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Notices of Amendments: 30th April 2008                  

146

 

Counter-Terrorism Bill, continued

 
 

“recipient”, in relation to a service, means any person who, for

 

professional ends or otherwise, uses an information society service,

 

in particular for the purposes of seeking information or making it

 

accessible;

 

“service provider” means a person providing an information society

 

service.

 

      (2)  

For the purposes of this Schedule whether a service provider is

 

established in the United Kingdom, or in some other EEA state,

 

shall be determined in accordance with the following provisions—

 

(a)    

a service provider is established in the United Kingdom, or

 

in a particular EEA state, if the service provider—

 

(i)    

effectively pursues an economic activity using a

 

fixed establishment in the United Kingdom, or that

 

EEA state, for an indefinite period, and

 

(ii)    

is a national of an EEA state or a company or firm

 

mentioned in Article 48 of the EEC Treaty;

 

(b)    

the presence or use in a particular place of equipment or

 

other technical means of providing an information society

 

service does not, of itself, constitute the establishment of a

 

service provider;

 

(c)    

where it cannot be determined from which of a number of

 

establishments a given information society service is

 

provided, that service is to be regarded as provided from

 

the establishment at the centre of the service provider’s

 

activities relating to that service.”.’.

 


 
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