- Statutory Instrument 2004 No. 1178
The Electronic Commerce (EC Directive) (Extension) Regulations 2004
© Crown Copyright 2004
Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.
The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.
It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.
The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Electronic Commerce (EC Directive) (Extension) Regulations 2004, ISBN 0110492153. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk.
Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.
To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
| Made | 19th April 2004 | ||
| Laid before Parliament | 21st April 2004 | ||
| Coming into force | 14th May 2004 |
The Secretary of State for Trade and Industry, being a Minister designated[1] for the purposes of section 2(2) of the European Communities Act 1972[2] in relation to information society services, in exercise of the powers conferred on her by the said section 2(2), hereby makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Electronic Commerce (EC Directive) (Extension) Regulations 2004 and shall come into force on 14th May 2004.
Application of the E-Commerce Regulations
2. The Electronic Commerce (EC Directive) Regulations 2002[3] shall apply to the Sexual Offences Act 2003[4] notwithstanding regulation 3(2) of those Regulations.
Amendment of the E-Commerce Regulations
3. - (1) The Electronic Commerce (EC Directive) Regulations 2002 are amended as follows.
(2) For regulation 3(2) there is substituted-
-
"
(2) These Regulations shall not apply in relation to any Act passed on or after the date these Regulations are made or in relation to the exercise of a power to legislate after that date.".
Stephen Timms,
Minister of State for Energy, E-Commerce and Postal Services, Department of Trade and Industry
19th April 2004
(This note is not part of the Regulations)
The Electronic Commerce (EC Directive) Regulations 2002 (S.I. 2002/2013) ("the E-Commerce Regulations") transpose into national law Articles 3, 5, 6, 7(1), 10 to 14, 18(2) and 20 of 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) ("the Directive"). However, regulation 3(2) of the E-Commerce Regulations provides that those regulations do not apply in relation to any Act passed on or after the date on which they were made, or in exercise of a power to legislate after that date (30th July 2002), so that they do not have prospective effect.
These Regulations provide that the E-Commerce Regulations apply to the Sexual Offences Act 2003. The effect of these Regulations is that the Act must be read in a way that is compatible with the requirements of the E-Commerce Regulations.
These Regulations also remove a defect in the drafting of regulation 3(2) of the E-Commerce Regulations by inserting words that were omitted in error.
A transposition note setting out how the main elements of the Directive are transposed into law was placed in the libraries of both Houses of Parliament when the E-Commerce Regulations were laid. Copies are also available from the International Communications Unit, Department of Trade and Industry, Bay 202, 151 Buckingham Palace Road, London SW1W 9SS.
Notes:
[1] S.I 2001/2555.back
[3] S.I. 2002/2013, to which there are amendments not relevant to these Regulations.back
ISBN 0 11 049215 3