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Amendments to the Coroners Act (Northern Ireland) 1959 |
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1 | In the Coroners Act (Northern Ireland) 1959 (c. 15), for section 17 (witnesses |
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to be summoned) substitute— |
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“17A | Power to require evidence to be given or produced |
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(1) | A coroner who proceeds to hold an inquest may by notice require a |
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person to attend at a time and place stated in the notice and— |
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(a) | to give evidence at the inquest, |
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(b) | to produce any documents in the custody or under the |
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control of the person which relate to a matter that is relevant |
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(c) | to produce for inspection, examination or testing any other |
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thing in the custody or under the control of the person which |
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relates to a matter that is relevant to the inquest. |
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(2) | A coroner who is making any investigation to determine whether or |
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not an inquest is necessary, or who proceeds to hold an inquest, may |
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by notice require a person, within such period as the coroner thinks |
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(a) | to provide evidence to the coroner, about any matters |
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specified in the notice, in the form of a written statement, |
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(b) | to produce any documents in the custody or under the |
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control of the person which relate to a matter that is relevant |
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to the investigation or inquest, or |
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(c) | to produce for inspection, examination or testing any other |
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thing in the custody or under the control of the person which |
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relates to a matter that is relevant to the investigation or |
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(3) | A notice under subsection (1) or (2) shall— |
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(a) | explain the possible consequences, under subsection (6), of |
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not complying with the notice; |
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(b) | indicate what the recipient of the notice should do if he |
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wishes to make a claim under subsection (4). |
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(4) | A claim by a person that— |
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(a) | he is unable to comply with a notice under this section, or |
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(b) | it is not reasonable in all the circumstances to require him to |
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comply with such a notice, |
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| is to be determined by the coroner, who may revoke or vary the |
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(5) | In deciding whether to revoke or vary a notice on the ground |
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mentioned in subsection (4)(b), the coroner shall consider the public |
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interest in the information in question being obtained for the |
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purposes of the inquest, having regard to the likely importance of the |
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(6) | A coroner may impose a fine not exceeding £1000 on a person who |
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fails without reasonable excuse to do anything required by a notice |
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under subsection (1) or (2). |
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(7) | For the purposes of this section a document or thing is under a |
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person’s control if it is in the person’s possession or if he has a right |
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(8) | Nothing in this section shall prevent a person who has not been |
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given a notice under subsection (1) or (2) from giving or producing |
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any evidence, document or other thing. |
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17B | Giving or producing evidence: further provision |
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(1) | The power of a coroner under section 17A(6) is additional to, and |
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does not affect, any other power the coroner may have— |
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(a) | to compel a person to appear before him; |
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(b) | to compel a person to give evidence or produce any |
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(c) | to punish a person for contempt of court for failure to appear |
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or to give evidence or to produce any document or other |
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| But a person may not be fined under that section and also be |
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punished under any such other power. |
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(2) | A person may not be required to give or produce any evidence or |
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document under section 17A if— |
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(a) | he could not be required to do so in civil proceedings in a |
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court in Northern Ireland, or |
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(b) | the requirement would be incompatible with a Community |
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(3) | The rules of law under which evidence or documents are permitted |
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or required to be withheld on grounds of public interest immunity |
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apply in relation to an inquest as they apply in relation to civil |
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proceedings in a court in Northern Ireland. |
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17C | Offences relating to evidence |
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(1) | It is an offence for a person to do anything that is intended to have |
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(a) | distorting or otherwise altering any evidence, document or |
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other thing that is given or produced for the purposes of any |
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investigation or inquest under this Act, or |
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(b) | preventing any evidence, document or other thing from |
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being given or produced for the purposes of such an |
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investigation or inquest, |
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| or to do anything that the person knows or believes is likely to have |
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(2) | It is an offence for a person— |
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(a) | intentionally to suppress or conceal a document that is, and |
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that the person knows or believes to be, a relevant document, |
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(b) | intentionally to alter or destroy such a document. |
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(3) | For the purposes of subsection (2) a document is a “relevant |
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document” if it is likely that a coroner making any investigation or |
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holding an inquest would (if aware of its existence) wish to be |
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(4) | A person does not commit an offence under subsection (1) or (2) by |
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doing anything that is authorised or required— |
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(b) | by virtue of section 17B(2) or (3) or any privilege that applies. |
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(5) | Proceedings for an offence under subsection (1) or (2) may be |
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instituted only by or with the consent of the Director of Public |
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Prosecutions for Northern Ireland. |
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(6) | A person guilty of an offence under subsection (1) or (2) is liable on |
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summary conviction to a fine not exceeding level 3 on the standard |
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scale, or to imprisonment for a term not exceeding 6 months, or to |
