PART 12Interpretation and final provisions

Interpretation

I1227“User”, “United Kingdom user” and “interested person”

1

For the purposes of this Act a user is a “United Kingdom user” of a service if—

a

where the user is an individual, the individual is in the United Kingdom;

b

where the user is an entity, the entity is incorporated or formed under the law of any part of the United Kingdom.

2

For the purposes of references in this Act to a user of a service it does not matter whether a person is registered to use a service.

3

References in this Act to a user of a service do not include references to any of the following when acting in the course of the provider’s business—

a

where the provider of the service is an individual or individuals, that individual or those individuals;

b

where the provider is an entity, officers of the entity;

c

persons who work for the provider (including as employees or volunteers);

d

any other person providing a business service to the provider such as a contractor, consultant or auditor.

4

In subsection (3)acting in the course of the provider’s business” means (as the case may be)—

a

acting in the course of the provider’s business of providing the service, or

b

acting in the course of a business, trade, profession or other concern—

i

carried on (whether or not for profit) by the provider of the service, and

ii

for the purposes of which the service is provided.

5

In subsections (1) to (4)service” (except in the term “business service”) means internet service, user-to-user service or search service.

6

In subsection (3)officer” includes a director, manager, partner, associate, secretary or other similar officer.

7

In this Act “interested person”, in relation to a search service or a combined service, means a person that is responsible for a website or database capable of being searched by the search engine, provided that—

a

in the case of an individual, the individual is in the United Kingdom;

b

in the case of an entity, the entity is incorporated or formed under the law of any part of the United Kingdom.