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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Revised 1 May 2008