SCHEDULES

F1SCHEDULE 11BOFFENCE UNDER SECTION 141G: SUPPLEMENTARY PROVISIONS

Annotations:
Amendments (Textual)
F1

Sch. 11B inserted (1.10.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 4; S.I. 2012/2213, art. 3

Interpretation

7

1

In this Schedule—

  • “information society services”—

    1. a

      has the meaning given in Article 2(a) of the E-Commerce Directive (which refers to Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations), and

    2. b

      is summarised in recital 17 of the E-Commerce Directive as covering “any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service”;

  • “recipient”, in relation to a service, means any person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible;

  • “service provider” means a person providing an information society service.

2

For the purpose of construing references in this Schedule to a service provider who is established in England and Wales or in an EEA state other than the United Kingdom—

a

a service provider is established in England and Wales, or in an EEA state other than the United Kingdom, if the service provider—

i

effectively pursues an economic activity using a fixed establishment in England and Wales, or in that EEA state, for an indefinite period, and

ii

is a national of an EEA state or a company or firm mentioned in F2Article 54 of the Treaty on the Functioning of the European Union;

b

the presence or use in a particular place of equipment or other technical means of providing an information society service does not, of itself, constitute the establishment of a service provider;

c

where it cannot be determined from which of a number of establishments a given information society service is provided, that service is to be regarded as provided from the establishment at the centre of the service provider's activities relating to that service.