Schedule 3: Timing of providers’ assessments Chapter 4: Children’s Access Assessments Section 35: Children’s access assessments
This section establishes a requirement for providers of regulated services to assess whether it is possible for children to access the service (or part of it) and, if so, whether a significant number of children use the service (or the relevant part) and/or whether the service (or relevant part) is likely to attract a significant number of users who are children. Where either of the latter two conditions is satisfied, the service provider will be obliged to conduct a children’s risk assessment (see sections 11 and 28) and will be subject to the safety duties protecting children (see sections 12 and 29).
	Subsection (2) specifies that a provider can only conclude that children cannot access a service, or part of a service, if age verification or age estimation is used on the service with the result that children are not normally able to access it.
	A provider is only required to consider parts of its service that are user-to-user services or search services when assessing the likelihood of children’s access.