SCHEDULES

F1SCHEDULE 8AOffence under section 58A: supplementary provisions

Annotations:
Amendments (Textual)
F1

Sch. 8A inserted (16.2.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 76(4), 100(5), Sch. 8 (with s. 101(2)); S.I. 2009/58, art. 2(d)

Interpretation

7

1

In this Schedule—

  • F4" the E-Commerce Directive " means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce in the Internal Market ;

  • “ information society services ”—

    1. a

      has the meaning given in Article 2(a) of the E-Commerce Directive (which refers to Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations), and

    2. b

      is summarised in recital 17 of the E-Commerce Directive as covering “any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service”;

  • “ recipient ”, in relation to a service, means any person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible;

  • “ service provider ” means a person providing an information society service.

2

For the purposes of this Schedule whether a service provider is established in F5an EEA state shall be determined in accordance with the following provisions—

a

a service provider is established in F3a particular EEA state if the service provider—

i

effectively pursues an economic activity using a fixed establishment in F6that EEA state for an indefinite period, and

ii

is a national of an EEA state or a company or firm mentioned in F2Article 54 of the Treaty on the Functioning of the European Union ;

b

the presence or use in a particular place of equipment or other technical means of providing an information society service does not, of itself, constitute the establishment of a service provider;

c

where it cannot be determined from which of a number of establishments a given information society service is provided, that service is to be regarded as provided from the establishment at the centre of the service provider's activities relating to that service.