Education Bill (HL Bill 108)

(2) The purpose of this Schedule is to comply with Directive 2000/31/
EC of the European Parliament and of the Council of 8 June 2000
on certain legal aspects of information society services, in
particular electronic commerce, in the Internal Market (“the E-
5Commerce Directive”).

Domestic service providers: extension of liability

2 (1) This paragraph applies where a service provider is established in
England and Wales (a “domestic service provider”).

(2) Section 141G applies to a domestic service provider who—

(a) 10publishes information in breach of section 141F(3) in an
EEA state other than the United Kingdom, and

(b) does so in the course of providing information society
services,

as it applies to a person who publishes such information in
15England and Wales.

(3) In such a case—

(a) proceedings for the offence may be taken at any place in
England and Wales, and

(b) the offence may for all incidental purposes be treated as
20having been committed at any such place.

Non-UK service providers: restriction on proceedings

3 (1) This paragraph applies where a service provider is established in
an EEA state other than the United Kingdom (a “non-UK service
provider”).

(2) 25Proceedings for an offence under section 141G must not be
brought against a non-UK service provider in respect of anything
done in the course of the provision of information society services.

Exceptions for mere conduits

4 (1) A service provider is not guilty of an offence under section 141G
30in respect of anything done in the course of providing so much of
an information society service as consists in—

(a) the provision of access to a communication network, or

(b) the transmission in a communication network of
information provided by a recipient of the service,

35if the following condition is satisfied.

(2) The condition is that the service provider does not—

(a) initiate the transmission,

(b) select the recipient of the transmission, or

(c) select or modify the information contained in the
40transmission.

(3) For the purposes of sub-paragraph (1)—

(a) the provision of access to a communication network, and

(b) the transmission of information in a communication
network,

includes the automatic, intermediate and transient storage of the
information transmitted so far as the storage is solely for the
purpose of carrying out the transmission in the network.

(4) Sub-paragraph (3) does not apply if the information is stored for
5longer than is reasonably necessary for the transmission.

Exception for caching

5 (1) This paragraph applies where an information society service
consists in the transmission in a communication network of
information provided by a recipient of the service.

(2) 10The service provider is not guilty of an offence under section 141G
in respect of the automatic, intermediate and temporary storage of
information so provided, if—

(a) the storage of the information is solely for the purpose of
making more efficient the onward transmission of the
15information to other recipients of the service at their
request, and

(b) the following conditions are satisfied.

(3) The first condition is that the service provider does not modify the
information.

(4) 20The second condition is that the service provider complies with
any conditions attached to having access to the information.

(5) The third condition is that if the service provider obtains actual
knowledge that—

(a) the information at the initial source of the transmission has
25been removed from the network,

(b) access to it has been disabled, or

(c) a court or administrative authority has ordered the
removal from the network of, or the disablement of access
to, the information.

30the service provider expeditiously removes the information or
disables access to it.

Exception for hosting

6 (1) A service provider is not guilty of an offence under section 141G
in respect of anything done in the course of providing so much of
35an information society service as consists in the storage of
information provided by a recipient of the service, if the condition
is met.

(2) The condition is that—

(a) the service provider had no actual knowledge when the
40information was provided that it contained offending
material, or

(b) on obtaining actual knowledge that the information
contained offending material, the service provider
expeditiously removed the information or disabled access
45to it.

(3) “Offending material” means material the publication of which
constitutes an offence under section 141G.

(4) This paragraph does not apply if the recipient of the service is
acting under the authority or control of the service provider.

5Interpretation

7 (1) In this Schedule—

• “information society services”—

  (a)

  has the meaning given in Article 2(a) of the E-
  Commerce Directive (which refers to Article 1(2) of
  10Directive 98/34/EC of the European Parliament and
  of the Council of 22 June 1998 laying down a
  procedure for the provision of information in the field
  of technical standards and regulations), and

  (b)

  is summarised in recital 17 of the E-Commerce
  15Directive as covering “any service normally provided
  for remuneration, at a distance, by means of electronic
  equipment for the processing (including digital
  compression) and storage of data, and at the
  individual request of a recipient of a service”;

• 20“recipient”, in relation to a service, means any person who,
  for professional ends or otherwise, uses an information
  society service, in particular for the purposes of seeking
  information or making it accessible;

• “service provider” means a person providing an information
  25society service.

