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| | (2) | In subsection (2), for “a relevant body” substitute “the Chief Executive”. |
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| | (3) | In subsections (4) and (5), for “body” substitute “Chief Executive”. |
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| | |
| | | In section 159(1) (interpretation of Part 8), omit the definition of “the YPLA”. |
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| | Safeguarding Vulnerable Groups Act 2006 (c. 47) |
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| | | In Schedule 7 to the Safeguarding Vulnerable Groups Act 2006 (vetting |
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| | information), in the table in paragraph 1, in column 1 of entry 18— |
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| | |
| | (b) | after “2009” insert “, section 14 of the Education Act 2002”. |
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| | Local Government and Public Involvement in Health Act 2007 (c. 28) |
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| | | In section 104 of the Local Government and Public Involvement in Health Act |
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| | 2007 (partner authorities), in subsection (4), omit paragraph (fa). |
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| | |
| | | ESA 2008 is amended as follows. |
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| | | In section 13 (notification of non-compliance with section 2 duty), in |
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| | subsection (5), in paragraph (f) of the definition of “educational institution”, |
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| | for “Young People’s Learning Agency for England” substitute “Secretary of |
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| | |
| | | In section 72 (educational institutions: duty to provide information), in |
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| | subsection (5), in paragraph (f) of the definition of “educational institution”, |
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| | for “Young People’s Learning Agency for England” substitute “Secretary of |
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| | |
| | | In section 77 (supply of information by public bodies), in subsection (2)(b), for |
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| | “Young People’s Learning Agency for England” substitute “Secretary of |
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| | |
| | | In section 132 (providers of independent education or training for 16 to 18 year |
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| | olds), in subsection (2)(b)(iv), for “Young People’s Learning Agency for |
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| | England” substitute “Secretary of State”. |
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| | Local Democracy, Economic Development and Construction Act 2009 (c. 20) |
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| | | In section 123 of the Local Democracy, Economic Development and |
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| | Construction Act 2009 (partner authorities), in subsection (4), omit paragraph |
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| | |
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| | |
| Schedule 15, page 111, line 14, at end insert— |
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| | ‘ | In section 107 (provision of services), in subsection (4), omit paragraph (e).’. |
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| |
| | |
| Schedule 15, page 111, line 22, at end insert ‘and 57(b). |
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| | | In Schedule 12 (Ofqual and the QCDA: minor and consequential |
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| | amendments), omit paragraph 28(3).’. |
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| |
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| | |
| Clause 65, page 52, leave out lines 6 to 16. |
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| | |
| Clause 66, page 52, line 44, after ‘guidance’, insert ‘which must be aimed at |
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| guaranteeing standards of apprenticeship certificates.’. |
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| |
| | |
| Clause 66, page 53, line 7, at end insert— |
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| | ‘(5) | The guidance or directions given by the Secretary of State to the person |
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| | designated under this section to issue apprenticeship certificates must include |
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| | measures to ensure the timely delivery of certificates, a competitive |
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| | apprenticeship market and a process to appeal decisions of the chosen body.’. |
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| |
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| |
| | |
| Clause 68, page 53, leave out line 24. |
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| | |
| Clause 68, page 53, leave out line 25 to 32. |
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| | |
| Clause 68, page 53, line 33, leave out subsection (3). |
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| |
| |
| |
| | |
| Clause 69, page 54, line 6, at end insert— |
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| | |
| | (ab) | sections 19 to 39 (except section 29(1)(b)); |
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| | (ac) | sections 40 to 44.’. |
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| |
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| |
| |
| | |
| Clause 70, page 54, line 36, at end insert— |
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| | ‘(2A) | In section 22 of THEA 1998 (recovery of amounts due from borrowers), in |
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| | subsection (5), after paragraph (h), insert— |
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| | “(i) | imposing on borrowers conditions on which an outstanding |
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| | amount can be repaid in advance of the term date”.’. |
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| |
| |
| | |
| Clause 70, page 54, line 43, at end add— |
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| | ‘(5) | In section 42 of THEA 1998 (Orders and regulations), in subsection (4) leave out |
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| | |
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| Page 55, line 13, leave out Clause 72. |
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| Page 56, line 4, leave out Clause 73. |
