SCHEDULES
F1SCHEDULE 8AOffence under section 58A: supplementary provisions
Non-UK service providers: restriction on proceedings
3
1
This paragraph applies where a service provider is established in an EEA state F2... (a “non-UK service provider”).
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.
Sch. 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)