Session 2010 - 11
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Other Bills before Parliament

Public Bill Committee: 24 March 2011

153

Education Bill, continued

‘The Secretary of State shall require by order maintained schools, Academies and

FE institutions to—

(a)	be represented on Health and Wellbeing Boards established under

section 178 (Establishment of Health and Wellbeing Boards), of the

Health and Social Care Act 2011; and

(b)	participate in integrated working in the provision on health and social

care services under section 179 (Duty to encourage integrated working)

of the Health and Social Care Act 2011.’.’.

NEW SCHEDULE

Mr Nick Gibb

NS1

To move the following Schedule:—

‘Offence of breach of reporting restrictions: application to providers of

information society services

After Schedule 11A to EA 2002 (inserted by section 8), insert—

“Schedule 11B

Offence under section 141G: supplementary provisions

Introduction

1    (1)

This Schedule makes supplementary provision relating to an

offence under section 141G (breach of reporting restrictions

relating to alleged offences committed by teachers).

(2)	The purpose of this Schedule is to comply with Directive 2000/31/

EC of the European Parliament and of the Council of 8 June 2000

on certain legal aspects of information society services, in particular

electronic commerce, in the Internal Market (“the E-Commerce

Directive”).

Domestic service providers: extension of liability

2    (1)

This paragraph applies where a service provider is established in

England and Wales (a “domestic service provider”).

(2)	Section 141G applies to a domestic service provider who—

(a)	publishes information in breach of section 141F(3) in an

EEA state other than the United Kingdom, and

(b)	does so in the course of providing information society

services,

as it applies to a person who publishes such information in England

and Wales.

(3)	In such a case—

(a)	proceedings for the offence may be taken at any place in

England and Wales, and

Public Bill Committee: 24 March 2011

154

Education Bill, continued

(b)	the offence may for all incidental purposes be treated as

having been committed at any such place.

Non-UK service providers: restriction on proceedings

3    (1)

This paragraph applies where a service provider is established in an

EEA state other than the United Kingdom (a “non-UK service

provider”).

(2)	Proceedings for an offence under section 141G must not be brought

against a non-UK service provider in respect of anything done in

the course of the provision of information society services.

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.

Public Bill Committee: 24 March 2011

155

Education Bill, continued

(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.

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,

Public Bill Committee: 24 March 2011

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Education Bill, continued

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.”’.

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.

Public Bill Committee: 24 March 2011

157

Education Bill, continued

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)	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: 24 March 2011

158

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.

© Parliamentary copyright	Revised 24 March 2011