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29.—(1) An enforcer has no power to make an application under regulation 11 in respect of a service provider doing anything in the course of providing so much of an information society service as consists in—
(a)the provision of access to an electronic communications network; or
(b)the transmission in an electronic communications network of information provided by a recipient of the service.
(2) Paragraph (1) applies only if the service provider does not—
(a)initiate the transmission;
(b)select the recipient of the transmission; or
(c)select or modify the information contained in the transmission.
(3) For the purposes of paragraph (1), the provision of access to an electronic communications network and the transmission of information in the electronic communications network includes the automatic, intermediate and transient storage of the information transmitted so far a the storage is solely for the purpose of carrying out the transmission in the network.
(4) Paragraph (3) does not apply if the information is stored for longer than is reasonably necessary for the transmission.
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