Regulation 3 Evidence, documentation and other information required for notification

(1)

This regulation applies where a provider^f1 of a regulated service^f2 must notify OFCOM under section 83(1)(a) or (b)(i) of the Act in relation to a charging year^f3.

(2)

The notification must include—

(a)

where the charging year is the provider’s first fee-paying year^f4, a statement indicating that fact;

(b)

evidence substantiating the details that must be submitted by the provider under section 83(3) of the Act (details of all regulated services provided by the provider and details of the provider’s qualifying worldwide revenue); and

(c)

a declaration affirming that that evidence is accurate and complete in all material respects.

(3)

Where possible, the evidence mentioned in paragraph (2)(b) must substantiate the details by reference to information in financial statements or other documents prepared for accounting purposes.

(4)

The declaration mentioned in paragraph (2)(c) must be made—

(a)

where the provider is an entity, by a senior manager (within the meaning of section 103(4) of the Act); and

(b)

in any other case, by an individual (whether acting as, or on behalf of, the provider) who is able to affirm the accuracy and completeness of the information in question.

(5)

The things mentioned in paragraph (2) must be supplied in the manner prescribed by the Manner of Notification document published by OFCOM on 26th June 2025.

Annotations

Footnotes

f1: The term “provider”, in respect of an internet service such as a user-to-user service or a search service, is defined in section 226 of the Act. See also section 83(11) of the Act which contains further provision about the meaning of a “provider” of a regulated service for the purposes of Part 6 of the Act.
f2: “Regulated service” is defined in section 4(4) of the Act.
f3: “Charging year” is defined in section 90 of the Act.
f4: “Fee-paying year” is defined in section 83(2) of the Act.