Page:Online Criminal Harms Act 2023.pdf/23

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ONLINE CRIMINAL HARMS
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(a) any type of online service in relation to any offence group; or
(b) a particular designated provider’s service in relation to any related offence group of that service.

(2) The competent authority may at any time—

(a) vary a code of practice (including by adding anything to it); or
(b) revoke a code of practice.

(3) If any provision in a code of practice is inconsistent with any provision of this Act, that provision—

(a) has effect subject to this Act; or
(b) having regard to this Act and the regulations, has no effect.

(4) A code of practice issued under this section does not have legislative effect.

Code application notice

22.—(1) The competent authority may give notice to a designated provider that a code of practice applies to the designated provider’s service only if—

(a) the code of practice is one that is specifically applicable to the designated provider’s service in relation to any related offence group of that service; or
(b) where the code is one that is generally applicable to a type of online service in relation to any offence group—
(i) the designated provider’s service is of that type; and
(ii) the offence group is a related offence group of the designated provider’s service.

(2) The code application notice must identify the designated provider’s service, the related offence group to which the code of practice relates and the date of application of the code of practice.