Part 2Offensive weapons
Chapter 1Online advertising etc of unlawful weapons: civil penalties
21Content removal notices
(1)
This section applies where an authorised officer is satisfied that content—
(a)
present on a relevant user-to-user service, or
(b)
which may be encountered in or via search results of a relevant search service,
is unlawful weapons content in a relevant part of the United Kingdom.
(2)
The authorised officer may give a content removal notice to—
(a)
the provider of the relevant user-to-user service, or
(b)
the provider of the relevant search service.
(3)
If the authorised officer gives a content removal notice to a service provider in a case where the coordinating officer has the contact details of the provider’s content manager, the authorised officer may also give the notice to that manager.
(4)
A content removal notice is a notice requiring the service provider and (if applicable) the provider’s content manager (each a “recipient”) to secure that—
(b)
confirmation of that fact is given to the authorised officer.
(5)
A content removal notice must—
(a)
identify the content to which it relates;
(b)
explain the authorised officer’s reasons for considering that the content is unlawful weapons content in the relevant part (or parts) of the United Kingdom;
(c)
explain that the notice must be complied with before the end of the period of 48 hours beginning with the time the notice is given;
(d)
explain that each recipient has the right to request a review of the decision to give the notice and how a request is to be made (see section 22);
(e)
set out the potential consequences of failure to comply with the notice;
(f)
contain the authorised officer’s contact details;
(g)
be in such form, and contain such further information, as the Secretary of State may by regulations prescribe.
(6)
The authorised officer may withdraw a content removal notice from a recipient by notifying the recipient to that effect (but withdrawal of a notice does not prevent a further content removal notice from being given under this section, whether or not in relation to the same content as the withdrawn notice).
(7)
In this section—
“authorised officer” means—
(a)
a member of a relevant police force who is authorised for the purposes of this section by the chief officer of the force, or
(b)
a National Crime Agency officer who is authorised for the purposes of this section by the Director General of the National Crime Agency;
“relevant part of the United Kingdom” means—
(a)
where the authorised officer is a member of a relevant police force in England and Wales, England and Wales;
(b)
where the authorised officer is a member of the Police Service of Scotland, Scotland;
(c)
where the authorised officer is a member of the Police Service of Northern Ireland, Northern Ireland;
(d)
where the authorised officer is a member of the Ministry of Defence Police or a National Crime Agency officer, any part of the United Kingdom.