EdLaw nat/gb/online-safety-act/EXEMPTIONS.md

language: en · last checked: 2026-09-06

Schedule 1 — exempt services

The exemptions that take services out of scope — including limited-functionality services, internal business services, and services provided by persons providing education or childcare.

Paragraph 1 — Email services

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-29).

A user-to-user service is exempt if emails are the only user-generated content (other than identifying content) enabled by the service.

Paragraph 2 — SMS and MMS services

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-29).

1 A user-to-user service is exempt if SMS messages are the only user-generated content (other than identifying content) enabled by the service.

2 A user-to-user service is exempt if MMS messages are the only user-generated content (other than identifying content) enabled by the service.

3 A user-to-user service is exempt if SMS messages and MMS messages are the only user-generated content (other than identifying content) enabled by the service.

4 “SMS message” and “MMS message” have the meaning given by section 55(12).

Paragraph 3 — Services offering only one-to-one live aural communications

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-29).

1 A user-to-user service is exempt if one-to-one live aural communications are the only user-generated content (other than identifying content) enabled by the service.

2 “One-to-one live aural communications” has the meaning given by section 55(5).

Paragraph 4 — Limited functionality services

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-29).

1 A user-to-user service is exempt if the functionalities of the service are limited, such that users are able to communicate by means of the service only in the following ways—

2 In sub-paragraph (1), “provider content” means content published on a service by the provider of the service or by a person acting on behalf of the provider, including where the publication of the content is effected or controlled by means of—

3 For the purposes of this paragraph, content that is user-generated content in relation to a service is not to be regarded as provider content in relation to that service.

Paragraph 5 — Services which enable combinations of user-generated content

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-29).

A user-to-user service is exempt if the only user-generated content enabled by the service is content of the following kinds—

Paragraph 6 — Exception to exemptions in paragraphs 1 to 5

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-29).

But a a user-to-user service described in any of paragraphs 1 to 5 is not exempt if—

Paragraph 7 — Internal business services (entire user-to-user service or search service)

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-29).

1 A user-to-user service or a search service is exempt if the conditions in sub-paragraph (2) are met in relation to the service.

2 The conditions are—

3 In this paragraph—

Paragraph 8 — Internal business services (part of user-to-user service or search service)

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-29).

1 A user-to-user service is exempt if—

2 A user-to-user service is also exempt if—

3 A search service is exempt if—

4 In this paragraph—

Paragraph 9 — Services provided by public bodies

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-29).

1 A user-to-user service or a search service is exempt if—

2 But a user-to-user service or a search service is not exempt under this paragraph if—

3 This paragraph is without prejudice to the fact that this Act does not apply in relation to a user-to-user or search service provided by the Crown.

4 In this paragraph, “public function” means a function that is a function of a public nature for the purposes of the Human Rights Act 1998.

Paragraph 10 — Services provided by persons providing education or childcare

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-29).

1 A user-to-user service or a search service is exempt if—

2 In sub-paragraph (1)(a)(ii), “safeguarding duties” means duties or requirements which are related to the safeguarding of children arising under enactments other than this Act, under guidance or requirements (however referred to) produced under enactments other than this Act, or as a result of contractual arrangements made by the responsible person.

3 For the purposes of this paragraph, the person with legal responsibility for education or childcare of a particular description is the person with legal responsibility for its day-to-day provision (for example, the person with legal responsibility for a particular school), rather than any other person who has a duty to ensure that, in general, education or childcare of that description (or education or childcare which includes education or childcare of that description) is provided.

Paragraph 11 — Interpretation

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-29).

In Part 1 of this Schedule—

Paragraph 12 — England

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-29).

Early years childminding by an early years childminder registered under Chapter 2 of Part 3 of the Childcare Act 2006.

Paragraph 13 — England

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-29).

Early years provision by a person registered under Chapter 2 of Part 3 of that Act.

Paragraph 14 — England

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-29).

Later years childminding by a later years childminder registered under Chapter 3 of Part 3 of that Act.

Paragraph 15 — England

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-29).

Later years provision by a person registered under Chapter 3 of Part 3 of that Act.

Paragraph 16 — England

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-29).

Education or childcare in a maintained nursery school within the meaning of section 22 of the School Standards and Framework Act 1998.

Paragraph 17 — England

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-29).

Education or childcare in—

Paragraph 18 — England

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-29).

Education in—

Paragraph 19 — England

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-29).

Education provided by an independent training provider.

Paragraph 20 — England

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-29).

Further education for persons under 19 provided by a local authority in England.

Paragraph 21 — England

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-29).

In paragraphs 12 to 15, “early years childminding”, “early years provision”, “later years childminding” and “later years provision” have the same meaning as in Part 3 of the Childcare Act 2006 (see section 98 of that Act).

Paragraph 22 — England

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-29).

In paragraph 19, “independent training provider” means a provider—

Paragraph 23 — England

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-29).