(2) For the purpose of construing references in this Schedule to a
service provider who is established in England and Wales or in an
EEA state other than the United Kingdom—

(a) a service provider is established in England and Wales, or
30in an EEA state other than the United Kingdom, if the
service provider—

(i) effectively pursues an economic activity using a
fixed establishment in England and Wales, or in
that EEA state, for an indefinite period, and

(ii) 35is a national of an EEA state or a company or firm
mentioned in Article 48 of the EEC Treaty;

(b) the presence or use in a particular place of equipment or
other technical means of providing an information society
service does not, of itself, constitute the establishment of a
40service provider;

(c) where it cannot be determined from which of a number of
establishments a given information society service is
provided, that service is to be regarded as provided from
the establishment at the centre of the service provider’s
45activities relating to that service.”

Section 16

SCHEDULE 5 Abolition of the TDA: consequential amendments

Public Records Act 1958 (c. 51)Public Records Act 1958 (c. 51)

1 In paragraph 3 of Schedule 1 to the Public Records Act 1958, in Part 2 of the
5Table (definition of public records: other establishments and organisations)
omit “Training and Development Agency for Schools.” and “Teacher
Training Agency.”

Parliamentary Commissioner Act 1967 (c. 13)Parliamentary Commissioner Act 1967 (c. 13)

2 In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc
10subject to investigation) omit “Training and Development Agency for
Schools.”

Superannuation Act 1972 (c. 11)Superannuation Act 1972 (c. 11)

3 In Schedule 1 to the Superannuation Act 1972 (kinds of employment, etc,
referred to in section 1 of that Act) omit “Training and Development Agency
15for Schools.”

House of Commons Disqualification Act 1975 (c. 24)House of Commons Disqualification Act 1975 (c. 24)

4 In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975
(other disqualifying offices) omit the entry relating to members of the
Training and Development Agency for Schools in receipt of remuneration.

20Education (Fees and Awards) Act 1983 (c. 40)Education (Fees and Awards) Act 1983 (c. 40)

5 In section 1(3) of the Education (Fees and Awards) Act 1983 (institutions in
respect of which regulations may provide for differential fees), in paragraph
(e), for “support under section 78 of that Act from the Training and
Development Agency for Schools” substitute “assistance—

(i) 25from the Secretary of State or the Welsh Ministers
under section 14 of the Education Act 2002, or

(ii) from a person who is receiving financial assistance
under that section;”.

EA 1994

6 30Part 1 of EA 1994 (teacher training) is amended as follows.

7 Section 11A (general duty of Secretary of State and Welsh Ministers with
respect to teacher training) is repealed.

8 In section 18B (inspection of teacher training), in subsections (3) and (8), for
“Training and Development Agency for Schools” substitute “Secretary of
35State”.

9 In section 18C (inspection of teacher training in Wales), in subsection (12)(b),
omit “or the Training and Development Agency for Schools”.

EA 1996

10 EA 1996 is amended as follows.

11 In section 398 (no requirement of attendance at Sunday school etc), in
subsection (2), for “75(5) and 96(1)” substitute “96(1) and 100”.

12 5In section 450 (prohibition of charges for admission), in subsection (3), for
“75(5) and 96(1)” substitute “96(1) and 100”.

Audit Commission Act 1998 (c. 18)Audit Commission Act 1998 (c. 18)

13 (1) The Table in section 36(1) of the Audit Commission Act 1998 (studies at
request of educational bodies) is amended as follows.

(2) 10Omit the entry for the Training and Development Agency for Schools.

(3) For the entry for a training provider receiving financial support under
section 78 of the Education Act 2005 substitute—

15THEA 1998

14 (1) Section 26 of THEA 1998 (imposition of conditions as to fees at further or
higher education institutions) is amended as follows.

(2) In subsection (3)—

(a) omit “81(1), 82(1) or”;

(b) 20omit paragraph (c) and the “or” preceding it;

(c) omit “78 or”.

(3) In subsection (11)—

(a) omit “or the Training and Development Agency for Schools”;

(b) in paragraph (b), omit “or that Agency”.

25Government of Wales Act 1998 (c. 38)Government of Wales Act 1998 (c. 38)

15 (1) Section 145B of the Government of Wales Act 1998 (studies at request of
educational bodies) is amended as follows.

(2) In the Table in subsection (1), omit the entry for a training provider receiving
financial support under section 78 of the Education Act 2005.

(3) Omit subsection (1A).

(4) In subsection (2), for “Subsections (1) and (1A) do” substitute “Subsection (1)
5does”.

(5) In subsection (3), omit “or (1A)”.

Freedom of Information Act 2000 (c. 36)Freedom of Information Act 2000 (c. 36)

16 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public
bodies and offices: general) omit “The Teacher Training Agency.” and “The
10Training and Development Agency for Schools.”

