Female Genital Mutilation Act 2003 (c. 31)

[F1 SCHEDULE 1 E+W+N.I. Anonymity of victims

Textual Amendments

F1 Sch. 1 inserted (3.5.2015) by Serious Crime Act 2015 (c. 9), ss. 71(2), 88(4) (with s. 86(15))

Interpretation E+W+N.I.

9 (1) In this Schedule— E+W+N.I.

• 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 (Directive on electronic commerce);

• “ female genital mutilation offence ” means—

  (a)

  an offence under section 1, 2, 3 or 3A;

  (b)

  an offence of attempt or conspiracy to commit any such offence;

  (c)

  an offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) in relation to any such offence;

• “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”;

• F3 ...

• “ programme service ” has the same meaning as in the Broadcasting Act 1990 (see section 201(1) of that Act);

• “ prohibited material ” means any material the publication of which contravenes paragraph 1(2);

• “ publication ” includes any speech, writing, relevant programme or other communication (in whatever form) which is addressed to, or is accessible by, the public at large or any section of the public;

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

• “ relevant programme ” means a programme included in a programme service;

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

(2) For the purposes of the definition of “publication” in sub-paragraph (1)—

(a) an indictment or other document prepared for use in particular legal proceedings is not to be taken as coming within the definition;

(b) every relevant programme is to be taken as addressed to the public at large or to a section of the public.

F4 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F2 Words in Sch. 1 para. 9(1) omitted (29.7.2021) by virtue of The Criminal Justice (Electronic Commerce) (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/835), regs. 1, 5(c)(i)

F3 Words in Sch. 1 para. 9(1) omitted (29.7.2021) by virtue of The Criminal Justice (Electronic Commerce) (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/835), regs. 1, 5(c)(ii)

F4 Sch. 1 para. 9(3) omitted (29.7.2021) by virtue of The Criminal Justice (Electronic Commerce) (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/835), regs. 1, 5(d)