Explanatory note

These Regulations make provision in relation to the circumstances in which making facilities available in connection with electronic communications or the storage of data is, or is not, capable of constituting an offence under section 17(1) of the Glasgow Commonwealth Games Act 2008 (“the touting offence”). They also ensure compliance with Directive 2000/31/EC on certain legal aspects of information society services in the Internal Market (OJ L 178, 17.7.2000, p.1). They cease to have effect on the same day that the Act ceases to have effect.

Regulation 3 provides that proceedings for the touting offence cannot be taken against an information society service provider based in a state (other than the United Kingdom) that is a member of the European Economic Area, in respect of anything done by the provider in providing that service, unless the derogation and cooperation conditions are met. This ensures that the touting offence provisions comply with Article 3(2) and (4) of Directive 2000/31/EC.

Regulations 4 to 6 specify circumstances involving mere conduit, caching and hosting of information society services which are not capable of constituting the touting offence. These ensure that the touting offence provisions comply with Articles 12 to 14 of that Directive.