The Online Safety Act 2023 (Exempt User-to-User and Search Services) (Amendment) Regulations 2026
In accordance with the Senedd approval procedure applied by section 225(14) of the Online Safety Act 2023 a draft of this Welsh statutory instrument was laid before, and approved by resolution of, Senedd Cymru.
Title and coming into force1.
(1)
The title of these Regulations is the Online Safety Act 2023 (Exempt User-to-User and Search Services) (Amendment) Regulations 2026.
(2)
These Regulations come into force on 1 April 2026.
Amendment to the Online Safety Act 20232.
“(1)
Any further education or training in Wales that is—
(a)
funded or otherwise secured by the Commission for Tertiary Education and Research2,(b)
funded or otherwise secured by the Welsh Ministers, or
(c)
funded by a local authority in Wales (within the meaning of section 579(1) of the Education Act 19963).(2)
Sub-paragraph (1) does not include further education or training in Wales provided by—
(a)
an institution in Wales within the higher education sector, within the meaning of the Further and Higher Education Act 19924 (see section 91(5) of that Act), or(b)
a person who is a provider of such education or training only by reason of providing it to the person’s employees.
(3)
In this paragraph, the references to “further education” and “training” have the meanings given by section 144(2), (4) and (5) of the Tertiary Education and Research (Wales) Act 20225.”
These Regulations amend Part 2 of Schedule 1 to the Online Safety Act 2023 (“the 2023 Act”), which is a list of descriptions of education and childcare services which are exempt from being regulated user-to-user or search services, as defined in section 4 of the 2023 Act (being exempt means that they are not subject to certain duties and to regulation by the Office of Communications).
These Regulations amend paragraph 36 of Schedule 1 by removing a reference to post-16 education (other than higher education) or training, the facilities for which are secured by the Welsh Ministers under the Learning and Skills Act 2000 (the relevant provisions of that Act were repealed by the Tertiary Education and Research (Wales) Act 2022 (“the 2022 Act”)), and replacing it with a reference to further education or training that is funded or otherwise secured by the Commission for Tertiary Education and Research or by the Welsh Ministers, or funded by a local authority in Wales. Such education or training must be inspected by His Majesty’s Chief Inspector of Education and Training in Wales under section 57 of the 2022 Act.
The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.