Section 196Individuals providing regulated services: liability

(1) This section applies in relation to two or more individuals who together are the provider of a regulated service (see section 226(3), (5), (7), (9) and (11)).

(2) Any duty or requirement imposed on such a provider under any of the provisions specified in subsection (3), or any liability of such a provider to pay a fee under section 84 or Schedule 10, is to be taken to be imposed on, or to be a liability of, all the individuals jointly and severally.

(3) The provisions are—

• (a)
  Chapter 2 of Part 3 (providers of user-to-user services: duties of care);
• (b)
  Chapter 3 of Part 3 (providers of search services: duties of care);
• (c)
  Chapter 4 of Part 3 (children’s access assessments);
• (d)
  Chapter 5 of Part 3 (duties about fraudulent advertising);
• (e)
  Chapter 1 of Part 4 (user identity verification);
• (f)
  Chapter 2 of Part 4 (reporting CSEA content);
• (g)
  Chapter 3 of Part 4 (terms of service: transparency, accountability and freedom of expression);
• (h)
  Chapter 4 of Part 4 (deceased child users);
• (i)
  Chapter 5 of Part 4 (transparency reporting);
• (j)
  section 81 (provider pornographic content);
• (k)
  section 83 (duty to notify OFCOM).

(4) A notice in respect of a matter that may or must be given by OFCOM under any provision of this Act may be given—

• (a)
  to only one of the individuals,
• (b)
  jointly to two or more of them, or
• (c)
  jointly to all of them,

but a separate notice may not be given to each of the individuals in respect of the matter.

(5) If a penalty notice is given jointly to two or more individuals, those individuals are jointly and severally liable to pay the penalty under it.

(6) In subsection (5) a “penalty notice” means—

• (a)
  a confirmation decision that imposes a penalty (see sections 132(5)(b) and 137),
• (b)
  a penalty notice under section 139,
• (c)
  a penalty notice under section 140(5), or
• (d)
  a penalty notice under section 141(6).