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2 | Omit sections 19 (service of summonses) and 20 (provisions as to witnesses) |
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Certified inquest to be held without a jury |
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3 | After section 18 of that Act (requirement to summon jury in certain cases) |
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“18A | Certified inquest to be held without jury |
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(1) | The Secretary of State may certify an inquest if of the opinion that— |
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(a) | the inquest will concern or involve a matter that should not |
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be made public for any of the reasons set out in subsection (2), |
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(b) | no other measures would be adequate to prevent the matter |
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(a) | in order to protect the interests of— |
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(ii) | the relationship between the United Kingdom and |
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(iii) | preventing or detecting crime; |
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(b) | in order to protect the safety of a witness or other person; |
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(c) | otherwise in order to prevent real harm to the public interest. |
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(3) | Where a certification under this section has effect, the inquest must |
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be held or (as the case may be) continued without a jury, so that— |
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(a) | if a jury has not been summoned, the coroner must not cause |
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a jury to be summoned, and |
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(b) | if a jury has been summoned, the coroner must discharge the |
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(4) | Accordingly, the following do not apply in relation to the inquest |
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whilst the certification has effect— |
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(a) | the power under subsection (1) of section 13 or subsection (2) |
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of section 18 to hold the inquest or part of the inquest with a |
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(b) | the duty under subsection (1) of section 18 to hold the inquest |
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with a jury in the circumstances set out in that subsection. |
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(5) | A certification under this section has effect in relation to an inquest |
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until it is discontinued by the Secretary of State. |
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(6) | Where a certification is discontinued— |
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(a) | if subsection (1) of section 18 applies in relation to the inquest |
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in question, the coroner shall cause a jury to be summoned in |
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accordance with that subsection, and |
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(b) | otherwise, if it appears to the coroner that it is desirable to |
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summon a jury, the coroner may cause a jury to be |
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summoned in accordance with that subsection. |
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(7) | If a jury is summoned— |
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(a) | the coroner shall proceed in all respects as if the inquest had |
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not previously begun, and |
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(b) | the provisions of this Act apply accordingly as if that were |
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4 | In section 13 of that Act (power of coroner to hold inquest), in subsection (1), |
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after “sub-section (2)” insert “and section 18A”. |
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5 | In section 18 of that Act, after subsection (3) insert— |
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“(4) | This section is subject to section 18A.” |
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Encouraging or assisting suicide: providers of information society services |
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Domestic service providers: extension of liability |
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1 (1) | This paragraph applies where a service provider is established in England |
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and Wales (an “E&W service provider”). |
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(2) | Section 2 of the Suicide Act 1961 (c. 60) (criminal liability for complicity in |
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another’s suicide) applies to an E&W service provider who— |
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(a) | does an act, in an EEA state other than the United Kingdom, which |
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is capable of encouraging or assisting the suicide or attempted |
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suicide of another person and which is intended to encourage or |
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assist suicide or an attempt at suicide, and |
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(b) | does that act in the course of providing information society services, |
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| as well as to persons (of any description) who do such acts in England and |
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(3) | In the case of an offence under that section, as it applies to an E&W service |
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provider by virtue of sub-paragraph (2)— |
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(a) | proceedings for the offence may be taken at any place in England and |
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(b) | the offence may for all incidental purposes be treated as having been |
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committed at any such place. |
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(4) | Nothing in this paragraph is to be read as affecting the operation of any of |
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2 (1) | This paragraph applies where a service provider is established in Northern |
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Ireland (a “NI service provider”). |
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(2) | Section 13 of the Criminal Justice Act (Northern Ireland) 1966 (c. 20) |
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(criminal liability for complicity in another’s suicide) applies to a NI service |
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(a) | does an act, in an EEA state other than the United Kingdom, which |
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is capable of encouraging or assisting the suicide or attempted |
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suicide of another person and which is intended to encourage or |
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assist suicide or an attempt at suicide, and |
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(b) | does that act in the course of providing information society services, |
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| as well as to persons (of any description) who do such acts in Northern |
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(3) | In the case of an offence under that section, as it applies to a NI service |
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provider by virtue of sub-paragraph (2)— |
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(a) | proceedings for the offence may be taken at any place in Northern |
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(b) | the offence may for all incidental purposes be treated as having been |
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committed at any such place. |
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(4) | Nothing in this paragraph is to be read as affecting the operation of any of |
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Non-UK service providers: restriction on institution of proceedings |
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3 (1) | This paragraph applies where a service provider is established in an EEA |
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state other than the United Kingdom (a “non-UK service provider”). |
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(2) | Proceedings for a relevant offence may not be instituted against a non-UK |
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service provider in respect of anything done in the course of the provision of |
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information society services unless the derogation condition is satisfied. |
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(3) | “Relevant offence” means an offence under— |
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(a) | section 2 of the Suicide Act 1961 (c. 60) (criminal liability for |
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complicity in another’s suicide), or |
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(b) | section 13 of the Criminal Justice Act (Northern Ireland) 1966 (c. 20) |
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(criminal liability for complicity in another’s suicide). |
