34 Providers of information society services
Serious Crime Act 2007 (2007 c 27) | Legislation

34  Providers of information society services

(1)     A serious crime prevention order may not include terms which restrict the freedom of a service provider who is established in an EEA state . . . to provide information society services in relation to an EEA state unless the conditions in subsections (2) and (3) are met.

(2)     The condition in this subsection is that the court concerned considers that the terms—

(a)     are necessary for the objective of protecting the public by preventing, restricting or disrupting involvement in—

(i)     in the case of an order in England and Wales, serious crime in England and Wales; . . .

[(ia)     in the case of an order in Scotland, serious crime in Scotland;]

(ii)     in the case of an order in Northern Ireland, serious crime in Northern Ireland;

(b)     relate to an information society service which prejudices that objective or presents a serious and grave risk of prejudice to it; and

(c)     are proportionate to that objective.

(3)     The conditions in this subsection are that—

(a)     a law enforcement officer has requested the EEA state in which the service provider is established to take measures which the law enforcement officer considers to be of equivalent effect

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