Part 3: Touting, Advertising and Trading Offences Schedule 2: Ticket touting: Providers of information society services
This Schedule makes provision regarding the liability of United Kingdom and non-United Kingdom providers of information society services in relation to the touting offence. It provides exceptions from the commission of the offence, subject to conditions, for service providers who act as mere conduits, who cache information, or who store information. The Schedule also provides that non-United Kingdom service providers, as defined in sub-paragraph (3), cannot be prosecuted for the commission of the offence regarding their provision of information society services, unless the derogation condition is met. The derogation condition is established where an information society service prejudices, or presents a serious risk of prejudicing, the pursuit of public policy and action is deemed to be proportionate.
	The Schedule references at paragraph 5(a) Directive 98/34/EC. This directive has now been repealed and any reference to it has to be construed as a reference to Directive 2015/1535/EU.