Textual Amendments
F1Sch. 8A inserted (16.2.2009) by Counter-Terrorism Act 2008 (c. 28), ss. 76(4), 100(5), Sch. 8 (with s. 101(2)); S.I. 2009/58, art. 2(d)
3(1)This paragraph applies where a service provider is established in an EEA state F2... (a “non-UK service provider”).U.K.
(2)Proceedings for an offence under section 58A must not be brought against a non-UK service provider in respect of anything done in the course of the provision of information society services unless the following conditions are met.
(3)The conditions are—
(a)that the bringing of proceedings is necessary for one of the following reasons—
(i)public policy,
(ii)public security, including the safeguarding of national security and defence;
(b)that the proceedings are brought against an information society service that prejudices the objectives referred to in paragraph (a) or presents a serious and grave risk of prejudice to those objectives;
(c)that the bringing of the proceedings is proportionate to those objectives.]
Textual Amendments
F2Words in Sch. 8A para. 3(1) omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 5(8)(c); 2020 c. 1, Sch. 5 para. 1(1)