Explanatory note

These Regulations are made under the Online Safety Act 2023 (the “Act”).

They describe the evidence, documents or other information that providers of regulated services must supply to Ofcom for the purposes of section 83 of the Act, including provision about the way in which providers must supply the evidence, documents or other information.

Section 83 of the Act places a duty on the providers of regulated services to notify Ofcom in certain circumstances. These include the circumstances specified in section 83(1)(a) and (b)(i) of the Act. The purpose of a notification in these circumstances is to enable Ofcom to calculate any fees payable by that provider to Ofcom under Part 6 of the Act.

Section 83(3) of the Act prescribes the details that must be included in a notification under section 83(1)(a) and (b)(i). Regulation 3(2) to (4) describes the evidence, documents or other information that are required to be included in such a notification, and which will substantiate the details prescribed in section 83(3) of the Act. Regulation 3(5) includes provision about the manner in which providers must supply such evidence, documents or other information to Ofcom. It does so by expressly incorporating a “Manner of Notification” document, published separately by Ofcom on its website (as Annex 5 to Ofcom’s final policy statement which is available at www.ofcom.org.uk/online-safety/illegal-and-harmful-content/consultation-online-safety-fees-and-penalties (the “Ofcom website”)). A hard copy can also be inspected free of charge on request from the Ofcom library at Riverside House, 2a Southwark Bridge Road, London, SE1 9HA.

An impact assessment of the effect that this instrument will have on the costs to business under the Better Regulation Framework has not been prepared as these Regulations are in connection with a tax, duty, levy or other charge. However, in accordance with section 7 of the Communications Act 2003, Ofcom carried out and published an assessment of the likely impact of implementing these Regulations in its public consultation (available at the Ofcom website). An updated impact assessment was also included in its final policy statement (also available at the Ofcom website). An Explanatory Memorandum has also been published alongside the instrument on www.legislation.gov.uk.