2019 No. 87
The Electronic Commerce (Amendment etc.) (EU Exit) Regulations 2019
Sift requirements satisfied
Made
Laid before Parliament
Coming into force in accordance with regulation 1
The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21(b) of Schedule 7 to, the European Union (Withdrawal) Act 20181.
The requirements of paragraph 3(2) of Schedule 7 to that Act (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.
PART 1Introduction
Citation, commencement and extent
1
These Regulations may be cited as the Electronic Commerce (Amendment etc.) (EU Exit) Regulations 2019 and come into force on exit day.
2
An amendment or revocation made by these Regulations has the same extent as the provision amended or revoked.
PART 2Amendment of subordinate legislation
Amendment of the Electronic Commerce (EC Directive) Regulations 20023
1
The Electronic Commerce (EC Directive) Regulations 20022 are amended as follows.
2
In regulation 2 (interpretation), in paragraph (1)—
a
omit the definition of “the Commission”;
b
in the definition of “established service provider”—
i
for the words from “means a service provider who is” to “and who effectively pursues an economic activity” substitute—
means a service provider who is—
- a
a national of the United Kingdom or a member State, or
- b
a company or firm as mentioned in Article 54 of the Treaty,
and who effectively pursues an economic activity;
ii
before the words “a member State for an indefinite period” insert “the United Kingdom or”;
c
after the definition of “member State”, insert—
“a national of the United Kingdom” means—
- a
a British citizen;
- b
a person who is a British subject by virtue of Part 4 of the British Nationality Act 19813 and who has a right of abode in the United Kingdom; or
- c
a person who is a British overseas territories citizen by virtue of a connection with Gibraltar;
d
for the definition of “regulated profession”, substitute—
“regulated profession” has the meaning given in regulation 8(1) of the European Union (Recognition of Professional Qualifications) Regulations 20154;
3
In regulation 2 (interpretation), after paragraph (3), insert—
4
For the purposes of the definition of “established service provider” in paragraph (1), Article 54 of the Treaty is to be read as if the United Kingdom were a member State.
4
In regulation 4 (internal market)—
a
omit paragraphs (1) and (2);
b
in paragraph (3), omit “other than the United Kingdom”;
c
in paragraph (4), for “Paragraphs (1), (2) and (3)”, substitute “Paragraph (3)”;
d
in paragraph (5), for “another”, substitute “a”;
e
after paragraph (6), insert—
7
In paragraph (5), “Community acts” means Community acts as existed immediately before exit day.
f
in the heading, for “Internal market”, substitute “Non-UK service providers – restriction on application of requirements”.
5
In regulation 5 (derogations from regulation 4), omit paragraphs (4) to (7).
6
In regulation 6 (general information to be provided by a person providing an information society service), in paragraph (1)—
a
in sub-paragraph (f)(ii), after “his professional title and”, insert “whether that title has been granted in the United Kingdom, or if not,”;
b
in sub-paragraph (f)(iii), after “service provider in the”, insert “United Kingdom or”.
7
In regulation 10 (other information requirements), for the words from “legislation” to the end, substitute “retained EU law”.
8
In the Schedule, in paragraph 4, after “mandatory formal requirements”, insert “under the applicable law of the United Kingdom, or any part of it, (where the real estate is situated in the United Kingdom), or”.
Amendment of the Electronic Commerce Directive (Miscellaneous Provisions) Regulations 20184
1
The Electronic Commerce Directive (Miscellaneous Provisions) Regulations 20185 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”.
(This note is not part of the Regulations)