Psychoactive Substances Act 2016 (c. 2)

SCHEDULES

SCHEDULE 4 U.K. PROVIDERS OF INFORMATION SOCIETY SERVICES

PART 1 U.K. OFFERING TO SUPPLY A PSYCHOACTIVE SUBSTANCE

Domestic service providers: extension of liability U.K.

F1 1 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 4 para. 1 omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 17(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

Non-UK service providers: restriction on institution of proceedings U.K.

2 (1) Proceedings for an offence under section 5(2) may not be instituted against a non-UK service provider in respect of anything done in the course of the provision of information society services unless the derogation condition is met. U.K.

(2) The derogation condition is that taking proceedings—

(a) is necessary for the purposes of the public interest objective,

(b) relates to an information society service that prejudices that objective or presents a serious and grave risk of prejudice to that objective, and

(c) is proportionate to that objective.

(3) In this paragraph—

• “non-UK service provider” means a service provider established in an EEA state F2 ...;

• “the public interest objective” means the pursuit of public policy.

Textual Amendments

F2 Words in Sch. 4 para. 2(3) omitted (31.12.2020) by virtue of The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 17(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I1 Sch. 4 para. 2 in force at 26.5.2016 by S.I. 2016/553, reg. 2

Exceptions for mere conduits U.K.

3 (1) A service provider does not commit an offence under section 5(2) by providing access to a communication network or by transmitting, in a communication network, information provided by a recipient of the service, if the service provider does not— U.K.

(a) initiate the transmission,

(b) select the recipient of the transmission, or

(c) select or modify the information contained in the transmission.

(2) For the purposes of sub-paragraph (1)—

(a) providing access to a communication network, and

(b) transmitting information in a communication network,

include the automatic, intermediate and transient storage of the information transmitted so far as the storage is solely for the purpose of carrying out the transmission in the network.

(3) Sub-paragraph (2) does not apply if the information is stored for longer than is reasonably necessary for the transmission.

Commencement Information

I2 Sch. 4 para. 3 in force at 26.5.2016 by S.I. 2016/553, reg. 2

Exception for caching U.K.

4 (1) A service provider does not commit an offence under section 5(2) by storing information provided by a recipient of the service for transmission in a communication network if the first and second conditions are met. U.K.

(2) The first condition is that the storage of the information—

(a) is automatic, intermediate and temporary, and

(b) is solely for the purpose of making more efficient the onward transmission of the information to other recipients of the service at their request.

(3) The second condition is that the service provider—

(a) does not modify the information,

(b) complies with any conditions attached to having access to the information, and

(c) if sub-paragraph (4) applies, promptly removes the information or disables access to it.

(4) This sub-paragraph applies if the service provider obtains actual knowledge that—

(a) the information at the initial source of the transmission has been removed from the network,

(b) access to it has been disabled, or

(c) a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information.

Commencement Information

I3 Sch. 4 para. 4 in force at 26.5.2016 by S.I. 2016/553, reg. 2

Exception for hosting U.K.

5 (1) A service provider does not commit an offence under section 5(2) by storing information provided by a recipient of the service if— U.K.

(a) the service provider had no actual knowledge when the information was provided that its provision constituted an offence under section 5(2), or

(b) on obtaining actual knowledge that the provision of the information constituted such an offence, the service provider promptly removed the information or disabled access to it.

(2) Sub-paragraph (1) does not apply if the recipient of the service is acting under the authority or control of the service provider.

Commencement Information

I4 Sch. 4 para. 5 in force at 26.5.2016 by S.I. 2016/553, reg. 2