{
  "url": "https://openlegislation.uk/online-safety-act-2023/schedule-15/paragraph-2",
  "json_url": "https://openlegislation.uk/online-safety-act-2023/schedule-15/paragraph-2.json",
  "legislation": "ukpga/2023/50",
  "legislation_title": "Online Safety Act 2023",
  "legislation_url": "https://openlegislation.uk/online-safety-act-2023",
  "path": "schedule/15/paragraph/2",
  "kind": "paragraph",
  "number": "2",
  "heading": "Liability of parent entities for failures by subsidiary entities",
  "text": "(1) This paragraph applies if—\n(a) OFCOM are satisfied that there are grounds to give an entity (“E”) a relevant decision or notice relating to a regulated service,\n(b) E is the provider of that service, and\n(c) there is an entity which is a parent undertaking in relation to E (a “parent entity”).\n(2) The relevant decision or notice may be given—\n(a) to E alone, or\n(b) (subject to sub-paragraph (4)) jointly to E and to a parent entity.\n(3) But before giving a penalty notice to a parent entity, or giving a confirmation decision to a parent entity which was not previously given a provisional notice of contravention relating to the same matter, OFCOM must give that entity an opportunity to make representations to OFCOM about—\n(a) the matters contained in the decision or notice, and\n(b) whether joint and several liability would be appropriate.\n(4) OFCOM may not give a relevant decision or notice to a parent entity (“P”) if—\n(a) P meets the condition in section 1162(2)(a) of the Companies Act in relation to E, and\n(b) P makes representations (under section 130(8) as applied by paragraph 1(6), or under sub-paragraph (3)) which satisfy OFCOM that P does not meet any condition in section 1162(2)(b), (c) or (d) or (4) of the Companies Act in relation to E.\n(5) If a relevant decision or notice is given to entities jointly as mentioned in sub-paragraph (2)(b), those entities are jointly and severally liable to comply with the requirements, or (as the case may be) pay the penalty, imposed by the decision or notice.\n(6) See also paragraph 5 of Schedule 13 (maximum amount of penalties: group of entities).",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 15 para. 2 not in force at Royal Assent, see s. 240(1)"
    },
    {
      "type": "I",
      "label": "I2",
      "text": "Sch. 15 para. 2 in force at 10.1.2024 by S.I. 2023/1420, reg. 2(z24)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2023/50/schedule/15/paragraph/2",
    "retrieved_at": "2026-11-07T03:34:44.494627+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}