OpenLegislation

Section 21 Content removal noticesI1

United Kingdom Not yet in force

(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—

(a)

the content to which it relates is removed (see section 27(2)), and

(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content removal notice from being given under this section, whether or not in relation to the same content as the withdrawn notice).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—

    1. (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

    2. (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—

    1. (a)

      where the authorised officer is a member of a relevant police force in England and Wales, England and Wales;

    2. (b)

      where the authorised officer is a member of the Police Service of Scotland, Scotland;

    3. (c)

      where the authorised officer is a member of the Police Service of Northern Ireland, Northern Ireland;

    4. (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.

Annotations

Commencement

I1

S. 21 not in force at Royal Assent, see s. 255(1)