Section 191
| Part 1 (public sector duty regarding socio-economic inequalities) |
| 10Chapter 2 of Part 5 (occupational pensions) |
| Section 73 (gender pay gap) |
| Chapters 1 to 3 of Part 9 (enforcement) and Chapter 5 of that Part (except section 130) |
| Sections 136 and 140 (unenforceable terms, declaration in 15respect of void terms) |
| Chapter 1 of Part 11 (public sector duty) |
| Part 12 (disabled persons: transport) |
| Part 13 (disability: miscellaneous) |
| Section 190 (power to specify age exceptions) |
| 20Part 15 (general and miscellaneous) |
| Schedule 1 (disability: supplementary provision) |
In Schedule 3 (services and public functions: exceptions)— (a)
in Part 3 (health and care), paragraphs 13 and 14; (b)
25Part 4 (immigration); (c)
Part 5 (insurance); (d)
Part 6 (separate and single services), except paragraph (e)
Part 7 (transport); (f)
30Part 8 (supplementary) |
| Schedule 4 (premises: reasonable adjustments) |
| Schedule 5 (premises: exceptions), except paragraph 1 |
| Schedule 6 (office-holders: excluded offices), except so far as relating to colour or nationality or marriage and civil 35partnership |
| Schedule 8 (work: reasonable adjustments) |
Equality BillPage 239
In Schedule 9 (work: exceptions)— (a)
Part 1 (general), except in so far as relating to colour or (b)
Part 2 (exceptions relating to age); (c)
5Part 3 (other exceptions), except paragraph 19 so far as |
| Schedule 10 (education: accessibility for disabled pupils) |
| Schedule 13 (education: reasonable adjustments), except paragraphs 2, 5, 6 and 9 |
| 10Schedule 17 (education: disabled pupils: enforcement) |
| Schedule 18 (public sector equality duty: exceptions) |
| Schedule 19 (list of public authorities) |
| Schedule 20 (rail vehicle accessibility: compliance) |
| Schedule 21 (reasonable adjustments: supplementary) |
| 15In Schedule 22 (exceptions: statutory provisions), paragraphs 2 and 5 |
| Schedule 23 (general exceptions), except paragraph 2 |
| Schedule 25 (information society services) |
Section 193
1
(1)
This paragraph applies where a person concerned with the provision of an
information society service (an “information society service provider”) is
established in Great Britain.
(2)
25This Act applies to anything done by the person in an EEA state (other than
the United Kingdom) in providing the service as this Act would apply if the
act in question were done by the person in Great Britain.
2
(1)
This paragraph applies where an information society service provider is
established in an EEA state (other than the United Kingdom).
(2)
30This Act does not apply to anything done by the person in providing the
service.
3
(1)
An information society service provider does not contravene this Act only
by providing so much of an information society service as consists in—
(a) 35the provision of access to a communication network, or
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(b)
the transmission in a communication network of information
provided by the recipient of the service.
(2) But sub-paragraph (1) applies only if the service provider does not—
(a) initiate the transmission;
(b) 5select the recipient of the transmission;
(c) select or modify the information contained in the transmission.
(3)
For the purposes of sub-paragraph (1), the provision of access to a
communication network, and the transmission of information in a
communication network, includes the automatic, intermediate and transient
10storage of the information transmitted so far as the storage is solely for the
purpose of carrying out the transmission in the network.
(4)
Sub-paragraph (3) does not apply if the information is stored for longer than
is reasonably necessary for the transmission.
4
(1)
15This paragraph applies where an information society service consists in the
transmission in a communication network of information provided by a
recipient of the service.
(2)
The information society service provider does not contravene this Act only
by doing anything in connection with the automatic, intermediate and
20temporary 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 sub-paragraph (3) is satisfied.
(3) 25The 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 sub-paragraph (4) applies) expeditiously removes the
30information or disables access to it.
(4)
This sub-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) 35access 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.
5
(1)
An information society service provider does not contravene this Act only
40by doing anything in providing so much of an information society service as
consists in the storage of information provided by a recipient of the service,
if—
(a)
the service provider had no actual knowledge when the information
was provided that its provision amounted to a contravention of this
45Act, or
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(b)
on obtaining actual knowledge that the provision of the information
amounted to a contravention of that section, the service provider
expeditiously removed the information or disabled access to it.
(2)
Sub-paragraph (1) does not apply if the recipient of the service is acting
5under the authority of the control of the service provider.
6
An injunction or interdict under Part 1 of the Equality Act 2006 may not
impose on a person concerned with the provision of a service of a
description given in paragraph 3(1), 4(1) or 5(1)—
(a)
10a liability the imposition of which would contravene Article 12, 13 or
14 of the E-Commerce Directive;
(b)
a general obligation of the description given in Article 15 of that
Directive.
7 (1) 15This paragraph applies for the purposes of this Schedule.
(2) “Information society service”—
(a)
has the meaning given in Article 2(a) of the E-Commerce Directive
(which refers to Article 1(2) of Directive 98/34/EC of the European
Parliament and of the Council of 22 June 1998 laying down a
20procedure for the provision of information in the field of technical
standards and regulations), and
(b)
is summarised in recital 17 of the E-Commerce Directive as covering
“any service normally provided for remuneration, at a distance, by
means of electronic equipment for the processing (including digital
25compression) and storage of data, and at the individual request of a
recipient of a service”.
(3)
“The E-Commerce Directive” means Directive 2000/31/EC of the European
Parliament and of the Council of 8 June 2000 on certain legal aspects of
information society services, in particular electronic commerce, in the
30Internal Market (Directive on electronic commerce).
(4)
“Recipient” means a person who (whether for professional purposes or not)
uses an information society service, in particular for seeking information or
making it accessible.
(5)
An information society service-provider is “established” in a country or
35territory if the service-provider—
(a)
effectively pursues an economic activity using a fixed establishment
in that country or territory for an indefinite period, and
(b)
is a national of an EEA state or a body mentioned in Article 48 of the
EEC treaty.
(6)
40The presence or use in a particular place of equipment or other technical
means of providing an information society service is not itself sufficient to
constitute the establishment of a service-provider.
(7)
Where it cannot be decided from which of a number of establishments an
information society service is provided, the service is to be regarded as
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provided from the establishment at the centre of the information society
service provider’s activities relating to that service.
(8) Section 199(4) does not apply to references to providing a service.