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| | |
| Clause 74, page 56, line 26, leave out ‘or 63(2)’. |
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| |
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| | |
| Clause 77, page 57, line 13, leave out ‘(2) to’ and insert ‘(3) and’. |
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| |
| | |
| Clause 77, page 57, line 14, leave out subsection (2). |
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| | |
| Clause 78, page 57, line 31, leave out paragraph (c) and insert— |
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| | |
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| | |
| Clause 78, page 57, line 34, leave out paragraph (f). |
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| | |
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| | |
| To move the following Clause:— |
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| | ‘The Secretary of State must promote language comprehension as well as word |
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| | recognition and phonics skills throughout the infant curriculum.’. |
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| |
| | Collection of data on serious incidents in schools |
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| |
| | |
| To move the following Clause:— |
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| | ‘The Secretary of State must annually collect and publish data from a |
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| | representative sample of schools on the number of serious incidents of |
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| | misbehaviour in schools, including those which do not result in fixed-term or |
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| | |
| |
| | Further education institutions access to information |
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| |
| | |
| To move the following Clause:— |
|
| | ‘(1) | This subsection applies to information held for the purposes of functions relating |
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| | |
| | (a) | by the Commissioners for Her Majesty’s Revenue and Customs, or |
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| | (b) | by a person providing services to them, in connection with the provision |
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| | |
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| |
| |
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| | (2) | This subsection applies to information held for the purposes of functions relating |
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| | |
| | (a) | by the Secretary of State, or |
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| | (b) | by a person providing services to the Secretary of State in connection |
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| | with the provision of those services. |
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| | (3) | Information to which subsection (1) or (2) applies may be supplied to the |
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| | Secretary of State, or a person providing services to the Secretary of State, for use |
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| | for the purpose of determining eligibility for student support funds. |
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| | (4) | Information to which subsection (2) applies may be supplied to an English local |
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| | authority for use for that purpose. |
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| | (5) | Information received by virtue of subsection (3) may be supplied— |
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| | (a) | to another person to whom it could have been supplied under that |
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| | |
| | (b) | to an English local authority, for use for that purpose, |
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| | (c) | directly to a further education institution. |
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| | (6) | The references in subsections (4) and (5)(b) to an English local authority include |
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| | references to a person exercising on behalf of an English local authority functions |
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| | relating to eligibility for student support funds. |
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| | (7) | This section does not limit the circumstances in which information may be |
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| | supplied apart from this section.’. |
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| |
| | Further education lecturers in schools |
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| |
| | |
| To move the following Clause:— |
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| | ‘The Secretary of State must change the regulations so that qualified Further |
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| | Education lecturers can teach in schools.’. |
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| |
| | Restrictions on reporting alleged offences by Further Education lecturers |
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| |
| | |
| To move the following Clause:— |
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| | ‘In Part 8 of EA 2002 (teachers), after section 136 insert— |
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| | “Allegations of offences committed by teachers in further education institutions in |
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| | England and Wales: reporting restrictions |
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| | 136A | Restrictions on reporting alleged offences by teachers in further |
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| | |
| | (1) | This section applies where a person who is employed or engaged as a |
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| | teacher at a further education institution is the subject of an allegation |
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| | falling within subsection (2). |
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| |
| |
|
| | (2) | An allegation falls within this subsection if— |
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| | (a) | it is an allegation that the person is guilty of a relevant criminal |
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| | |
| | (b) | it is made by or on behalf of a registered student aged 17 or under |
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| | |
| | (3) | No matter relating to the person is to be included in any publication if it |
