Regulation 2 Interpretation
In these Regulations—
“children's hearings publishing restrictions offence” means an offence under section 182(2) of the Children's Hearings (Scotland) Act 2011 M1 (publishing restrictions);
“the Directive” means Directive 2000/31/EC of the European Parliament and of the Council of 8th June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) M2;
“extended children's hearings publishing restrictions offence” means an offence under article 12(2) of the Children's Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013 M3 (publishing restrictions);
“extended fatal accident inquiries publishing restrictions offence” means an offence under article 4(1) of the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016 M4 (publishing restrictions in relation to children);
F1...
“fatal accident inquiries publishing restrictions offence” means an offence under section 22(5) of the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 M5 (publishing restrictions in relation to children);
“human trafficking offence” means an offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 M6 (trafficking people for exploitation);
“human trafficking (Northern Ireland) offence” means an offence under section 2(1) of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 M7 (human trafficking);
“human trafficking (Scotland) offence” means an offence under section 1(1) of the Human Trafficking and Exploitation (Scotland) Act 2015 M8 (human trafficking);
“information society services” has the meaning given in article 2(a) of the Directive M9;
“intimate images offence” means an offence under section 2(1) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 M10 (disclosing, or threatening to disclose, an intimate photograph or film);
“recipient of the service” means any person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible;
“service provider” means a person providing an information society service;
“threatening communications offence” means an offence under section 6(1) of the Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012 M11 (threatening communications);
“traffic in prostitution offence” means an offence under section 22(1) of the Criminal Justice (Scotland) Act 2003 M12 (traffic in prostitution etc.).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Annotations
Textual amendments
- F1
Words in reg. 2(1) omitted (31.12.2020) by virtue of The Electronic Commerce (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/87), regs. 1, 4(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
- F2
Reg. 2(2) omitted (7.5.2026) by virtue of The Electronic Commerce (Amendment and Consequential Provision) Regulations 2026 (S.I. 2026/407), regs. 1(2), 5(2)
- F3
Reg. 2(3) omitted (7.5.2026) by virtue of The Electronic Commerce (Amendment and Consequential Provision) Regulations 2026 (S.I. 2026/407), regs. 1(2), 5(2)
Marginal citations
- M1
- M2
O.J. No. L 178, 17.7.2000, p.1. The Directive has been incorporated into the EEA Agreement by Decision 91/2000 of the EEA Joint Committee (O.J. No. L 7, 11.1.2001, p.13).
- M3
- M4
- M5
- M6
- M7
- M8
- M9
Article 2(a) of the Directive refers to article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22nd June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations. Directive 98/34/EC was repealed by Article 10 of Directive (EU) 2015/1535 of the European Parliament and of the Council of 9th September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (codification). Article 10 of Directive (EU) 2015/1535 provides that references to the repealed Directive are to be construed as references to Directive (EU) 2015/1535 and are to be read in accordance with the correlation table in Annex IV to Directive (EU) 2015/1535.
- M10
- M11
- M12