s 7 After Schedule 11A to EA 2002 (inserted by section 8), insert— SCHEDULE 11B OFFENCE UNDER SECTION 141G: SUPPLEMENTARY PROVISIONS
(1) In this Schedule— “information society services”— has the meaning given in Article 2(a) of the E-Commerce Directive (which refers to Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations), and is summarised in recital 17 of the E-Commerce 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 ”, in relation to a 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. (2) For the purpose of construing references in this Schedule to a service provider who is established in England and Wales or in an EEA state other than the United Kingdom— (a) a service provider is established in England and Wales, or in an EEA state other than the United Kingdom, if the service provider— (i) effectively pursues an economic activity using a fixed establishment in England and Wales, or in that EEA state, for an indefinite period, and (ii) is a national of an EEA state or a company or firm mentioned in Article 48 of the EEC Treaty; (b) the presence or use in a particular place of equipment or other technical means of providing an information society service does not, of itself, constitute the establishment of a service provider; (c) where it cannot be determined from which of a number of establishments a given information society service is provided, that service is to be regarded as provided from the establishment at the centre of the service provider's activities relating to that service.