Paragraph 3 Hosting

(1)

A service provider does not contravene regulation 43 only by storing information provided by a recipient of the service, if—

(a)

when the information was provided, the service provider had no actual knowledge that it was, or contained, an electronic cigarette advertisement; and

(b)

where the service provider subsequently obtained such actual knowledge, the service provider promptly removed the information or disabled access to it.

(2)

Sub-paragraph (1) does not apply if the recipient of the service is acting under the authority or control of the service provider.

Notes on Schedule 1

Textual amendments

F1: Sch. 1: Sch. renumbered as Sch. 1 (1.1.2017) by The Tobacco and Related Products (Amendment) Regulations 2016 (S.I. 2016/1127), regs. 2(2), 3(2)