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Regulation 2 Interpretation

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

In these Regulations—

  • “the 1982 Act” means the Civic Government (Scotland) Act 1982 M1;

  • “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;

  • “information society services”—

    1. (a)

      has the meaning given in Article 2(a) of the Directive (which refers to Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22nd June 1988 laying down a procedure for the provision of information in the field of technical standards and regulations M3); and

    2. (b)

      is summarised in recital 17 of the Directive as covering “any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service”;

  • “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;

  • “relevant offence” means an offence under section 51A of the 1982 Act (extreme pornography) M4;

  • “service provider” means a person providing an information society service.

F1(2)

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

F2(3)

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

Annotations

Textual amendments

F1

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), 4(2)

F2

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), 4(2)

Marginal citations

M1

1982 c.64.

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

O.J. No. L 24, 21.7.1998, p.37, as amended by Directive 98/48/EC (O.J. No. L 217, 5.8.1998, p.18); there are other amendments but none are relevant.

M4

Section 51A to C were inserted into the 1982 Act by section 42(2) of the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13).