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.
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.
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—
- a posting comments or reviews relating to provider content;
- b sharing such comments or reviews on a different internet service;
- c expressing a view on such comments or reviews, or on provider content, by means of—
- d producing or displaying identifying content in connection with any of the activities described in paragraphs (a) to (c).
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—
- a software or an automated tool or algorithm applied by the provider or by a person acting on behalf of the provider, or
- b an automated tool or algorithm made available on the service by the provider or by a person acting on behalf of the provider.
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—
- a content mentioned in paragraph 1, 2 or 3 and related identifying content;
- b content arising in connection with any of the activities described in paragraph 4(1).
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—
- a regulated provider pornographic content is published or displayed on the service, and
- b the service has links with the United Kingdom within the meaning of section 80(4).
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.
- a the user-to-user service or search service is an internal resource or tool for a business, or for more than one business carried on by the same person,
- b the person carrying on the business (or businesses) (“P”) is the provider of the user-to-user service or search service, and
- c the user-to-user service or search service is available only to a closed group of people comprising some or all of the following—
- i where P is an individual or individuals, that individual or those individuals,
- ii where P is an entity, officers of P,
- iii persons who work for P (including as employees or volunteers) for the purposes of any activities of the business (or any of the businesses) in question, and
- iv any other persons authorised by a person within sub-paragraph (i), (ii) or (iii) to use the service for the purposes of any activities of the business (or any of the businesses) in question (for example, a contractor, consultant or auditor, or in the case of an educational institution, pupils or students).
- “business” includes trade, profession, educational institution or other concern (whether or not carried on for profit);
- “officer” includes a director, manager, partner, associate, secretary, governor, trustee or other similar officer.
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).
- a the conditions in paragraph 7(2) are met in relation to a part of the service,
- b no user-generated content is enabled by the rest of the service, and
- c no regulated provider pornographic content is published or displayed on the rest of the service.
- a the conditions in paragraph 7(2) are met in relation to a part of the service,
- b the only user-generated content enabled by the rest of the service is—
- c no regulated provider pornographic content is published or displayed on the rest of the service.
- a the conditions in paragraph 7(2) are met in relation to a part of the service that is a search engine,
- b the service does not include a public search engine, and
- c no regulated provider pornographic content is published or displayed on the rest of the service.
- “public search engine” means a search engine other than one in relation to which the conditions in paragraph 7(2) are met;
- “the rest of the service” means all parts of the user-to-user service or search service other than the part in relation to which the conditions in paragraph 7(2) are met.
Paragraph 9 — Services provided by public bodies
Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-29).
- a both of the following conditions are met in relation to the service—
- b the provider of the service is Parliament, either House of Parliament, the Scottish Parliament, Senedd Cymru, the Northern Ireland Assembly or a person acting on behalf of any of those institutions,
- c the provider of the service is a foreign sovereign power, or
- d both of the following conditions are met in relation to the service—
- a the provider of the service is a person providing education or childcare, and
- b the service is provided for the purposes of that education or childcare. See paragraph 10 for an exemption for services provided by persons providing education or childcare of particular descriptions.
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).
- a the provider of the service is—
- i the person with legal responsibility for education or childcare of a description listed in Part 2 of this Schedule (“the responsible person”), or where the responsible person is a body, a member of that body, or
- ii a person who is employed or engaged to provide education or childcare of a description listed in Part 2 of this Schedule, and who is subject to safeguarding duties which relate to the provision of that education or childcare, and
- b the service is provided for the purposes of that education or childcare.
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—
- “enactment” includes—an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978),an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament,an enactment contained in, or in an instrument made under, a Measure or Act of Senedd Cymru, andan enactment contained in, or in an instrument made under, Northern Ireland legislation;
- an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978),
- an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament,
- an enactment contained in, or in an instrument made under, a Measure or Act of Senedd Cymru, and
- an enactment contained in, or in an instrument made under, Northern Ireland legislation;
- “regulated provider pornographic content” and “published or displayed” have the same meaning as in Part 5 (see section 79);
- “user-generated content” has the meaning given by section 55 (see subsections (3) and (4) of that section).
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—
- a an Academy school, within the meaning of section 1A of the Academies Act 2010;
- b an alternate provision Academy, within the meaning of section 1C of that Act;
- c a maintained school, within the meaning of the School Standards and Framework Act 1998 (see section 20(7) of that Act);
- d a non-maintained special school, being a school that is approved under section 342 of the Education Act 1996;
- e an independent educational institution registered on the register maintained under section 95 of the Education and Skills Act 2008;
- f a pupil referral unit, within the meaning of section 19 of the Education Act 1996.
Paragraph 18 — England
Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-29).
