UK Parliament / Open data

Online Safety Bill

Moved by

Lord Parkinson of Whitley Bay

284A: After Clause 176, insert the following new Clause—

“Offence of failure to comply with confirmation decision: supplementary

(1) Where a penalty has been imposed on a person by a penalty notice under section 126 in respect of a failure constituting an offence under section (Confirmation decisions: offence)(failure to comply with certain requirements of a confirmation decision), no proceedings may be brought against the person for that offence.

(2) A penalty may not be imposed on a person by a penalty notice under section 126 in respect of a failure constituting an offence under section (Confirmation decisions: offence) if—

(a) proceedings for the offence have been brought against the person but have not been concluded, or

(b) the person has been convicted of the offence.

(3) Where a service restriction order under section 131 or an access restriction order under section 133 has been made in relation to a regulated service provided by a person in respect of a failure constituting an offence under section (Confirmation decisions: offence), no proceedings may be brought against the person for that offence.”

Member’s explanatory statement

This amendment ensures, among other things, that a person cannot be prosecuted for the new offence created by the new clause to be inserted after clause 125 in the Minister’s name if OFCOM have imposed a financial penalty for the same conduct instead, and vice versa.

Type
Proceeding contribution
Reference
831 cc435-6 
Session
2022-23
Chamber / Committee
House of Lords chamber
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