234 Supply of servicesU.K.
(1)References in this Part to the supply of services must be construed in accordance with this section.
(2)The supply of services does not include the provision of services under a contract of service or of apprenticeship whether it is express or implied and (if it is express) whether it is oral or in writing.
(3)The supply of services includes—
(a)performing for gain or reward any activity other than the supply of goods;
(b)rendering services to order;
(c)the provision of services by making them available to potential users.
(4)The supply of services includes making arrangements for the use of computer software or for granting access to data stored in any form which is not readily accessible.
(5)The supply of services includes making arrangements by means of a relevant agreement (within the meaning of [F1paragraph 29 of Schedule 2 to the Telecommunications Act 1984]) for sharing the use of telecommunications apparatus.
(6)The supply of services includes permitting or making arrangements to permit the use of land in such circumstances as the Secretary of State specifies by order.
(7)The power to make an order under subsection (6) must be exercised by statutory instrument.
(8)But no such order may be made unless a draft of it has been laid before Parliament and approved by a resolution of each House.
Textual Amendments
F1Words in s. 234(5) substituted (25.7.2003 for certain purposes and 29.12.2003 for certain purposes) by Communications Act 2003 (c. 21), ss. 406(1), 411(2)(3), Sch. 17 para. 174(6) (with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with arts. 3-6 (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)