Schedule 17: Video sharing platform services: transitional provision etc
This Schedule contains transitional, transitory and saving provisions setting out how the Video-Sharing Platform (VSP) regime in Part 4B of the Communications Act 2003 will be repealed and how the Online Safety Act 2023 will apply during the "transitional period".
	Part 2 of Schedule 17 sets out that the Online Safety Act 2023 applies to VSPs (that meet the definition set out in Schedule 17, paragraph 1); however, for the duration of the transitional period, they will be exempted from certain Online Safety Act 2023 duties and requirements. During this transitional period, these VSPs will continue to be regulated under the VSP regime. Broadly, where an internet service is wholly a VSP (Schedule 17, paragraph 1(1)(a)), the exemption applies to the service as a whole. However, where only a "dissociable section" of an internet service is a VSP (Schedule 17, paragraph 1(1)(b)), the exemption will only apply to the VSP part. However, VSPs will still be subject to the new communications offences, OFCOM’s information powers and associated enforcement powers, and fee notification requirements. VSPs will also become subject to the requirement to complete children’s access and risk assessments once a date is specified by the Secretary of State via regulations.
	Part 3 of Schedule 17 sets out the application of Part 6 of the Online Safety Act 2023 in respect of transitional charging years. The transitional arrangements require that VSPs provide notification of eligibility to pay fees and provide financial information to OFCOM under section 83.
	Where a VSP is an "exempt provider", the provider does not have to pay fees under section 84 or Schedule 10, during a transitional charging year. Where a VSP is not an "exempt provider" (i.e. it is an internet service with a "dissociable section" that is a VSP, and it has either another user-to-user part or search engine part that is not a VSP), if Schedule 17 paragraph 17(2) applies, their fee notification must include a breakdown indicating the amounts that are wholly referable to the VSP part. If a VSP is not an exempt provider, they are subject to the duty to pay fees under section 84 or Schedule 10 in respect to a transitional charging year.
	In calculating providers fees, the qualifying worldwide revenue (QWR) is to be taken as the "non-Part 4B QWR" i.e. the QWR less the amounts wholly referable to the VSP part. As per section 84(3), in the event of a disagreement between the provider and OFCOM regarding the "non-Part 4B QWR" or fees payable, the amount is determined by OFCOM.
	The transitional arrangements for VSPs will end on the date on which section 210 of the Act, which repeals Part 4B of the Communications Act 2003, comes into force (with the exception of Schedule 17, Part 3, which applies in respect to a transitional charging year). Section 210(3) ensures that Part 4B may not be repealed until at least 6 months after the chosen date for the obligation to conduct risk and child access assessments (to give providers time to do their assessments before they become subject to the safety duties).
	The savings provisions in Schedule 17, Part 4 allow OFCOM to continue to pursue ongoing enforcement action, relating to breaches of Part 4B of the Communications Act 2003 that occurred while it was in force, after the repeal of that Part.