Session 2010 - 11
Internet Publications
Other Bills before Parliament


 
 

Public Bill Committee: 22 March 2011                  

134

 

Education Bill, continued

 
 

Exceptions for mere conduits

 

4    (1)  

A service provider is not guilty of an offence under section 141G in

 

respect of anything done in the course of providing so much of an

 

information society service as consists in—

 

(a)    

the provision of access to a communication network, or

 

(b)    

the transmission in a communication network of

 

information provided by a recipient of the service,

 

            

if the following condition is satisfied.

 

      (2)  

The condition is that the service provider does not—

 

(a)    

initiate the transmission,

 

(b)    

select the recipient of the transmission, or

 

(c)    

select or modify the information contained in the

 

transmission.

 

      (3)  

For the purposes of sub-paragraph (1)—

 

(a)    

the provision of access to a communication network, and

 

(b)    

the transmission of information in a communication

 

network,

 

            

includes 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.

 

Exception for caching

 

5    (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 guilty of an offence under section 141G

 

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

 

making more efficient the onward transmission of the

 

information to other recipients of the service at their

 

request, and

 

(b)    

the following conditions are satisfied.

 

      (3)  

The first condition is that the service provider does not modify the

 

information.

 

      (4)  

The second condition is that the service provider complies with any

 

conditions attached to having access to the information.

 

      (5)  

The third condition is that 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)    

a court or administrative authority has ordered the removal

 

from the network of, or the disablement of access to, the

 

information.


 
 

Public Bill Committee: 22 March 2011                  

135

 

Education Bill, continued

 
 

            

the service provider expeditiously removes the information or

 

disables access to it.

 

Exception for hosting

 

6    (1)  

A service provider is not guilty of an offence under section 141G 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 the condition is met.

 

      (2)  

The condition is that—

 

(a)    

the service provider had no actual knowledge when the

 

information was provided that it contained offending

 

material, or

 

(b)    

on obtaining actual knowledge that the information

 

contained offending material, the service provider

 

expeditiously removed the information or disabled access

 

to it.

 

      (3)  

“Offending material” means material the publication of which

 

constitutes an offence under section 141G.

 

      (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


 
 

Public Bill Committee: 22 March 2011                  

136

 

Education Bill, continued

 
 

(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.”’.

 

 

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;


 
 

Public Bill Committee: 22 March 2011                  

137

 

Education Bill, continued

 
 

(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)  

at 10.30 am and 4.00 pm on Tuesday 5 April.

 

(2)  

the Committee shall hear oral evidence in accordance with the following

 

Table:

 

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

 

 
 

Public Bill Committee: 22 March 2011                  

138

 

Education Bill, continued

 
 

(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;

 

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 7.00 pm on Tuesday 5 April.

 


 
previous section contents
 

© Parliamentary copyright
Revised 22 March 2011