The Electronic Commerce (Amendment etc.) (EU Exit) Regulations 2019

Amendment of the Electronic Commerce Directive (Miscellaneous Provisions) Regulations 2018

4.—(1) The Electronic Commerce Directive (Miscellaneous Provisions) Regulations 2018(1) are amended as follows.

(2) In regulation 1 (citation, commencement and extent), for paragraph (2), substitute—

“(2) Subject to paragraph (3), these Regulations extend to the United Kingdom.”.

(3) In regulation 2 (interpretation)—

(a) in paragraph (1), omit the definition of “extreme pornography offence”;

(b) in paragraph (2)(a)—

(i) omit “in a particular part of the United Kingdom or”;

(ii) omit “other than the United Kingdom”;

(iii) omit “that part of the United Kingdom or”;

(iv) after “is a national of”, insert “the United Kingdom or”;

(c) after paragraph (2), insert—

“(3) For the purposes of paragraph (2)(a)—

(a) “a national of the United Kingdom” means—

(i) a British citizen;

(ii) a person who is a British subject by virtue of Part 4 of the British Nationality Act 1981 and who has a right of abode in the United Kingdom; or

(iii) a person who is a British overseas territories citizen by virtue of a connection with Gibraltar;

(b) Article 54 of the Treaty on the Functioning of the European Union is to be read as if the United Kingdom were a member State.”.

(4) Omit regulation 3 (internal market – service providers established in Scotland).

(5) Omit regulation 4 (internal market – service providers established in England and Wales).

(6) Omit regulation 5 (internal market – service providers established in Northern Ireland).

(7) In regulation 6 (non-UK service providers – restriction on institution of proceedings), in paragraph (5), omit “other than the United Kingdom”.

(1)

S.I. 2018/477.