EA 2002

17 In section 145 of EA 2002 (specification of qualification or course)—

(a) in subsection (1)(c), omit “the Training and Development Agency for
Schools,”;

(b) 15in subsection (3), omit “the Training and Development Agency for
Schools or”.

HEA 2004

18 Part 3 of HEA 2004 (student fees and fair access) is amended as follows.

19 For section 23, substitute—

“23 20Duty of Secretary of State to impose condition as to student fees, etc

(1) Subsection (2) applies to a grant made by the Secretary of State to the
Higher Education Funding Council for England under section 68 of
the 1992 Act.

(2) The grant must be made subject to a condition requiring the Council
25to impose a condition under section 24 in relation to any grants, loans
or other payments made by the Council under section 65 of the 1992
Act to the governing body of a relevant institution.

(3) Subsection (4) applies to financial assistance given by the Secretary
of State under section 14 of the Education Act 2002 to the governing
30body of a relevant institution.

(4) The terms on which the financial assistance is given must include a
condition under section 24.

(5) “Relevant institution”—

(a) in the case of a grant to which subsection (2) applies, an
35institution specified, or of a class specified, by the Secretary
of State in a condition under subsection (2);

(b) in the case of financial assistance to which subsection (4)
applies, an institution specified, or of a class specified, by
order made by the Secretary of State for the purposes of that
40subsection.”

20 (1) Section 24 (condition to be imposed by English funding bodies) is amended
as follows.

(2) In subsection (3)—

(a) in paragraph (a)(ii), for the words from “of other” to “section 23”
5substitute “(where the funding body is the Higher Education
Funding Council for England) of other financial requirements
determined by the Council in accordance with principles specified
by the Secretary of State in the condition under section 23(2)”;

(b) in paragraph (b), for the words from “financial requirements” to
10“section 23” substitute “—

(i) where the funding body is the Higher
Education Funding Council for England,
financial requirements determined by the
Council in accordance with principles
15specified by the Secretary of State in the
condition under section 23(2);

(ii) where the funding body is the Secretary of
State, such financial requirements as the
Secretary of State thinks appropriate”;

(3) 20In subsection (4)(c), for “78 of the 2005 Act” substitute “14 of the Education
Act 2002”.

(4) In subsection (6)—

(a) for the definition of “funding body” substitute—

• ““funding body” means—

  (a)

  25in the case of a grant, loan or other payment
  made under section 65 of the 1992 Act, the
  Higher Education Funding Council for
  England;

  (b)

  in the case of financial assistance given by the
  30Secretary of State under section 14 of the
  Education Act 2002 to the governing body of a
  relevant institution, the Secretary of State;”;

(b) in the definition of “the grant period”, for “to which the relevant
condition under section 23 relates” substitute “in question”.

21 (1) 35Section 27 (power of NAW to impose conditions as to student fees, etc) is
amended as follows.

(2) In subsection (1)—

(a) omit “82(1) or”;

(b) for “a funding body” substitute “the Higher Education Funding
40Council for Wales”;

(c) for “the funding body” (in both places) substitute “the Council”;

(d) omit “78 or”.

(3) In subsection (2), omit the definition of “funding body”.

22 (1) Section 28 (condition that may be required to be imposed by Welsh funding
45bodies) is amended as follows.

(2) In subsection (3), for “funding body” substitute “Higher Education Funding
Council for Wales”.

(3) In subsection (4)(c), omit “78 or”.

(4) In subsection (6), omit the definition of “funding body”.

(5) In the heading, for “Welsh funding bodies” substitute “HEFCW”.

23 In section 29 (sections 23 to 28: supplementary provisions), in subsection
5(3)—

(a) after “1992 Act” insert “, the Education Act 2002”;

(b) for “, the Higher Education Funding Council for Wales or the
Training and Development Agency for Schools” substitute “or the
Higher Education Funding Council for Wales”;

(c) 10in paragraph (a), for “under section 23 imposed” substitute “or terms
imposed by virtue of section 23”;

(d) in paragraph (c), for “that Agency” substitute “the Secretary of
State”.

24 In section 31 (Director of Fair Access to Higher Education), in subsection (5),
15for “from the Training and Development Agency for Schools under section
78 of the 2005 Act” substitute “financial assistance from the Secretary of State
under section 14 of the Education Act 2002”.

25 In section 34 (approval of plans), for subsection (1) substitute—

“(1) The governing body of any institution which—

(a) 20is or may become eligible to receive grants under section 65
of the 1992 Act or section 86 of the 2005 Act, or

(b) provides higher education and is or may become eligible to
receive financial assistance from the Secretary of State under
section 14 of the Education Act 2002,

25may apply to the relevant authority for approval of a proposed plan
relating to the institution.”

