Version Superseded: 29/07/2021
Point in time view as at 27/06/2011.
There are currently no known outstanding effects for the Coroners and Justice Act 2009, Paragraph 2.
2(1)This paragraph applies where a service provider is established in an EEA state other than the United Kingdom (a “non-UK service provider”).E+W+N.I.
(2)Proceedings for an offence under section 62(1) 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 satisfied.
(3)The derogation condition is satisfied where the institution of 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.
(4)“The public interest objective” means the pursuit of public policy.
Commencement Information
I1Sch. 13 para. 2 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 16
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