Schedule 11: Categories of regulated user-to-user services and regulated search services: regulations Skilled persons’ reports Section 104: Reports by skilled persons
Subsection (1) sets out the circumstances under which OFCOM can require a report from a skilled person. The first scenario (subsection (1)(a)) is for the purpose of identifying and assessing a failure or a possible failure, by a provider of a regulated service to comply with a relevant requirement (as listed in subsection (13)). The second scenario (subsection (1)(b)), which applies only where OFCOM considers that the provider may be at risk of failing to comply with a relevant requirement, is for the purpose of developing OFCOM’s understanding of this risk and ways to mitigate it. The third scenario (subsection (3)) is in relation to assisting OFCOM when the regulator is deciding whether to give a notice requiring a provider to use their best endeavours to develop or source technology dealing with CSEA content, or in deciding the requirements to be imposed by such a notice.
	Subsections (4) and (5) set out that OFCOM may appoint a skilled person (an external third party with relevant expertise) to carry out a report and if they do so must notify the provider, or, alternatively, OFCOM may give a notice to a provider requiring them to appoint a skilled person to produce a report for OFCOM, in the form stipulated by OFCOM, and specifying the relevant matters that must be dealt with in the report.
	Subsection (7) sets out that the service provider, their employees, their contractors and other providers have a duty to assist the skilled person in any way as the skilled person may reasonably require to prepare the report.
	Subsection (8) provides that the provider is liable to pay the skilled person directly for the production of the report, which can be recovered through the courts (see subsections (9) to (12)).