Terrorism Act 2000

[F1InterpretationU.K.

Textual Amendments

F1Sch. 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)

7(1)In this Schedule—U.K.

  • [F2" 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 ”—

    (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

    (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 [F3an EEA state] shall be determined in accordance with the following provisions—

(a)a service provider is established in [F4a particular EEA state] if the service provider—

(i)effectively pursues an economic activity using a fixed establishment in [F5that EEA state] for an indefinite period, and

(ii)is a national of an EEA state or a company or firm mentioned in [F6Article 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.]