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(4) | The derogation condition is satisfied where the institution of proceedings— |
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(a) | is necessary for the purposes of the public interest objective, |
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(b) | relates to an information society service that prejudices that objective |
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or presents a serious and grave risk of prejudice to that objective, and |
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(c) | is proportionate to that objective. |
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(5) | “The public interest objective” means the pursuit of public policy. |
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Exceptions for mere conduits |
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4 (1) | A service provider is not capable of being guilty of a relevant offence in |
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respect of anything done in the course of providing so much of an |
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information society service as consists in— |
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(a) | the provision of access to a communication network, or |
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(b) | the transmission in a communication network of information |
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provided by a recipient of the service, |
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| if the condition in sub-paragraph (2) is satisfied. |
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(2) | The condition is that the service provider does not— |
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(a) | initiate the transmission, |
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(b) | select the recipient of the transmission, or |
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(c) | select or modify the information contained in the transmission. |
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(3) | For the purposes of sub-paragraph (1)— |
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(a) | the provision of access to a communication network, and |
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(b) | the transmission of information in a communication network, |
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| includes the automatic, intermediate and transient storage of the |
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information transmitted so far as the storage is solely for the purpose of |
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carrying out the transmission in the network. |
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(4) | Sub-paragraph (3) does not apply if the information is stored for longer than |
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is reasonably necessary for the transmission. |
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5 (1) | This paragraph applies where an information society service consists in the |
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transmission in a communication network of information provided by a |
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recipient of the service. |
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(2) | The service provider is not capable of being guilty of a relevant offence in |
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respect of the automatic, intermediate and temporary storage of information |
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(a) | the storage of the information is solely for the purpose of making |
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more efficient the onward transmission of the information to other |
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recipients of the service at their request, and |
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(b) | the condition in sub-paragraph (3) is satisfied. |
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(3) | The condition is that the service provider— |
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(a) | does not modify the information, |
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(b) | complies with any conditions attached to having access to the |
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(c) | (where sub-paragraph (4) applies) expeditiously removes the |
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information or disables access to it. |
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(4) | This sub-paragraph applies if the service provider obtains actual knowledge |
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(a) | the information at the initial source of the transmission has been |
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removed from the network, |
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(b) | access to it has been disabled, or |
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(c) | a court or administrative authority has ordered the removal from the |
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network of, or the disablement of access to, the information. |
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6 (1) | A service provider is not capable of being guilty of a relevant offence in |
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respect of anything done in the course of providing so much of an |
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information society service as consists in the storage of information |
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provided by a recipient of the service if— |
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(a) | the service provider had no actual knowledge when the information |
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was provided that the information was capable of, and provided |
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with the intention of, encouraging or assisting suicide or an attempt |
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(b) | on obtaining such knowledge, the service provider expeditiously |
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removed the information or disabled access to the information. |
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(2) | Sub-paragraph (1) does not apply if the recipient of the service is acting |
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under the authority or control of the service provider. |
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7 (1) | This paragraph applies for the purposes of this Schedule. |
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(2) | “Relevant offence” has the same meaning as in paragraph 3. |
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(3) | “Information society services”— |
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(a) | has the meaning given in Article 2(a) of the E-Commerce Directive |
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(which refers to Article 1(2) of Directive 98/34/EC of the European |
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Parliament and of the Council of 22 June 1998 laying down a |
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procedure for the provision of information in the field of technical |
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standards and regulations), and |
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(b) | is summarised in recital 17 of the E-Commerce Directive as covering |
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“any service normally provided for remuneration, at a distance, by |
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means of electronic equipment for the processing (including digital |
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compression) and storage of data, and at the individual request of a |
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| and “the E-Commerce Directive” means Directive 2000/31/EC of the |
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European Parliament and of the Council of 8 June 2000 on certain legal |
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aspects of information society services, in particular electronic commerce, in |
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the Internal Market (Directive on electronic commerce). |
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(4) | “Recipient”, in relation to a service, means any person who, for professional |
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ends or otherwise, uses an information society service, in particular for the |
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purposes of seeking information or making it accessible. |
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(5) | “Service provider” means a person providing an information society service. |
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(6) | For the purpose of construing references in this Schedule to a service |
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provider who is established in a part of the United Kingdom or in some |
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(a) | a service provider is established in a particular part of the United |
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Kingdom, or in a particular EEA state, if the service provider— |
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(i) | effectively pursues an economic activity using a fixed |
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establishment in that part of 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 mentioned |
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in Article 48 of the Treaty establishing the European |
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