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| | is likely to lead members of the public to identify the person as the |
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| | teacher who is the subject of the allegation. |
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| | (4) | Any person may make an application to an appropriate criminal court for |
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| | an order dispensing with the restrictions imposed by subsection (3). |
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| | (5) | The court may make an order dispensing with the restrictions, to the |
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| | extent specified in the order, if it is satisfied that it is in the interests of |
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| | justice to do so, having regard to the welfare of the person who is the |
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| | subject of the allegation. |
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| | (6) | The power under subsection (5) of a magistrates’ court may be exercised |
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| | |
| | (7) | In the case of a decision of a magistrates’ court to make or refuse to make |
|
| | an order under subsection (5), a person mentioned in subsection (8) may, |
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| | in accordance with Criminal Procedure Rules— |
|
| | (a) | appeal to the Crown Court against the decision, or |
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| | (b) | appear or be represented at the hearing of such an appeal. |
|
| | (8) | The persons referred to in subsection (7) are— |
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| | (a) | a person who was a party to the proceedings on the application |
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| | |
| | (b) | any other person with the leave of the Crown Court. |
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| | (9) | On an appeal under subsection (7), the Crown Court may— |
|
| | (a) | make such an order as is necessary to give effect to its |
|
| | determination of the appeal, and |
|
| | (b) | make such incidental or consequential orders as appear to it to be |
|
| | |
| | (10) | The restrictions in subsection (3) cease to apply once there are |
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| | proceedings in a court in respect of the offence. |
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| | |
| | “appropriate criminal court” means any court in England or Wales which |
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| | has any jurisdiction in, or in relation to, any criminal proceedings. |
|
| | “publication” includes any speech, writing, relevant programme or other |
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| | communication in whatever form, which is addressed to the public at |
|
| | large or any section of the public (and for this purpose, every relevant |
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| | programme shall be taken to be so addressed), but does not include an |
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| | indictment or other document prepared for use in particular legal |
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| | |
| | “relevant criminal offence”, in relation to a person employed or engaged as |
|
| | a teacher or lecturer at a further education institution, means an offence |
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| | against the law of England and Wales where the victim of the offence is |
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| | a registered student at the institution; |
|
| | “relevant programme” means a programme included in a programme |
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| | service, within the meaning of the Broadcasting Act 1990. |
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|
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| |
| |
|
| | “further education institution” means an institution within the further |
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| | education sector (within the meaning given by section 91(3)(a) to (c) of |
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| | the Further and Higher Education Act 1992). |
|
| | 136B | Offence of breach of reporting restrictions |
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| | (1) | This section applies if a publication includes any matter in breach of |
|
| | |
| | (2) | Where the publication is a newspaper or periodical, any proprietor, any |
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| | editor and any publisher of the newspaper or periodical is guilty of an |
|
| | |
| | (3) | Where the publication is a programme included in a programme service |
|
| | (within the meaning of the Broadcasting Act 1990), the following are |
|
| | |
| | (a) | anybody corporate engaged in providing the programme service |
|
| | in which the programme is included, and |
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| | (b) | any person having functions in relation to the programme |
|
| | corresponding to those of an editor of a newspaper. |
|
| | (4) | In the case of any other publication, any person publishing it is guilty of |
|
| | |
| | (5) | A person guilty of an offence under this section is liable on summary |
|
| | conviction to a fine not exceeding level 5 on the standard scale. |
|
| | (6) | If an offence committed by a body corporate is proved— |
|
| | (a) | to have been committed with the consent or connivance of, or |
|
| | (b) | to be attributable to any neglect on the part of, an officer, the |
|
| | officer as well as the body corporate is guilty of the offence and |
|
| | liable to be proceeded against and punished accordingly. |
|
| | (7) | In subsection (6) “officer” means a director, manager, secretary or other |
|
| | similar officer of the body, or a person purporting to act in any such |
|
| | |
| | (8) | If the affairs of a body corporate are managed by its members, “director” |
|
| | in subsection (7) means a member of that body. |
|
| | |
| | (1) | Where a person is charged with an offence under section 136B, it is a |
|
| | defence for the person to prove any of the matters mentioned in |
|
| | |
| | |
| | (a) | that, at the time of the alleged offence, the person was not away, |
|
| | and neither suspected nor had reason to suspect, that the |
|
| | publications included the matter in question; |
|
| | (b) | that, at the time of the alleged offence, the person was not aware, |
|
| | and neither suspected nor had reason to suspect, the allegation in |
|
| | |
| | (c) | that the person who is the subject of the allegation had given |
|
| | written consent to the inclusion of the matter in question in the |
|
| | |
|