Higher Education Cheating Services Prohibition Bill (HL Bill 8)

A

BILL

TO

Make it an offence to provide or advertise cheating services for Higher
Education assessments.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

1 Offence to provide or advertise cheating services for Higher Education
assessments

(1) A person commits an offence if the person—

(a) provides any service specified in subsection (4), and

(b) 5receives (or reasonably expects to receive) a payment, financial reward
or other financial benefit in connection with the provision of that
service.

(2) A person commits an offence if the person advertises any service specified in
subsection (4).

(3) 10A person commits an offence if that person, without reasonable excuse,
publishes an advertisement for any service specified in subsection (4).

(4) The services referred to in subsections (1) to (3) are those provided to a student
enrolled at a Higher Education provider in England which consist of—

(a) completing (in whole or in part) on behalf of the student an assignment,
15examination or any other work that the student is required to complete
personally as part of a Higher Education course without authorisation
from the person who imposed the requirement, such that the
assignment, examination or other work could not reasonably be
considered that of the student, or

(b) 20arranging for another person to complete (in whole or in part) on behalf
of the student an assignment, examination or any other work that the
student is required to complete personally as part of a Higher
Education course without authorisation from the person who imposed
the requirement, such that the assignment, examination or other work
25could not reasonably be considered that of the student.

Higher Education Cheating Services Prohibition BillPage 2

(5) A person shall not be guilty of an offence in subsection (1), (2) or (3) if they
demonstrate that they did not know and could not with reasonable diligence
know that the service might or would be used by a student enrolled on a
Higher Education course to complete an assignment, examination or other
5work that the student is required to undertake personally as part of that course
without authorisation from the person who imposed the requirement.

(6) Where a body corporate is guilty of an offence under this section and the
offence is committed with the consent or connivance of, or attributable to
neglect on the part of, a director, manager, secretary or other similar officer of
10the body corporate, or a person who was purporting to act in any such
capacity, he or she, as well as the body corporate, is guilty of that offence and
liable to be proceeded against and punished accordingly.

(7) A person who commits an offence under this section is liable—

(a) on summary conviction, to a fine;

(b) 15on conviction on indictment, to a fine.

2 Extent, commencement and short title

(1) This Act extends to England and Wales only.

(2) This Act comes into force on the day on which it is passed.

(3) This Act may be cited as the Higher Education Cheating Services Prohibition
20Act 2019.