The Operation of Air Services in the Community (Pricing etc.) Regulations 2013

Exception for caching

This section has no associated Explanatory Memorandum

30.—(1) This regulation applies where an information society service consists in the transmission in an electronic communications network of information provided by a recipient of the service.

(2) An enforcer has no power to make an application under regulation 11 in respect of a service provider doing anything in connection with the automatic, intermediate and temporary storage of information so provided if—

(a)the storage of the information is solely for the purpose of making more efficient the onward transmission of the information to other recipients of the service at their request, and

(b)the condition in paragraph (3) is satisfied.

(3) The condition is that the service provider—

(a)does not modify the information;

(b)complies with such conditions as are attached to having access to the information; and

(c)(where paragraph (4) applies) expeditiously removes the information or disables access to it.

(4) This paragraph applies if the service provider obtains actual knowledge that—

(a)the information at the initial source of the transmission has been removed from the network;

(b)access to it has been disabled; or

(c)a court or administrative authority has required the removal from the network of, or the disablement of access to, the information.