OpenLegislation

The Electronic Commerce (Amendment etc.) (EU Exit) Regulations 2019

S.I. 2019/87 · Made 22 January 2019 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 7 May 2026.

Exiting The European Union

Electronic Communications

Sift requirements satisfied 15th January 2019

Made 22nd January 2019

Laid before Parliament 23rd January 2019

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of, and paragraph 21(b) of Schedule 7 to, the European Union (Withdrawal) Act 2018f1.

The requirements of paragraph 3(2) of Schedule 7 to that Act (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.

Annotations to the whole text

Footnotes

f1

2018 c. 16.

Contents

  1. Part 1: Introduction
  2. 1Citation, commencement and extent
  3. 2Citation, commencement and extent
  4. Part 2: Amendment of subordinate legislation
  5. 3Amendment of the Electronic Commerce (EC Directive) Regulations 2002
  6. 4Amendment of the Electronic Commerce Directive (Miscellaneous Provisions) Regulations 2018
  7. Signature
  8. Explanatory note

1Citation, commencement and extentI1

These Regulations may be cited as the Electronic Commerce (Amendment etc.) (EU Exit) Regulations 2019 and come into force on exit day.

2Citation, commencement and extentI1I2

An amendment or revocation made by these Regulations has the same extent as the provision amended or revoked.

3Amendment of the Electronic Commerce (EC Directive) Regulations 2002I1

(1)

The Electronic Commerce (EC Directive) Regulations 2002f1 are amended as follows.

(2)

In regulation 2 (interpretation), in paragraph (1)—

(a)

omit the definition of “the Commission”;

(b)

in the definition of “established service provider”—

(i)

for the words from “means a service provider who is” to “and who effectively pursues an economic activity” substitute—

  • “means a service provider who is—

    1. (a)

      a national of the United Kingdom or a member State, or

    2. (b)

      a company or firm as mentioned in Article 54 of the Treaty,

    and who effectively pursues an economic activity;”;

(ii)

before the words “a member State for an indefinite period” insert “the United Kingdom or”;

(c)

after the definition of “member State”, insert—

  • ““a national of the United Kingdom” means—

    1. (a)

      a British citizen;

    2. (b)

      a person who is a British subject by virtue of Part 4 of the British Nationality Act 1981f2 and who has a right of abode in the United Kingdom; or

    3. (c)

      a person who is a British overseas territories citizen by virtue of a connection with Gibraltar;”;

(d)

for the definition of “regulated profession”, substitute—

  • ““regulated profession” has the meaning given in regulation 8(1) of the European Union (Recognition of Professional Qualifications) Regulations 2015f3;”.

(3)

In regulation 2 (interpretation), after paragraph (3), insert—

“(4)

For the purposes of the definition of “established service provider” in paragraph (1), Article 54 of the Treaty is to be read as if the United Kingdom were a member State.”.

F1(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4Amendment of the Electronic Commerce Directive (Miscellaneous Provisions) Regulations 2018I1

(1)

The Electronic Commerce Directive (Miscellaneous Provisions) Regulations 2018f1 are amended as follows.

(2)

In regulation 1 (citation, commencement and extent), for paragraph (2), substitute—

“(2)

Subject to paragraph (3), these Regulations extend to the United Kingdom.”.

(3)

In regulation 2 (interpretation)—

(a)

in paragraph (1), omit the definition of “extreme pornography offence”;

F1(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

Omit regulation 3 (internal market – service providers established in Scotland).

(5)

Omit regulation 4 (internal market – service providers established in England and Wales).

(6)

Omit regulation 5 (internal market – service providers established in Northern Ireland).

F3(7)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signature

Margot James

Minister for Digital and the Creative Industries

Department for Digital, Culture, Media and Sport

22nd January 2019

Explanatory note

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by section 8 of the European Union (Withdrawal) Act 2018 (c. 16) in order to address failures of retained EU law to operate effectively and other deficiencies (in particular under sections 8(2)(b), (c) and (g)) arising from the withdrawal of the United Kingdom from the European Union.

These Regulations make amendments to legislation relating to 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 Internal Market.

Regulation 3 amends the Electronic Commerce (EC Directive) Regulations 2002, and regulation 4 amends the Electronic Commerce Directive (Miscellaneous Provisions) Regulations 2018.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector is foreseen.