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Make
it a requirement for the providers of goods and services and
the |
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providers of specified facilities
enabling the purchase of such goods and |
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services to take reasonable
steps, in certain circumstances, to establish the age |
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of customers making such
purchases remotely; and for connected purposes. |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled,
and by the authority of the same, as follows:— |
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1 |
Provision
of age-restricted goods and services |
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(1) |
A company, organisation
or individual which is engaged in the sale or |
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provision by means of any
electronic communications networks of such age- |
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restricted goods and services
as shall be prescribed by regulations made by the |
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Secretary of State shall
take all reasonable steps to determine that the person |
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purchasing or otherwise
obtaining access to such goods and services meets the |
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specifications of the relevant
age restriction. |
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(2) |
In prescribing the list
of goods and services which are the subject of this Act the
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Secretary of State shall
have regard to, but shall not be limited to, any goods |
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and services for which
an age restriction is prescribed by law and any age |
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restrictions which are
prescribed by any statutory body. |
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(3) |
The Secretary of State
shall publish, at least once in each calendar year, advice |
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or guidance on how companies,
organizations or individuals might discharge |
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their obligations under
subsection (1). |
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(4) |
In this section “electronic
communications networks” has the meaning given |
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by section 32 of the Communications
Act 2003 (c. 21) (meaning of electronic |
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communications networks
and services). |
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Any company, organization
or individual which fails to comply with the |
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provisions of section 1
commits an offence and shall be liable on summary |
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conviction to a fine not
exceeding the statutory maximum. |
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(1) |
Any power of the Secretary
of State under this Act to make regulations or an |
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order is exercisable by
statutory instrument. |
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(2) |
Any regulations made under
this Act shall be laid before Parliament after |
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being made and shall be
subject to annulment in pursuance of a resolution of |
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either House of Parliament. |
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4 |
Short
title, commencement and extent |
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(1) |
This Act may be cited
as the Online Purchasing of Goods and Services (Age |
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(2) |
This Act shall come into
force on such day as the Secretary of State may by |
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(3) |
This Act extends to Northern
Ireland. |
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