Moved by
Lord Parkinson of Whitley Bay
131: Clause 38, page 41, line 4, leave out “This section applies” and insert “Subsections (1) to (6) apply”
Member’s explanatory statement
This amendment is consequential on the amendment inserting new subsections (9) to (13) into this Clause in my name.
132: Clause 38, page 41, line 5, leave out “it applies” and insert “they apply”
Member’s explanatory statement
This amendment is consequential on the amendment inserting new subsections (9) to (13) into this Clause in my name.
133: Clause 38, page 41, line 7, at end insert—
“(9) Subsection (11) applies to—
(a) a draft of the first code of practice prepared under section 36(1) (terrorism code of practice);
(b) a draft of the first code of practice prepared under section 36(2) (CSEA code of practice);
(c) a draft of the first code of practice prepared under section 36(3) relating to a duty set out in section 9 or 23 (illegal content);
(d) a draft of the first code of practice prepared under section 36(3) relating to a duty set out in section 11 or 25 (children’s online safety);
(e) a draft of the first code of practice prepared under section 36(3) relating to a duty set out in section 16 or 26 (content reporting);
(f) a draft of the first code of practice prepared under section 36(3) relating to—
(i) a duty set out in section 17 (complaints procedures) that concerns complaints of a kind mentioned in subsection (4) or (5) of that section, or
(ii) a duty set out in section 27 (complaints procedures).
(10) For the purposes of paragraphs (c) to (f) of subsection (9) a draft of a code of practice is a draft of the first code of practice relating to a duty if—
(a) it describes measures recommended for the purpose of compliance with the duty, and
(b) it is a draft of the first code of practice prepared under section 36(3) that describes measures for that purpose.
(11) OFCOM must submit a draft to which this subsection applies to the Secretary of State under subsection (1) within the period of 18 months beginning with the day on which this Act is passed.
(12) If OFCOM consider that it is necessary to extend the period mentioned in subsection (11) in relation to a draft mentioned in any of paragraphs (a) to (f) of subsection (9), OFCOM may extend the period in relation to that draft by up to 12 months by making and publishing a statement.
But this is subject to subsection (15).
(13) A statement under subsection (12) must set out—
(a) the reasons why OFCOM consider that it is necessary to extend the period mentioned in subsection (11) in relation to the draft concerned, and
(b) the period of extension.
(14) A statement under subsection (12) may be published at the same time as (or incorporate) a statement under section (Time for publishing first guidance under certain provisions of this Act)(3) (extension of time to prepare certain guidance).
(15) But a statement under subsection (12) may not be made in relation to a draft mentioned in a particular paragraph of subsection (9) if—
(a) a statement has previously been made under subsection (12) (whether in relation to a draft mentioned in the same or a different paragraph of subsection (9)), or
(b) a statement has previously been made under section (Time for publishing first guidance under certain provisions of this Act)(3).”
Member’s explanatory statement
This amendment provides that OFCOM must prepare the first draft of certain codes of practice within 18 months of Royal Assent, unless they consider a longer period to be necessary in which case OFCOM may (on one occasion only) extend the period and set out why in a published statement.