Schedule 3: Timing of providers’ assessments Chapter 4: Children’s Access Assessments Section 37: Meaning of "likely to be accessed by children"
This section sets out the three cases in which a regulated Part 3 service is to be considered "likely to be accessed by children" and therefore subject to the children’s risk assessment and child safety duties imposed by either sections 11 and 12 (for regulated user-to-user services) or 28 and 29 (for regulated search services).
	The first case at subsection (2) is when it is both possible for children to access the service and the "child user condition" (referred to in section 35(3)) is met in relation to the service as a whole, or any part of the service which it is possible for children to access.
	The second case at subsection (4) is when the service provider has failed to complete the first children’s access assessment required under section 36(1).
	The third case at subsection (6) is when, following an investigation into a provider’s failure to comply with a duty about children’s access assessments, OFCOM concludes that a service should be treated as "likely to be accessed by children". Section 135(4) and (5) empowers OFCOM to give a confirmation decision to a provider if it is satisfied that the provider has failed to comply with such duties.