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Enterprise Act 2002, Section 234 is up to date with all changes known to be in force on or before 29 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(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 [F1(within the meaning of paragraph 17 of Schedule 3A to the Communications Act 2003 (the electronic communications code)) for sharing the use of electronic communications 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 (28.12.2017) by Digital Economy Act 2017 (c. 30), s. 118(6), Sch. 3 para. 44; S.I. 2017/1286, reg. 2(d)
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