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Statutory Instruments

2021 No. 835

Exiting The European Union

Criminal Law

Criminal Procedure

Electronic Communications

The Criminal Justice (Electronic Commerce) (Amendment) (EU Exit) Regulations 2021

Made

8th July 2021

Coming into force

29th July 2021

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018( 1 ).

In accordance with paragraph 1(3) of Schedule 7 to that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.

PART 1 Introduction

Citation and commencement I1

1. These Regulations may be cited as the Criminal Justice (Electronic Commerce) (Amendment) (EU Exit) Regulations 2021 and come into force 21 days after the day on which they are made.

Extent I2

2. —(1) Except as provided in paragraph (2), these Regulations extend to England and Wales, Scotland and Northern Ireland.

(2) Any amendment made by these Regulations has the same extent as the provision amended.

PART 2 Amendment of primary legislation

Amendment of the Children and Young Persons Act 1933 I3

3. In Schedule 1A (prohibition on publication of certain matters: providers of information society services) to the Children and Young Persons Act 1933( 2 ), omit—

(a) paragraph 1 (domestic service providers: extension of liability);

(b) paragraph 2 (non-UK service providers: restriction on institution of proceedings);

(c) in paragraph 6 (interpretation), sub-paragraph (6).

Amendment of the Youth Justice and Criminal Evidence Act 1999 I4

4. In Schedule 2A (restriction of reporting of criminal proceedings for lifetime of witnesses and victims under 18: providers of information society services) to the Youth Justice and Criminal Evidence Act 1999( 3 ), omit—

(a) paragraph 1 (domestic service providers: extension of liability);

(b) paragraph 2 (non-UK service providers: restriction on institution of proceedings);

(c) in paragraph 6 (interpretation), sub-paragraph (5).

Amendment of the Female Genital Mutilation Act 2003 I5

5. In Schedule 1 (anonymity of victims) to the Female Genital Mutilation Act 2003( 4 ), omit—

(a) paragraph 4 (special rules for providers of information society services);

(b) paragraph 5 (special rules for providers of information society services);

(c) in paragraph 9 (interpretation), in sub-paragraph (1)—

(i) the definition of “domestic service provider”;

(ii) the definition of “non-UK service provider”;

(d) in paragraph 9 (interpretation), sub-paragraph (3).

Amendment of the Criminal Justice and Immigration Act 2008 I6

6. In Schedule 14 (special rules relating to providers of information society services) to the Criminal Justice and Immigration Act 2008( 5 ), omit—

(a) paragraph 1 (domestic service providers: extension of liability)( 6 );

(b) paragraph 2 (non-UK service providers: restriction on institution of proceedings); and

(c) in paragraph 6 (interpretation)( 7 ), sub-paragraph (6).

Amendment of the Coroners and Justice Act 2009 I7

7. —(1) Schedule 12 (encouraging or assisting suicide: providers of information society services) to the Coroners and Justice Act 2009( 8 ), is amended as follows—

(a) omit paragraph 1 (domestic service providers: extension of liability);

(b) omit paragraph 2 (domestic service providers: extension of liability);

(c) omit paragraph 3 (non-UK service providers: restriction on institution of proceedings);

(d) in paragraph 7 (interpretation), for sub-paragraph (2) substitute—

(2) “Relevant offence” means an offence under—

(a) section 2 of the Suicide Act 1961 (c.60) (criminal liability for complicity in another’s suicide), or

(b) section 13 of the Criminal Justice Act (Northern Ireland) 1966 (c. 20 (N.I.)) (criminal liability for complicity in another’s suicide). ;

(e) in paragraph 7 (interpretation), omit sub-paragraph (6).

(2) In Schedule 13 (prohibited images: providers of information society services) to the Coroners and Justice Act 2009, omit—

(a) paragraph 1 (domestic service providers: extension of liability);

(b) paragraph 2 (non-UK service providers: restriction on institution of proceedings);

(c) in paragraph 6 (interpretation), sub-paragraph (6).

