Section 138 Confirmation decisions: offencesI1

United Kingdom

I2(1)

A person to whom a confirmation decision is given commits an offence if, without reasonable excuse, the person fails to comply with a requirement imposed by the decision which—

(a)

is of a kind described in section 133(1), and

(b)

is imposed (whether or not exclusively) in relation to a failure to comply with a children’s online safety duty.

(2)

A “children’s online safety duty” means a duty set out in—

(a)

section 12(3)(a),

(b)

section 12(3)(b),

I3(c)

section 81(2), or

(d)

section 81(4).

(3)

A person to whom a confirmation decision is given commits an offence if, without reasonable excuse, the person fails to comply with a CSEA requirement imposed by the decision (see section 133(6) and (7)).

F1(3A)

A person to whom a confirmation decision is given commits an offence if, without reasonable excuse, the person fails to comply with an intimate image content requirement imposed by the decision (see section 133(7A) and (7B)).

(4)

A person who commits an offence under this section is liable—

(a)

on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

(b)

on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);

(c)

on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);

(d)

on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).

Annotations

Textual amendments

F1: S. 138(3A) inserted (29.6.2026) by Crime and Policing Act 2026 (c. 20), ss. 100(10), 255(1); S.I. 2026/689, reg. 2(1)(j)

Commencement

I1: S. 138 not in force at Royal Assent, see s. 240(1)
I2: S. 138(1)(2)(a)(b)(3)(4) in force at 10.1.2024 by S.I. 2023/1420, reg. 2(z17)
I3: S. 138(2)(c)(d) in force at 17.1.2025 by S.I. 2024/1333, reg. 2(1)(e)