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| | “recipient”, in relation to a service, means any person who, for |
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| | professional ends or otherwise, uses an information society service, |
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| | in particular for the purposes of seeking information or making it |
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| | “service provider” means a person providing an information society |
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| | (2) | For the purposes of this Schedule whether a service provider is |
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| | established in the United Kingdom, or in some other EEA state, |
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| | shall be determined in accordance with the following provisions— |
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| | (a) | a service provider is established in the United Kingdom, or |
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| | in a particular EEA state, if the service provider— |
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| | (i) | effectively pursues an economic activity using a |
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| | fixed establishment in the United Kingdom, or that |
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| | EEA state, for an indefinite period, and |
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| | (ii) | is a national of an EEA state or a company or firm |
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| | mentioned in Article 48 of the EEC Treaty; |
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| | (b) | the presence or use in a particular place of equipment or |
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| | other technical means of providing an information society |
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| | service does not, of itself, constitute the establishment of a |
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| | (c) | where it cannot be determined from which of a number of |
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| | establishments a given information society service is |
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| | provided, that service is to be regarded as provided from |
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| | the establishment at the centre of the service provider’s |
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| | activities relating to that service.”.’. |
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