Criminal Justice and Courts Bill (HL Bill 49)

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

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

25includes 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
longer than is reasonably necessary for the transmission.

30Exception for caching

4 (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) The service provider is not capable of being guilty of an offence
35under section 49, so far as it relates to a publication that includes
matter in contravention of a direction under section 45A(2), 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
40making more efficient the onward transmission of the
information to other recipients of the service at their
request, and

(b) the condition in sub-paragraph (3) is satisfied.

(3) The condition is that the service provider—

(a) 45does not modify the information,

(b) complies with any conditions attached to having access to
the information, and

(c) where sub-paragraph (4) applies, expeditiously removes
the information or disables access to it.

(4) 5This sub-paragraph applies if the service provider obtains actual
knowledge that—

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

(b) access to it has been disabled, or

(c) 10a court or administrative authority has ordered the
removal from the network of, or the disablement of access
to, the information.

Exception for hosting

5 (1) A service provider is not capable of being guilty of an offence
15under section 49, so far as it relates to a publication that includes
matter in contravention of a direction under section 45A(2), in
respect of anything done in the course of providing so much of an
information society service as consists in the storage of
information provided by a recipient of the service if sub-
20paragraph (2) or (3) is satisfied.

(2) This sub-paragraph is satisfied if the service provider had no
actual knowledge when the information was provided that it
consisted of or included matter whose inclusion in a publication is
prohibited by a direction under section 45A(2).

(3) 25This sub-paragraph is satisfied if, on obtaining such knowledge,
the service provider expeditiously removed the information or
disabled access to it.

(4) Sub-paragraph (1) does not apply if the recipient of the service is
acting under the authority or control of the service provider.

30Interpretation

6 (1) This paragraph applies for the purposes of this Schedule.

(2) “Publication” has the meaning given in section 45A.

(3) “Information society services”—

(a) has the meaning given in Article 2(a) of the E-Commerce
35Directive (which refers to Article 1(2) of Directive 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) 40is summarised in recital 17 of the E-Commerce Directive 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
45request of a recipient of a service”,

and “the E-Commerce Directive” means 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 (Directive on
5electronic commerce).

(4) “Recipient”, in relation to a service, means a person who, for
professional ends or otherwise, uses an information society
service, in particular for the purposes of seeking information or
making it accessible.

(5) 10“Service provider” means a person providing an information
society service.

(6) For the purpose of interpreting references in this Schedule to a
service provider who is established in England and Wales,
Scotland, Northern Ireland or an EEA state—

(a) 15a service provider is established in England and Wales,
Scotland, Northern Ireland or in a particular EEA state, if
the service provider—

(i) effectively pursues an economic activity using a
fixed establishment in England and Wales,
20Scotland, Northern Ireland or that EEA state, for an
indefinite period, and

(ii) is a national of an EEA state or a company or firm
mentioned in Article 54 of the Treaty on the
Functioning of the European Union;

(b) 25the 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
service provider;

(c) where it cannot be determined from which of a number of
30establishments 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
activities relating to that service.”

Section 90

SCHEDULE 16 35Procedure for certain planning challenges

Town and Country Planning Act 1990 (c. 8)Town and Country Planning Act 1990 (c. 8)

1 Part 12 of the Town and Country Planning Act 1990 (validity) is amended as
follows.

2 In section 284 (validity of development plans and certain orders, decisions
40and directions)—

(a) in subsection (1), after paragraph (f) insert “; or—

(g) a relevant costs order made in connection with an
order mentioned in subsection (2) or an action
mentioned in subsection (3),”, and

(b) after subsection (3) insert—

“(3A) In this section, “relevant costs order” means an order made
under section 250(5) of the Local Government Act 1972
(orders as to costs of parties), as applied by virtue of any
5provision of this Act.”

3 (1) Section 287 (proceedings for questioning validity of development plans and
certain schemes and orders) is amended as follows.

(2) After subsection (2) insert—

“(2A) An application under this section may not be made without the leave
10of the High Court.

(2B) An application for leave for the purposes of subsection (2A) must be
made before the end of the period of six weeks beginning with the
day after the relevant date.”

(3) After subsection (3) insert—

“(3ZA) 15An interim order has effect—

(a) if made on an application for leave, until the final
determination of—

(i) the question of whether leave should be granted, or

(ii) where leave is granted, the proceedings on any
20application under this section made with such leave;

(b) in any other case, until the proceedings are finally
determined.”

(4) Omit subsections (3C) and (4).

(5) In subsection (5), for “subsection (4)” substitute “subsection (2B)”.

(6) 25After subsection (5) insert—

“(5A) References in this Act to an application under this section do not
include an application for leave for the purposes of subsection (2A).”

4 (1) Section 288 (proceedings for questioning validity of other orders, decisions
and directions) is amended as follows.

(2) 30After subsection (1) insert—

“(1A) If a person is aggrieved by a relevant costs order made in connection
with an order or action to which this section applies and wishes to
question its validity, the person may make an application to the High
Court under this section (whether or not as part of an application
35made by virtue of subsection (1)) on the grounds—

(a) that the relevant costs order is not within the powers of this
Act, or

(b) that any of the relevant requirements have not been complied
with in relation to the order.”

(3) 40In subsection (2)—

(a) after “subsection (1)” (in the first place) insert “or (1A)”,

(b) after “applies,” (in the second place) insert “or with any relevant
costs order,”, and