Search Legislation

The Electronic Commerce Directive (Miscellaneous Provisions) Regulations 2018

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Internal market – service providers established in Scotland

This section has no associated Explanatory Memorandum

3.—(1) If—

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

(b)that act, if done in Scotland, would constitute any of the offences specified in paragraph (2),

that service provider is guilty in Scotland of that offence.

(2) The offences referred to in paragraph (1)(b) are—

(a)the children’s hearings publishing restrictions offence;

(b)the extreme pornography offence;

(c)the fatal accident inquiries publishing restrictions offence;

(d)the intimate images offence;

(e)the threatening communications offence.

(3) Paragraph (4) applies to a service provider established in Scotland (“a Scottish service provider”) who:

(a)is not a UK national;

(b)at the time of the offence was not habitually resident in Scotland; and

(c)is not a body incorporated under the law of a part of the United Kingdom.

(4) A Scottish service provider acting in the course of providing information society services commits the human trafficking (Scotland) offence if—

(a)any part of the relevant action takes place in an EEA state other than the United Kingdom; or

(b)the relevant action is taken with a view to a person arriving in or entering into, departing from, or travelling within, an EEA state other than the United Kingdom.

(5) For the purposes of paragraph (4), “relevant action” has the meaning given in section 1(2) of the Human Trafficking and Exploitation (Scotland) Act 2015.

(6) If paragraph (1) or (4) applies—

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

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

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

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 and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources