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| Clause 9, page 15, line 16, after ‘school’, insert ‘including an Academy’. |
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| Clause 9, page 16, line 24, at end insert— |
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| | ‘(2A) | On the first, and subsequent, use of the power to set standards against which a |
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| | person is to be judged as having completed an induction period, the Secretary of |
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| | State must lay the draft standards, or a draft revision of the standards, before |
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| | Parliament and the standards will not come into effect until an affirmative |
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| | resolution on whether the standards are implemented has been achieved in each |
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| Clause 9, page 16, leave out lines 35 to 40 and insert— |
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| | ‘“the appropriate body” shall be the local authority for the area in which the |
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| Clause 10, page 19, line 9, leave out ‘section 141B of EA 2002’ and insert |
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| ‘schedule 2 to the THEA 1998’. |
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| Schedule 2, page 63, line 31, at end insert— |
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| | ‘(2A) | The Secretary of State shall consult associations of teachers, higher education |
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| | institutions providing courses which may form part of the award of qualified |
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| | teacher status, and associations of local authorities before making regulations |
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| | under this section which make provision by reference to— |
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| | (a) | the content of a course or programme, or |
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| | (b) | the standard of education or training provided through a course or |
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| Schedule 2, page 63, leave out lines 32 to 38. |
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| Schedule 3, page 65, line 42, after ‘State’, insert ‘or a charity’. |
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| Clause 13, page 20, line 27, at end insert— |
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| | ‘(2) | The Secretary of State may by order amend this section to include all staff, or a |
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| | description of staff, working in schools and institutions of further education.’. |
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| Clause 13, page 21, line 24, at end insert— |
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| | ‘(9) | Schedule 11B contains supplementary provision relating to an offence under |
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| Clause 14, page 22, line 3, at beginning insert ‘Subject to subsection (2),’. |
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| Clause 14, page 22, line 4, at end insert— |
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| | ‘(2) | Before the Secretary of State exercises the power to commence this section under |
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| | section 78, he must lay before Parliament a report which sets out arrangements to |
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| | maintain the standards of entry to initial teacher education, and the promotion of |
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| Clause 27, page 27, line 24, at end insert— |
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| Page 38, line 41, leave out Clause 44. |
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| Clause 65, page 52, leave out lines 6 to 16. |
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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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| 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:— |
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| | ‘(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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| | (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 |
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| | an order under subsection (5), a person mentioned in subsection (8) may, |
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| | in accordance with Criminal Procedure Rules— |
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| | (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. |
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| | (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— |
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| | (a) | make such an order as is necessary to give effect to its |
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| | determination of the appeal, and |
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| | (b) | make such incidental or consequential orders as appear to it to be |
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| | (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. |
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| | “publication” includes any speech, writing, relevant programme or other |
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| | communication in whatever form, which is addressed to the public at |
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| | 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 |
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| | 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; |
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| | “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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| | “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). |
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| | 136B | Offence of breach of reporting restrictions |
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| | (1) | This section applies if a publication includes any matter in breach of |
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| | (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 |
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| | (3) | Where the publication is a programme included in a programme service |
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| | (within the meaning of the Broadcasting Act 1990), the following are |
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| | (a) | anybody corporate engaged in providing the programme service |
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| | in which the programme is included, and |
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| | (b) | any person having functions in relation to the programme |
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| | corresponding to those of an editor of a newspaper. |
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| | (4) | In the case of any other publication, any person publishing it is guilty of |
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| | (5) | A person guilty of an offence under this section is liable on summary |
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| | conviction to a fine not exceeding level 5 on the standard scale. |
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| | (6) | If an offence committed by a body corporate is proved— |
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| | (a) | to have been committed with the consent or connivance of, or |
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| | (b) | to be attributable to any neglect on the part of, an officer, the |
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| | officer as well as the body corporate is guilty of the offence and |
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| | liable to be proceeded against and punished accordingly. |
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| | (7) | In subsection (6) “officer” means a director, manager, secretary or other |
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| | similar officer of the body, or a person purporting to act in any such |
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| | |
| | (8) | If the affairs of a body corporate are managed by its members, “director” |
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| | in subsection (7) means a member of that body. |
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| | |
| | (1) | Where a person is charged with an offence under section 136B, it is a |
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| | defence for the person to prove any of the matters mentioned in |
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| | (a) | that, at the time of the alleged offence, the person was not away, |
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| | and neither suspected nor had reason to suspect, that the |
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| | publications included the matter in question; |
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| | (b) | that, at the time of the alleged offence, the person was not aware, |
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| | and neither suspected nor had reason to suspect, the allegation in |
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| | (c) | that the person who is the subject of the allegation had given |
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| | written consent to the inclusion of the matter in question in the |
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| | (3) | Written consent is not a defence if it is proved that any person interfered |
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| | unreasonably with the peace or comfort of the person giving the consent, |
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| | with intent to obtain it.”.’. |
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| To move the following Schedule:— |
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| | ‘Offence of breach of reporting restrictions: application to providers of |
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| | information society services |
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| | | After Schedule 11A to EA 2002 (inserted by section 8), insert— |
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| | Offence under section 141G: supplementary provisions |
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| | 1 (1) | This Schedule makes supplementary provision relating to an |
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| | offence under section 141G (breach of reporting restrictions |
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| | relating to alleged offences committed by teachers). |
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| | (2) | The purpose of this Schedule is to comply with Directive 2000/31/ |
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| | EC of the European Parliament and of the Council of 8 June 2000 |
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| | on certain legal aspects of information society services, in particular |
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| | electronic commerce, in the Internal Market (“the E-Commerce |
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