SCHEDULE 1 Introduced by section 5 T OUTING OFFENCE : EXCEPTIONS FOR PROVIDERS OF INFORMATION SOCIETY SERVICES ETC . Preconditions for taking proceedings against service providers established in EEA state 5 1 (1) Where a service provider is established in an EEA state, proceedings for the touting offence cannot be taken against that provider in respect of anything done by the provider in providing an information society service (including in the United Kingdom), unless the derogation condition is satisfied. (2) The derogation condition is that the proceedings— 10 (a) are necessary to pursue any of the public interest objectives, 1 (b) are taken against 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 public interest objectives are— 15 (a) public policy, in particular the prevention, investigation, detection and prosecution of the touting offence, and (b) the protection of consumers, including investors. (4) For the purposes of this paragraph— (a) a service provider is “established” in a country or territory if the provider— 20 (i) effectively pursues an economic activity using a fixed establishment in that country or territory for an indefinite period, and (ii) is a national of an EEA state or a body mentioned in Article 54 of the Treaty on the Functioning of the European Union, (b) the presence or use in a particular place of equipment or other technical means 25 of providing an information society service is not itself sufficient to constitute the establishment of an information society service provider, and (c) where it cannot be decided from which of a number of establishments an information society service is provided, the service is to be regarded as provided from the establishment at the centre of the service provider’s activities relating to 30 that service.