Moved by
Lord Parkinson of Whitley Bay
230: After Clause 174, insert the following new Clause—
“Time for publishing first guidance under certain provisions of this Act
(1) OFCOM must publish guidance to which this section applies within the period of 18 months beginning with the day on which this Act is passed.
(2) This section applies to—
(a) the first guidance under section 47(2)(a) (record-keeping and review);
(b) the first guidance under section 47(2)(b) (children’s access assessments);
(c) the first guidance under section 48(1) (content harmful to children);
(d) the first guidance under section 73 (provider pornographic content);
(e) the first guidance under section 90(1) (illegal content risk assessments under section 8);
(f) the first guidance under section 90(2) (illegal content risk assessments under section 22);
(g) the first guidance under section 90(3) (children’s risk assessments);
(h) the first guidance under section 140 (enforcement);
(i) the first guidance under section 174 relating to illegal content judgements within the meaning of subsection (2)(a) of that section (illegal content and fraudulent advertisements).
(3) If OFCOM consider that it is necessary to extend the period mentioned in subsection (1) in relation to guidance mentioned in any of paragraphs (a) to (i) of subsection (2), OFCOM may extend the period in relation to that guidance by up to 12 months by making and publishing a statement.
But this is subject to subsection (6).
(4) A statement under subsection (3) must set out—
(a) the reasons why OFCOM consider that it is necessary to extend the period mentioned in subsection (1) in relation to the guidance concerned, and
(b) the period of extension.
(5) A statement under subsection (3) may be published at the same time as (or incorporate) a statement under section 38(12) (extension of time to prepare certain codes of practice).
(6) But a statement under subsection (3) may not be made in relation to guidance mentioned in a particular paragraph of subsection (2) if—
(a) a statement has previously been made under subsection (3) (whether in relation to guidance mentioned in the same or a different paragraph of subsection (2)), or
(b) a statement has previously been made under section 38(12).”
Member’s explanatory statement
This amendment provides that OFCOM must prepare the first guidance under certain provisions of the Bill 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.