In paragraphs 20 and 22, “local authority in England” has the same meaning as in the Education Act 1996 (see sections 579(1) and 581 of that Act).

Paragraph 24 — England

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-29).

In paragraph 22—

Paragraph 25 — Scotland

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-29).

Early learning and childcare, within the meaning of Part 6 of the Children and Young People (Scotland) Act 2014 (asp 8) (see section 46 of that Act).

Paragraph 26 — Scotland

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-29).

Child minding, within the meaning of Part 5 of the Public Services Reform (Scotland) Act 2010 (asp 8) (see paragraph 12 of Schedule 12 to that Act).

Paragraph 27 — Scotland

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-29).

Day care of children, within the meaning of Part 5 of that Act (see paragraph 13 of Schedule 12 to that Act).

Paragraph 28 — Scotland

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-29).

Primary education, secondary education or childcare in—

Paragraph 29 — Scotland

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-29).

Further education provided by a body listed under the heading “Institutions formerly eligible for funding by the Scottish Further Education Funding Council” or under the heading “Other institutions” in Schedule 2 to the Further and Higher Education (Scotland) Act 2005 (asp 6).

Paragraph 30 — Scotland

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-29).

Further education provided by a college of further education which is assigned to a regional strategic body by an order made under section 7C(1) of that Act.

Paragraph 31 — Wales

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-29).

Child minding by a person who is registered as a child minder under Part 2 of the Children and Families (Wales) Measure 2010 (nawm 1).

Paragraph 32 — Wales

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-29).

Day care for children by a person who is registered to provide day care for children under Part 2 of that Measure.

Paragraph 33 — Wales

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-29).

Primary education, secondary education or childcare in a school in Wales, within the meaning of the Education Act 1996 as it applies in relation to Wales (see section 4 of that Act).

Paragraph 34 — Wales

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-29).

Education provided in accordance with section 19A of the Education Act 1996.

Paragraph 35 — Wales

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-29).

Further education in an institution in Wales within the further education sector, within the meaning of the Further and Higher Education Act 1992 (see section 91(3) of that Act).

Paragraph 36 — Wales

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-29).

1 Any further education or training in Wales that is—

2 Sub-paragraph (1) does not include further education or training in Wales provided by—

3 In this paragraph, the references to “further education” and “training” have the meanings given by section 144(2), (4) and (5) of the Tertiary Education and Research (Wales) Act 2022.

Paragraph 37 — Wales

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-29).

In paragraphs 31 and 32, “child minding” and “day care for children” have the same meaning as in Part 2 of the Children and Families (Wales) Measure 2010 (see section 19 of that Measure).

Paragraph 38 — Northern Ireland

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-29).

Childcare by persons who act as child minders or provide day care for children within the meaning of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)), and who are registered under Article 118 of that Order.

Paragraph 39 — Northern Ireland

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-29).

Pre-school education, within the meaning of Part 5 of the Education (Northern Ireland) Order 1998 (S.I. 1998/1759 (N.I. 13)) (see Article 17(8) of that Order).

Paragraph 40 — Northern Ireland

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-29).

Education in a nursery school, within the meaning of the Education and Libraries (Northern Ireland) Order 1986 (S.I. 1986/594 (N.I. 3)) (see Article 2(2) of that Order).

Paragraph 41 — Northern Ireland

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-29).

Education or childcare in a school, within the meaning of the Education and Libraries (Northern Ireland) Order 1986 (see Article 2(2) of that Order).

Paragraph 42 — Northern Ireland

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-29).

Education which is suitable education otherwise than at school provided in accordance with Article 86 of the Education (Northern Ireland) Order 1998.

Paragraph 43 — Northern Ireland

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-29).

Education in an institution of further education, within the meaning of the Further Education (Northern Ireland) Order 1997 (S.I. 1997/1772 (N.I. 15)) (see Article 2(2) of that Order).

Paragraph 44 — Northern Ireland

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-29).

Education in agriculture and related subjects.

Paragraph 45

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-29).

The following definitions apply for the purposes of this Schedule.

Paragraph 46

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-29).

“Childcare”—

Paragraph 47

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-29).

“Education”—

Paragraph 48

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-29).

“Education in agriculture and related subjects”, in relation to provision in Northern Ireland, means education consisting of instruction in agriculture and related subjects provided by the Department of Agriculture, Environment and Rural Affairs in Northern Ireland under section 5(2)(a) of the Agriculture Act (Northern Ireland) 1949 (c. 2 (N.I.)), but not where the instruction is provided only to the Department’s employees.

Paragraph 49

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-29).

“Further education”—

Paragraph 50

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-29).

“Higher education”—

Paragraph 51

Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-29).

“Primary education” and “secondary education”—

Sources

Meta

All provision text above is reproduced verbatim from the consolidated Online Safety Act 2023 on legislation.gov.uk, extracted mechanically from the official XML. Each provision carries its official identifier as a trailing attribute anchor, the same id legislation.gov.uk uses.