Page:Online Criminal Harms Act 2023.pdf/24

24 (3) The competent authority may, for such time as the competent authority may specify, waive the application of a code of practice (or any part of the code of practice) to a designated provider.

(4) The competent authority may at any time, on the competent authority’s own initiative, cancel a code application notice, and must give written notice of the cancellation to the designated provider that was given the code application notice.

(5) Subject to this section and section 21(3), the designated provider must take all reasonably practicable steps to comply with every code of practice applicable to the designated provider’s service.

Rectification notice

23.—(1) If, whether upon a review of a report given pursuant to a code of practice or otherwise, the competent authority is of the opinion that a designated provider has not complied with any part of a code of practice that applies to the designated provider’s service, the competent authority may give the designated provider a notice to rectify the non-compliance with the code within the permitted time.

(2) A rectification notice under subsection (1) must set out—
 * (a) details of the non-compliance with the code of practice; and
 * (b) the time within which the non-compliance must be rectified.

(3) The competent authority may extend the time within which the non-compliance identified in the notice must be rectified.

(4) In subsection (1), “permitted time” means the time within which the non-compliance must be rectified as set out in the notice or, if the time has been extended under subsection (3), the extended time notified to the designated provider.