Schedule 11: Categories of regulated user-to-user services and regulated search services: regulations Section 96: Duty to maintain register
This section sets out OFCOM’s duties with regard to maintaining the register of regulated services that are designated as either Category 1, Category 2A, or Category 2B. Further detail on the register is set out in section 86.
	Subsections (1), (2) and (3) state that, for Category 1, Category 2A and Category 2B services respectively, if regulations setting threshold conditions are amended or replaced, OFCOM must conduct a full reassessment of services which they consider are likely to meet the amended thresholds set in the relevant regulations. They must then update the register accordingly. OFCOM must do this as soon as is reasonably practicable after the date on which the amending or replacement regulations are made.
	Subsection (4) requires OFCOM, at any other time, to assess those services which are not on the register, but which they consider are likely to meet the threshold conditions for designation as a Category 1, Category 2A or Category 2B service, and to add them to the relevant part of the register accordingly if they are assessed to meet the threshold conditions. In practice, this allows OFCOM to respond to changes relating to a regulated service and to ensure that the register remains up-to-date.
	Subsections (6) to (8) allow providers of a service listed in the register to request the service’s removal from the register. If they make such a request, OFCOM must first determine whether they are satisfied, based on the evidence submitted by the provider in question, that there has been a change to the service or to regulations under paragraph 1 of Schedule 10 which appears likely to be relevant. Only if OFCOM are satisfied that this is the case are they obliged to assess the service and notify the provider of their decision. This ensures that OFCOM do not have to do a full assessment every time a request is made, which could create disproportionate burdens. If OFCOM assess the service and consider that they no longer meet the relevant threshold, OFCOM must remove them from the relevant part of the register.
	Subsection (9) requires OFCOM to take reasonable steps to obtain or generate information or evidence to inform their assessments of services under this section, in the same way as they are required to do for the original assessments undertaken when the register is first established.
	Subsection (11) refers to the appeals section of the Act, for provisions about appeals against a decision to either include a service in the register, or a decision not to remove a service from the register.