26 In section 37 (enforcement of plans: England), in subsection (1)(a), for
“Training and Development Agency for Schools” substitute “Secretary of
State”.

27 30In section 38 (enforcement of plans: Wales), in subsection (4), omit “or the
Training and Development Agency for Schools”.

28 (1) Section 40 (provision of information) is amended as follows.

(2) In subsection (1), omit “and the Training and Development Agency for
Schools”.

(3) 35After subsection (1B) insert—

“(1C) The Secretary of State may provide the Director with information for
the purposes of the exercise by the Director of the Director’s
functions.”

(4) In subsection (2)—

(a) 40for “Training and Development Agency for Schools” substitute
“Secretary of State”;

(b) for “the Agency” substitute “the Secretary of State”;

(c) for “either of those bodies for the purposes of its functions”
substitute “—

(a) 45the Council for the purposes of its functions, or

(b) the Secretary of State for the purposes of the Secretary
of State’s functions relating to training for members
of the school workforce (within the meaning of Part 3
of the 2005 Act).”

29 5In section 41 (interpretation of Part 3), in subsection (2)(a)—

(a) omit “78 or”;

(b) after “2005 Act,” insert “or financial assistance under section 14 of the
Education Act 2002,”.

EA 2005

30 10EA 2005 is amended as follows.

31 Section 99 (introduction of Schedule 15) is repealed.

32 In Schedule 14 (amendments relating to training of school workforce), omit
paragraphs 1 to 4, 8, 19(4)(b), 21(3) to (5), 22, 24, 25, 28(5), 29(b) and 32 to 34.

33 Schedule 15 (transitional and transitory provisions relating to Part 3) is
15repealed.

Section 17

SCHEDULE 6 Abolition of the TDA: transfer schemes

Staff transfer schemes

1 (1) The Secretary of State may make a scheme (a “staff transfer scheme”)
20providing—

(a) for a designated employee of the TDA to become a member of staff
of the Secretary of State (and accordingly to become employed in the
civil service of the state);

(b) so far as may be consistent with employment in the civil service of
25the state, for the terms and conditions of the employee’s employment
with the TDA to have effect as if they were the conditions of service
as a member of the Secretary of State’s staff;

(c) for the transfer to the Secretary of State of the rights, powers, duties
and liabilities of the TDA under or in connection with the employee’s
30contract of employment;

(d) for anything done (or having effect as if done) before that transfer by
or in relation to the TDA in respect of such a contract or the employee
to be treated as having been done by or in relation to the Secretary of
State.

(2) 35A staff transfer scheme may provide for a period before the employee
became a member of the Secretary of State’s staff to count as a period during
which the employee was a member of the Secretary of State’s staff (and for
the operation of the scheme not to be treated as having interrupted the
continuity of that period).

(3) 40A staff transfer scheme may provide for the employee not to become a
member of the Secretary of State’s staff if the employee gives notice objecting
to the operation of the scheme in relation to the employee.

(4) A staff transfer scheme may provide for a person who would be treated (by
an enactment or otherwise) as being dismissed by the operation of the
scheme not to be so treated.

(5) A staff transfer scheme may provide for an employee of the TDA to become
5a member of the Secretary of State’s staff despite any provision, of whatever
nature, which would otherwise prevent the person from being employed in
the civil service of the state.

Property transfer schemes

2 (1) The Secretary of State may make a scheme (a “property transfer scheme”)
10providing for the transfer from the TDA to the Secretary of State of
designated property, rights or liabilities.

(2) A property transfer scheme may—

(a) create rights, or impose liabilities, in relation to property or rights
transferred by virtue of the scheme;

(b) 15provide for anything done by or in relation to the TDA in connection
with any property, rights or liabilities transferred by the scheme to
be treated as done, or to be continued, by or in relation to the
Secretary of State;

(c) apportion property, rights and liabilities;

(d) 20make provision about the continuation of legal proceedings.

(3) The things that may be transferred by a property transfer scheme include—

(a) property, rights and liabilities that could not otherwise be
transferred;

(b) property acquired, and rights and liabilities arising, after the making
25of the scheme.

Continuity

3 A transfer by virtue of a staff transfer scheme or a property transfer scheme
does not affect the validity of anything done by or in relation to the TDA
before the transfer takes effect.

30Supplementary provision etc.

4 A staff transfer scheme or a property transfer scheme may include
supplementary, incidental, transitional and consequential provision.

Interpretation

5 In this Schedule—

• 35“designated”, in relation to a staff transfer scheme or a property transfer
  scheme, means specified in, or determined in accordance with, the
  scheme;

• “the TDA” means the Training and Development Agency for Schools.