Sch. 4 para. 7 in force at 26.5.2016 by S.I. 2016/553, reg. 2
Sch. 4 para. 7(5)(b) and word 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)(d)(i); 2020 c. 1, Sch. 5 para. 1(1)
Sch. 4 para. 7(6) 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)(d)(ii); 2020 c. 1, Sch. 5 para. 1(1)
Words in Sch. 4 para. 7(7) 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)(d)(iii)(aa); 2020 c. 1, Sch. 5 para. 1(1)
Words in Sch. 4 para. 7(7) substituted (31.12.2020) by The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 17(3)(d)(iii)(bb); 2020 c. 1, Sch. 5 para. 1(1)
Words in Sch. 4 para. 7(8) 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)(d)(iv); 2020 c. 1, Sch. 5 para. 1(1)
This paragraph applies where—
a person proposes to give a prohibition notice,
a person makes an application for a prohibition order under section 18, or
a person mentioned in subsection (1)(a) or (2) of section 28 makes an application under that section for the variation of a prohibition order.
The prohibition notice or prohibition order may include terms which restrict the freedom of a non-UK service provider to provide information society services in relation to an EEA state only if conditions A and B are met.
Condition A is that the relevant person considers that the terms—
are necessary for the purposes of the public interest objective,
relate to an information society service that prejudices that objective or presents a serious and grave risk of prejudice to that objective, and
are proportionate to that objective.
In sub-paragraph (3)—
“
in relation to a prohibition notice, the person giving the notice;
in relation to a prohibition order, the court making or varying the order;
“
Condition B is that—
the relevant enforcement authority has requested the EEA state in which the service provider is established to take measures which the authority considers to be of equivalent effect under the law of the EEA state to the terms and the EEA state has failed to take the measures,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In the case of a prohibition order, it does not matter for the purposes of sub-paragraph (5) whether the request
In this paragraph—
“
“
in the case of a prohibition notice to be given by a constable, the chief officer of police or chief constable (as the case may be) of the police force of which the constable is a member;
in the case of a prohibition notice to be given by a designated NCA officer, the Director General of the National Crime Agency;
in the case of a prohibition notice to be given by a general customs official, the Secretary of State by whom general customs functions are exercisable;
in the case of a prohibition notice to be given by a local authority, that local authority;
in the case of a prohibition order, the person applying for the order or for the variation of the order (as the case may be).