Schedule 12: OFCOM’s powers of entry, inspection and audit Provisional notices and confirmation decisions Section 135: Confirmation decisions: children’s access assessments
This section applies where OFCOM have found that a regulated provider has failed to properly carry out a children’s access assessment set out in section 36.
	In such cases, OFCOM can require a regulated provider to carry out or re-do the children’s access assessment and would set a deadline for the completion of the assessment in the confirmation decision. The maximum period of time OFCOM can allow the service to complete the assessment is three months from the date of the confirmation decision (although this can subsequently be extended at OFCOM’s discretion).
	This section also gives OFCOM the power to determine that a service is likely to be accessed by children where there is evidence that it is possible for children to access all or part of the service and the child user condition in section 35(3) is met. (The child user condition is met if either: (a) a significant number of children are users of the service, or part of the service; or (b) the service, or part of it, is likely to attract a significant number of child users). If OFCOM determine that a service is likely to be accessed by children, the children’s risk assessment duties in section 28 and the children’s safety duties in section 29 will apply to the service. OFCOM will specify the date from which the duties would apply in their confirmation decision. OFCOM can also set out the circumstances in which their determination will cease to apply in their confirmation decision.