Amendment of the Criminal Justice and Courts Act 2015

F1 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of the Serious Crime Act 2015 I8

9. In Schedule 3 (paedophile manuals: providers of information society services) to the Serious Crime Act 2015( 9 ), omit—

(a) in paragraph 1 (interpretation)—

(i) sub-paragraph (6);

(ii) sub-paragraph (7);

(iii) sub-paragraph (8);

(b) paragraph 2 (domestic service providers: extension of liability);

(c) paragraph 3 (non-UK service providers: restriction on institution of proceedings).

PART 3 Amendment of subordinate legislation

Amendment of the Electronic Commerce Directive (Hatred against Persons on Religious Grounds or the Grounds of Sexual Orientation) Regulations 2010 I9

10. In the Electronic Commerce Directive (Hatred against Persons on Religious Grounds or the Grounds of Sexual Orientation) Regulations 2010( 10 ), omit—

(a) in regulation 2 (interpretation), paragraph (2);

(b) regulation 3 (internal market: England and Wales service providers);

(c) regulation 4 (internal market: non-UK service providers).

Signed by authority of the Secretary of State for Justice

David Wolfson

Parliamentary Under Secretary of State

Ministry of Justice

8th July 2021

( 1 )

2018 c. 16 .

( 2 )

1933 c. 12 ; Schedule 1A was inserted by paragraph 1 of Schedule 15 to the Criminal Justice and Courts Act 2015 (c. 2) .

( 3 )

1999 c. 23 ; Schedule 2A was inserted by paragraph 2 of Schedule 15 to the Criminal Justice and Courts Act 2015 (c. 2) .

( 4 )

2003 c. 31 ; Schedule 1 was inserted by section 71(2) of the Serious Crime Act 2015 (c. 9) .

( 5 )

2008 c. 4 .

( 6 )

2008 c. 4 ; paragraph 1 to Schedule 14 was amended by section 37(5)(a) of the Criminal Justice and Courts Act 2015 (c. 2) .

( 7 )

2008 c. 4 ; paragraph 6 to Schedule 14 was amended by paragraph 1 of Schedule 1(1) to S.I. 2012/1809

( 8 )

2009 c. 25 .

( 9 )

2015 c. 9 .

Status: There are currently no known outstanding effects for the The Criminal Justice (Electronic Commerce) (Amendment) (EU Exit) Regulations 2021.
The Criminal Justice (Electronic Commerce) (Amendment) (EU Exit) Regulations 2021 (2021/835)
Version from: 31 January 2024

Displaying information

Status of this instrument

in force Provision is in force
in force* In force only for specified purposes (see footnote)
not in force Not in force in England (may be in force in other geographies, see footnotes)
defined term Defined term
dfn Defined term (alternative style)
footnote commentary transitional and savings in force status related provisions geo extent insert/omit source count in force adj
F1 Reg. 8 omitted (31.1.2024) by virtue of Online Safety Act 2023 (c. 50) , s. 240(1) , Sch. 14 para. 25 ; S.I. 2024/31 , reg. 2 omitted
I1 Reg. 1 in force at 29.7.2021, see reg. 1
I2 Reg. 2 in force at 29.7.2021, see reg. 1
I3 Reg. 3 in force at 29.7.2021, see reg. 1
I4 Reg. 4 in force at 29.7.2021, see reg. 1
I5 Reg. 5 in force at 29.7.2021, see reg. 1
I6 Reg. 6 in force at 29.7.2021, see reg. 1
I7 Reg. 7 in force at 29.7.2021, see reg. 1
I8 Reg. 9 in force at 29.7.2021, see reg. 1
I9 Reg. 10 in force at 29.7.2021, see reg. 1
Defined Term Section/Article ID Scope of Application

Status of changes to instrument text

The list includes made instruments, both those in force and those yet to come into force. Typically, instruments that are not yet in force (hence their changes are not incorporated into the text above) are indicated by description 'not yet' in the changes made column.

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