OpenLegislation

Paragraph 4 Conditions for making a domain name suspension orderI1

United Kingdom Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A judge may grant an application for a domain name suspension order if satisfied that there are reasonable grounds to believe that conditions 1 to 4 are met in relation to the internet domain name to which the application relates.

(2)

Condition 1 is that the internet domain name is being, or will be, used for the purposes of serious crime (see paragraph 19).

(3)

Condition 2 is that—

(a)

a UK person is using, or will use, the internet domain name for the purposes of serious crime,

(b)

a UK person—

(i)

is a victim of the serious crime for the purposes of which the internet domain name is being used, or

(ii)

will be a victim of the serious crime for the purposes of which it will be used,

(c)

the internet domain name is being used for the purposes of serious crime connected with unlicensed gambling, or

(d)

the internet domain name is hosted on a device located in the United Kingdom.

(4)

Condition 3 is that it is necessary and proportionate to prevent access to the internet domain name to prevent it being used for the purposes of serious crime.

(5)

Condition 4 is that—

(a)

access to the internet domain name will not be prevented unless a domain name suspension order is made, or

(b)

if access to the internet domain name is prevented otherwise than in accordance with a domain name suspension order, there will be serious prejudice to the prevention, restriction or disruption of the serious crime for the purposes of which the internet domain name is being, or will be, used.

Annotations

Commencement

I1

Sch. 18 para. 4 not in force at Royal Assent, see s. 255(1)