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The Electronic Commerce (EC Directive) (Extension) Regulations 2004

S.I. 2004/1178 · Made 19 April 2004

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

ELECTRONIC COMMUNICATIONS

Made 19th April 2004

Laid before Parliament 21st April 2004

Coming into force 14th May 2004

The Secretary of State for Trade and Industry, being a Minister designatedf1 for the purposes of section 2(2) of the European Communities Act 1972f2 in relation to information society services, in exercise of the powers conferred on her by the said section 2(2), hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

S.I 2001/2555.

f2

1972 c. 68.

Contents

  1. 1Citation and commencement
  2. 2Application of the E-Commerce Regulations
  3. 3Amendment of the E-Commerce Regulations
  4. Signature
  5. Explanatory note

1Citation and commencement

These Regulations may be cited as the Electronic Commerce (EC Directive) (Extension) Regulations 2004 and shall come into force on 14th May 2004.

2Application of the E-Commerce Regulations

The Electronic Commerce (EC Directive) Regulations 2002f1 shall apply to the Sexual Offences Act 2003f2 notwithstanding regulation 3(2) of those Regulations.

3Amendment of the E-Commerce Regulations

(1)

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

(2)

For regulation 3(2) there is substituted–

“(2)

These Regulations shall not apply in relation to any Act passed on or after the date these Regulations are made or in relation to the exercise of a power to legislate after that date.”.

Signature

Stephen Timms,

Minister of State for Energy, E-Commerce and Postal Services,

Department of Trade and Industry

19th April 2004

Explanatory note

(This note is not part of the Regulations)

The Electronic Commerce (EC Directive) Regulations 2002 (S.I. 2002/2013) (“the E-Commerce Regulations”) transpose into national law Articles 3, 5, 6, 7(1), 10 to 14, 18(2) and 20 of 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) (“the Directive”). However, regulation 3(2) of the E-Commerce Regulations provides that those regulations do not apply in relation to any Act passed on or after the date on which they were made, or in exercise of a power to legislate after that date (30th July 2002), so that they do not have prospective effect.

These Regulations provide that the E-Commerce Regulations apply to the Sexual Offences Act 2003. The effect of these Regulations is that the Act must be read in a way that is compatible with the requirements of the E-Commerce Regulations.

These Regulations also remove a defect in the drafting of regulation 3(2) of the E-Commerce Regulations by inserting words that were omitted in error.

A transposition note setting out how the main elements of the Directive are transposed into law was placed in the libraries of both Houses of Parliament when the E-Commerce Regulations were laid. Copies are also available from the International Communications Unit, Department of Trade and Industry, Bay 202, 151 Buckingham Palace Road, London SW1W 9SS.