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The Electronic Commerce Directive (Terrorism Act 2006) Regulations 2007

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Internal market: UK service providers

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3.—(1) If—

(a)in the course of providing information society services, a service provider established in the United Kingdom does anything in an EEA state other than the United Kingdom, and

(b)his action, if done in a part of the United Kingdom, would constitute a relevant offence,

he shall be guilty in that part of the United Kingdom of the offence.

(2) If paragraph (1) applies—

(a)proceedings for the offence may be taken at any place in the United Kingdom; and

(b)the offence may for all incidental purposes be treated as having been committed at any such place.

(3) Paragraph (1) does not apply to a case to which section 17 of the Act applies.

(4) If a person commits a relevant offence only by virtue of paragraph (1) he is liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding two years;

(b)on summary conviction, to imprisonment for a term not exceeding the appropriate period or to a fine not exceeding the appropriate amount.

(5) The appropriate period is—

(a)in the case of a conviction in England and Wales if the offence is committed after the commencement of section 154(1) of the Criminal Justice Act 2003(1), 12 months;

(b)in any other case, three months.

(6) The appropriate amount is—

(a)if calculated on a daily basis, £100 per day;

(b)if not calculated on a daily basis, level 5 on the standard scale.

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