Education in—
- a an institution in England within the further education sector, within the meaning of the Further and Higher Education Act 1992 (see section 91(3) of that Act);
- b a 16 to 19 Academy, within the meaning of section 1B of the Academies Act 2010;
- c a special post-16 institution, within the meaning of Part 3 of the Children and Families Act 2014 (see section 83(2) of that Act).
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—
- a that is a provider of post-16 education or training carried on, or partly carried on, in England—
- b that is not—
- i an employer who only provides such education or training to its employees,
- ii a 16 to 19 Academy (within the meaning of section 1B of the Academies Act 2010),
- iii a school,
- iv a local authority in England,
- v an institution within the further education sector (within the meaning given by section 91(3) of the Further and Higher Education Act 1992), or
- vi a higher education provider (within the meaning given by section 83(1) of the Higher Education and Research Act 2017).
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—
- “combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;
- “school” has the meaning given by section 4(1) of the Education Act 1996.
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—
- a a school, or
- b a hostel used mainly by pupils attending a school; and in this paragraph “school” has the same meaning as in the Education (Scotland) Act 1980 (see section 135(1) of that Act).
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).
- a funded or otherwise secured by the Commission for Tertiary Education and Research,
- b funded or otherwise secured by the Welsh Ministers, or
- c funded by a local authority in Wales (within the meaning of section 579(1) of the Education Act 1996).
- a an institution in Wales within the higher education sector, within the meaning of the Further and Higher Education Act 1992 (see section 91(5) of that Act), or
- b a person who is a provider of such education or training only by reason of providing it to the person’s employees.
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”—
- a in relation to provision in England, has same meaning as in the Childcare Act 2006 (see section 18 of that Act);
- b in relation to provision in Scotland, means early learning and childcare within the meaning of Part 6 of the Children and Young People (Scotland) Act 2014 (see section 46 of that Act), and any form of care provided outside school hours or during school holidays to children who are in attendance at an educational establishment (and in this paragraph, “educational establishment” has the same meaning as in the Education (Scotland) Act 1980 (see section 135(1) of that Act));
- c in relation to provision in Wales, means anything that amounts to child minding or day care for children for the purposes of Part 2 of the Children and Families (Wales) Measure 2010 (see section 19(2) to (4) of that Measure), and any form of care provided by a school outside school hours or during school holidays (and in this paragraph “school” has the same meaning as in the Education Act 1996 as it applies in relation to Wales (see section 4 of that Act));
- d in relation to provision in Northern Ireland, means anything that amounts to child minding or day care for the purposes of Part 11 of the Children (Northern Ireland) Order 1995, and any form of care provided by a school outside school hours or during school holidays (and in this paragraph “school” has the same meaning as in the Education and Libraries (Northern Ireland) Order (see Article 2(2) of that Order)).
Paragraph 47
Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-29).
“Education”—
- a in relation to provision in England, Wales and Scotland, means primary education, secondary education, further education or higher education;
- b in relation to provision in Northern Ireland, means primary education, secondary education, further education, higher education or education in agriculture and related subjects.
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”—
- a in relation to provision in England and Wales, has the same meaning as in the Education Act 1996 (see section 2 of that Act);
- b in relation to provision in Scotland, has the same meaning as in Part 1 of the Further and Higher Education (Scotland) Act 1992 (see sections 1(3) and 6 of that Act);
- c in relation to provision in Northern Ireland, has the same meaning as in the Further Education (Northern Ireland) Order 1997 (see Article 3 of that Order).
Paragraph 50
Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-29).
“Higher education”—
- a in relation to provision in England and Wales, has the same meaning as in the Education Act 1996 (see section 579(1) of that Act);
- b in relation to provision in Scotland, has the same meaning as in Part 2 of the Further and Higher Education (Scotland) Act 1992 (see section 38 of that Act);
- c in relation to provision in Northern Ireland, means—
- i “higher education” within the meaning of the Further Education (Northern Ireland) Order 1997 (see Article 2(2) of that Order), and
- ii any other education provided by a higher education institution within the meaning of the Education and Libraries (Northern Ireland) Order 1993 (S.I. 1993/2810 (N.I. 12)) (see Article 30 of that Order).
Paragraph 51
Verbatim from legislation.gov.uk (consolidated text, valid as at 2026-06-29).
“Primary education” and “secondary education”—
- a in relation to provision in England and Wales, have the same meaning as in the Education Act 1996 (see section 2 of that Act);
- b in relation to provision in Scotland, have the same meaning as in the Education (Scotland) Act 1980 (see section 135(2) of that Act);
- c in relation to provision in Northern Ireland, have the same meaning as in the Education and Libraries (Northern Ireland) Order 1986 (see Article 2(2) of that Order).
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