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Psychoactive Substances Act 2016

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This is the original version (as it was originally enacted).

PART 3INTERPRETATION

10In this Schedule—

  • “established”, in relation to a service provider, is to be read in accordance with paragraph 11;

  • “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 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;

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

  • “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).

11(1)A service provider is “established” in a particular part of the United Kingdom, or in a particular EEA state, if the service provider—

(a)effectively pursues an economic activity using a fixed establishment in that part of the United Kingdom, or that EEA state, for an indefinite period, and

(b)is a national of an EEA state or a company or firm mentioned in Article 54 of the Treaty on the Functioning of the European Union.

(2)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.

(3)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.

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