The Online Safety Super-Complaints (Eligibility and Procedural Matters) Regulations 2025
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Change 1
8 Determination whether an entity is eligible
(1) Where a complaint is not accompanied by the statement referred to in regulation 3(3), OFCOM must determine, by the end of 30 days beginning with the day after the day on which the complaint was received by OFCOM, whether the entity is an eligible entity (see regulation 2). (2) Where a complaint is accompanied by the statement referred to in regulation 3(3), OFCOM must determine, by the end of 15 days beginning with the day after the day on which the complaint was received by OFCOM, whether the entity is still an eligible entity (see regulation 2). (3) Where a complaint is submitted jointly by more than one entity, OFCOM is only required to determine whether the lead entity (see regulation 3(1)(d)) is eligible. (4) OFCOM must inform the entity of their determination under paragraph (1) or (2), and the date that determination was made, as soon as practicable after having made that determination. (5) Where OFCOM consider that they need further information from the entity to be able to determine whether the entity is eligible (for example, the complaint is missing information that is required under regulation 3), OFCOM may write to the entity to request that further information. (6) Where OFCOM consider that they need further information from the entity to be able to determine whether the entity is eligible and— (a) OFCOM have written to the entity to request that further information from the entity under paragraph (5), OFCOM may extend the 30 days or 15 days referred to in paragraphs (1) and (2), as is applicable, by the number of days from the day that OFCOM writes to the entity to the day that the requested information is received by OFCOM; (b) OFCOM have given an information notice to the entity under section 100(1) of the 2023 Act (power to require information) in order to obtain that information, OFCOM may extend the 30 days or 15 days referred to in paragraphs (1) and (2), as is applicable, by the number of days from the day that the information notice is given to the day that the required information is provided.
8 Determination whether an entity is eligible
(1) Where a complaint is not accompanied by the statement referred to in regulation 3(3), OFCOM must determine, by the end of 30 days beginning with the day after the day on which the complaint was received by OFCOM, whether the entity is an eligible entity (see regulation 2). (2) Where a complaint is accompanied by the statement referred to in regulation 3(3), OFCOM must determine, by the end of 15 days beginning with the day after the day on which the complaint was received by OFCOM, whether the entity is still an eligible entity (see regulation 2). (3) Where a complaint is submitted jointly by more than one entity, OFCOM is only required to determine whether the lead entity (see regulation 3(1)(d)) is eligible. (4) OFCOM must inform the entity of their determination under paragraph (1) or (2), and the date that determination was made, as soon as practicable after having made that determination. (5) Where OFCOM consider that they need further information from the entity to be able to determine whether the entity is eligible (for example, the complaint is missing information that is required under regulation 3), OFCOM may write to the entity to request that further information. (6) Where OFCOM consider that they need further information from the entity to be able to determine whether the entity is eligible and— (a) OFCOM have written to the entity to request that further information from the entity under paragraph (5), OFCOM may extend the 30 days or 15 days referred to in paragraphs (1) and (2), as is applicable, by the number of days from the day that OFCOM writes to the entity to the day that the requested information is received by OFCOM; (b) OFCOM have given an information notice to the entity under section 100(1) of the 2023 Act (power to require information) in order to obtain that information, OFCOM may extend the 30 days or 15 days referred to in paragraphs (1) and (2), as is applicable, by the number of days from the day that the information notice is given to the day that the required information is provided.
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