provider of a relevant search service.