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

United Kingdom

(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)

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(5)

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(6)

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(7)

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(8)

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Annotations

Textual amendments

F1

Reg. 3(4)-(8) omitted (7.5.2026) by virtue of The Electronic Commerce (Amendment and Consequential Provision) Regulations 2026 (S.I. 2026/407), regs. 1(2), 6(2)

Commencement

I1

Reg. 3 in force at 31.12.2020 (in force on IP completion day in accordance with 2020 c. 1, s. 39(1), Sch. 5 para. 1(1)), see reg. 1

Footnotes

f1

S.I. 2002/2013.

f2

1981 c. 61. Within Part 4, section 31 was amended by section 1(1)(b) of the British Overseas Territories Act 2002 (c. 8), and section 33 was repealed by section 15 and section 161 of, and paragraph 1(i) of Schedule 2 and Schedule 9 to, the Nationality, Immigration and Asylum Act 2002 (c. 41).

f3

S.I. 2015/2059.