Schedule 17: Video sharing platform services: transitional provision etc Other powers to amend Act Section 219: Powers to amend sections 61 and 62
This section relates to section 61 and 62 which describe the categories of primary priority and priority content that is harmful to children.
	Subsection (1) confers a power on the Secretary of State to make regulations to amend these sections, i.e. to amend the categories of primary priority and priority content that is harmful to children.
	Subsections (2) and (3) constrain this power. The Secretary of State can only add a kind of content to the categories of primary priority or priority content under this power if they consider that there is a material risk of significant harm to an appreciable number of children in the United Kingdom presented by regulated user-generated or search content of that kind. Under subsection (2)(b), to add a kind of content as primary priority content that is harmful to children, the Secretary of State must also consider it appropriate for the duties in sections 12(3)(a) and 29(3)(a) to apply to it (i.e. to require user-to-user services to use systems and processes designed to prevent children of all ages from encountering that kind of content, and to require search services to use systems and processes designed to minimise the risk of children of all ages from encountering that kind of content) .
	Subsection (4) further limits the kinds of content that can be added to section 61 or 62 as primary priority or content that is harmful to children, by reference to the way in which content presents a risk of harm.
	The Secretary of State is required by subsection (5) to consult OFCOM before making regulations under this power.