Page:Online Criminal Harms Act 2023.pdf/36

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36
NO. 24 OF 2023


(c) it is not reasonably practicable to comply with the direction.

(2) A Reviewing Tribunal may only cancel an access blocking order under section 41(3) on any of the following grounds:

(a) the online location specified in the access blocking order does not satisfy section 29(2);
(b) the person that was given the order was not the provider of an internet access service;
(c) it is not reasonably practicable to comply with the order.

(3) A Reviewing Tribunal may only cancel an app removal order under section 41(3) on any of the following grounds:

(a) the app specified in the app removal order does not satisfy section 30(2);
(b) the person that was given the order was not the provider of an app distribution service;
(c) it is not reasonably practicable to comply with the order.

(4) A Reviewing Tribunal may only cancel a service restriction order under section 41(3) on any of the following grounds:

(a) the person that was given the order was not the provider of a non-compliant online service;
(b) the online service specified in the order was not a non-compliant online service;
(c) it is not reasonably practicable to comply with the order.

Procedure before Reviewing Tribunal

43.—(1) Except where a Reviewing Tribunal, having regard to all the circumstances, is satisfied that it is equitable to do so, the Reviewing Tribunal must not consider or determine any appeal against a Part 2 direction under section 18 or a Part 6 order under section 37, if the appeal is made more than 30 days after the notice of a decision relating to the direction or order is given under section 17(2) or 36(2), as the case may be.