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(a)in the course of providing information society services, a service provider established in England and Wales does anything in an EEA state other than the United Kingdom, and
(b)his action, if done in England and Wales, would constitute a relevant offence,
he shall be guilty in England and Wales of the offence.
(2) If paragraph (1) applies—
(a)proceedings for the offence may be taken at any place in England and Wales; and
(b)the offence may for all incidental purposes be treated as having been committed at any such place.
(3) 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; and
(b)on summary conviction, to imprisonment for a term not exceeding the appropriate period or to a fine not exceeding the appropriate amount.
(4) The appropriate period is—
(a)in the case of a conviction for an offence committed after the commencement of section 154(1) of the Criminal Justice Act 2003(1), 12 months;
(b)in any other case, 3 months.
(5) 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.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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