The Electronic Commerce Directive (Miscellaneous Provisions) Regulations 2018
| Jurisdiction | UK Non-devolved |
| Citation | SI 2018/477 |
| Year | 2018 |
(1) These Regulations may be cited as the Electronic Commerce Directive (Miscellaneous Provisions) Regulations 2018 and come into force on the day after the day on which they are made.(2) Subject to paragraph (3) , these Regulations extend to the United Kingdom.(3) Regulations 6 to 10 do not extend to England and Wales insofar as they apply to the human trafficking offence.(1) In these Regulations—. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1) Proceedings for an offence specified in paragraph (2) may not be instituted against a non-UK service provider in respect of anything done in the course of provision of information society services
- “children's hearings publishing restrictions offence” means an offence under section 182(2) of the Children's Hearings (Scotland) Act 2011 (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) ;
- “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 (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 (publishing restrictions in relation to children) ; ...
- “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 (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 (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 (human trafficking) ;
- “human trafficking (Scotland) offence” means an offence under section 1(1) of the Human Trafficking and Exploitation (Scotland) Act 2015 (human trafficking) ;
- “information society services” has the meaning given in article 2(a) of the Directive ;
- “intimate images offence” means an offence under section 2(1) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (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 (threatening communications) ;
- “traffic in prostitution offence” means an offence under section 22(1) of the Criminal Justice (Scotland) Act 2003 (traffic in prostitution etc.) .
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