Version Superseded: 31/12/2020
Point in time view as at 01/12/2020.
There are currently no known outstanding effects for the Psychoactive Substances Act 2016, Cross Heading: Non-UK service providers: restriction on institution of proceedings.
2(1)Proceedings for an offence under section 5(2) 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 met.U.K.
(2)The derogation condition is that taking 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.
(3)In this paragraph—
“non-UK service provider” means a service provider established in an EEA state other than the United Kingdom;
“the public interest objective” means the pursuit of public policy.
Commencement Information
I1Sch. 4 para. 2 in force at 26.5.2016 by S.I. 2016/553, reg. 2
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.
