Regulation 3 Internal market: England and Wales service providers

(1)

This regulation applies to a service provider established in England and Wales who is not a UK national (an “EWSP”).

(2)

An EWSP acting in the course of providing information society services commits an offence under section 59A of the Sexual Offences Act 2003 if—

(a)

all of the arranging or facilitating takes place outside the United Kingdom and any part of the arranging or facilitating takes place in another EEA state, or

(b)

an EEA state other than the United Kingdom is the country of arrival, entry, travel or (as the case may be) departure.

(3)

An EWSP acting in the course of providing information society services commits an offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 if—

(a)

all of the arranging or facilitating takes place outside the United Kingdom and any part of the arranging or facilitating takes place in another EEA state, or

(b)

an EEA state other than the United Kingdom is the country of arrival, entry, travel or (as the case may be) departure.

(4)

If paragraph (2) or (3) applies—

(a)

proceedings for the offence may be taken at any place in England and Wales; and

(b)

the offence may for all incidental purposes be treated as having been committed at any such place.