Moved by
Lord Parkinson of Whitley Bay
281H: Clause 210, page 176, line 12, leave out “section 11 (duty” and insert “sections 11 and 11A (duties”
Member’s explanatory statement
This amendment provides that the term “online safety functions” includes OFCOM’s functions under section 11A of the Communications Act 2003 (inserted by the new Clause proposed to be inserted after Clause 149 in my name) regarding OFCOM’s media literacy strategy (as well as OFCOM’s functions under section 11 of that Act).
282: Clause 210, page 176, line 21, at end insert—
“(2A) References to OFCOM’s “online safety functions” also include references to OFCOM’s duty to comply with any of the following, so far as relating to the use of a regulated service by a person who has died—
(a) a notice from a senior coroner under paragraph 1(2) of Schedule 5 to the Coroners and Justice Act 2009 in connection with an investigation into a person’s death;
(b) a request for information in connection with the investigation of a procurator fiscal into, or an inquiry held or to be held in relation to, a person’s death;
(c) a notice from a coroner under section 17A(2) of the Coroners Act (Northern Ireland) 1959 (c. 15 (N.I.)) in connection with—
(i) an investigation to determine whether an inquest into a person’s death is necessary, or
(ii) an inquest in relation to a person’s death.”
Member’s explanatory statement
This amendment makes it clear that OFCOM’s online safety functions include the duty of complying with a coroner’s notice or, in Scotland, a request from the procurator fiscal, in connection with the use of a regulated service by a person who has died.
283: Clause 210, page 176, line 23, at end insert—
“(4) In subsection (2A)(b) “inquiry” means an inquiry held, or to be held, under the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (asp 2).”
Member’s explanatory statement
This amendment defines a term used in the preceding amendment in my name.