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Public Bill Committee: 5 April 2011                     

260

 

Education Bill, continued

 
 

      (4)  

This paragraph does not apply if the recipient of the service is acting

 

under the authority or control of the service provider.

 

Interpretation

 

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 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)    

is 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 request of a recipient of a service”;

 

“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 society

 

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

 

in 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)    

is 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

 

service 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

 

activities relating to that service.”’.

 


 

Mr Nick Gibb

 

That certain written evidence already reported to the House be appended to the

 

proceedings of the Committee.


 
 

Public Bill Committee: 5 April 2011                     

261

 

Education Bill, continued

 
 

 

Order of the House [8 February 2011]

 

That the following provisions shall apply to the Education Bill—

 

Committal

 

1.    

The Bill shall be committed to a Public Bill Committee.

 

Proceedings in Public Bill Committee

 

2.    

Proceedings in the Public Bill Committee shall (so far as not previously

 

concluded) be brought to a conclusion on Tuesday 5 April 2011.

 

3.    

The Public Bill Committee shall have leave to sit twice on the first day on

 

which it meets.

 

Consideration and Third Reading

 

4.    

Proceedings on consideration shall (so far as not previously concluded) be

 

brought to a conclusion one hour before the moment of interruption on the

 

day on which those proceedings are commenced.

 

5.    

Proceedings on Third Reading shall (so far as not previously concluded) be

 

brought to a conclusion at the moment of interruption on that day.

 

6.    

Standing Order No. 83B (Programming committees) shall not apply to

 

proceedings on consideration and Third Reading.

 

Other proceedings

 

7.    

Any other proceedings on the Bill (including any proceedings on

 

consideration of Lords Amendments or on any further messages from the

 

Lords) may be programmed.

 

 

Order of the Committee [1 March 2011]

 

That—

 

(1)  

the Committee shall (in addition to its first meeting at 10.30 am on Tuesday

 

1 March) meet—

 

(a)  

at 4.00 pm on Tuesday 1 March;

 

(b)  

at 9.00 am and 1.00 pm on Thursday 3 March;

 

(c)  

at 10.30 am and 4.00 pm on Tuesday 8 March;

 

(d)  

at 9.00 am and 1.00 pm on Thursday 10 March;

 

(e)  

at 10.30 am and 4.00 pm on Tuesday 15 March;

 

(f)  

at 9.00 am and 1.00 pm on Thursday 17 March;

 

(g)  

at 10.30 am and 4.00 pm on Tuesday 22 March;

 

(h)  

at 9.00 am and 1.00 pm on Thursday 24 March;

 

(i)  

at 10.30 am and 4.00 pm on Tuesday 29 March;

 

(j)  

at 9.00 am and 1.00 pm on Thursday 31 March;

 

(k)  

9.00 am and 1.30 pm on Tuesday 5 April.

 

(2)  

the Committee shall hear oral evidence in accordance with the following

 

Table:


 
 

Public Bill Committee: 5 April 2011                     

262

 

Education Bill, continued

 
 

TABLE

 

Date

Time

Witness

 
 

Tuesday

Until no later than

Independent Academies Association;

 
 

1 March

11.45 am

Harris Federation; Cuckoo Hall

 
   

Primary School; Richard Rose Federation

 
   

of Academies

 
  

Until no later than

Association of Schools and College Leaders;

 
  

12.15 pm

NAHT

 
  

Until no later than

Local Government Association; Assocation

 
  

1.00 pm

of Directors of Children’s Services; David

 
   

Smellie (employment lawyer)

 
 

Tuesday

Until no later than

Mossbourne Community Academy; Burlington

 
 

1 March

5.00 pm

Danes Academy; Sir Alan Steer (author of

 
   

Steer report 2010: behaviour and the role of

 
   

home-school agreements); Beaumont Leys

 
   

School; National Governors’ Association

 
  

Until no later than

Assocation of Teachers and Lecturers;

 
  

6.00 pm

NASUWT; National Union of Teachers;

 
   

Unison

 
  

Until no later than

Ofsted

 
  

6.20 pm

  
  

Until no later than

Ofqual

 
  

6.50 pm

  
  

Until no later than

National Children’s Bureau; Special Education

 
  

7.30 pm

Consortium; Children’s Commissioner for

 
   

England

 
 

Thursday

Until no later than

Association of Learning Providers; 157 Group;

 
 

3 March

10.00 am

Sixth Form Colleges’ Forum; Association of

 
   

Colleges; Sir Mike Tomlinson (author of

 
   

Tomlinson Inquiry, former chief inspector of

 
   

schools and chief advisor for London schools)

 
  

Until no later than

Young People’s Learning Agency

 
  

10.25 am

  
 

Thursday

Until no later than

Universities UK and 1994 Group; Million+

 
 

3 March

1.30 pm

  
  

Until no later than

University Alliance; National Union of

 
  

2.30 pm

Students

 
  

Until no later than

Birkbeck College, University of London; Open

 
  

3.15 pm

University; New College Durham

 
  

Until no later than

Construction Skills; UK Commission for

 
  

3.45 pm

Employment and Skills

 
 

(3)  

proceedings on consideration of the Bill in Committee shall be taken in the

 

following order: Clauses 1 to 4; Schedule 1; Clauses 5 to 11; Schedule 2;


 
 

Public Bill Committee: 5 April 2011                     

263

 

Education Bill, continued

 
 

Clause 12; Schedule 3; Clauses 13 to 16; Schedule 4; Clause 17; Schedule 5;

 

Clauses 18 to 21; Schedule 6; Clauses 22 to 24; Schedule 7; Clause 25;

 

Schedule 8; Clauses 26 to 34; Schedule 9; Clauses 35 and 36; Schedule 10;

 

Clauses 37 to 48; Schedule 11; Clauses 49 to 52; Schedule 12; Clauses 53 to

 

59; Schedule 13; Clauses 60 and 61; Schedule 14; Clauses 62 and 63;

 

Schedule 15; Clause 64; Schedule 16; Clause 65; Schedule 17; Clauses 66 to

 

79; new Clauses; new Schedules; remaining proceedings on the Bill;

 

(4)  

the procedings shall (so far as not previously concluded) be brought to a

 

conclusion at 6.00 pm on Tuesday 5 April.

 

 

NOTICES WITHDRAWN

 

The following Notices have been withdrawn:

 

Kevin Brennan

 

Mr Iain Wright

 

246

 

Clause  70,  page  54,  leave out lines 27 to 31 and insert ‘the Consumer Price Index but

 

if the Consumer Price Index is more than three per cent. a year, three per cent.’.

 


 
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