Criminal Justice and Courts Act 2015

(5D) (1) It is an offence for a person intentionally— (a) to disclose information about statements made, opinions expressed, arguments advanced or votes cast by members of a jury in the course of their deliberations in proceedings at an inquest, or (b) to solicit or obtain such information, subject to the exceptions in paragraphs 5E to 5G. (2) A person guilty of an offence under this paragraph is liable, on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both). (3) Proceedings for an offence under this paragraph may not be instituted except by or with the consent of the Attorney General. (5E) (1) It is not an offence under paragraph 5D for a person to disclose information in the inquest mentioned in paragraph 5D(1) for the purposes of enabling the jury to make findings or a determination or in connection with the delivery of findings or a determination. (2) It is not an offence under paragraph 5D for the senior coroner dealing with that inquest to disclose information— (a) for the purposes of dealing with the inquest, or (b) for the purposes of an investigation by a relevant investigator into whether an offence or contempt of court has been committed by or in relation to a juror in the inquest. (3) It is not an offence under paragraph 5D for a person who reasonably believes that a disclosure described in sub-paragraph (2)(b) has been made to disclose information for the purposes of the investigation. (4) It is not an offence under paragraph 5D to publish information disclosed as described in sub-paragraph (1) or (2)(a) in the inquest mentioned in paragraph 5D(1). (5) In this paragraph— - “publish” means make available to the public or a section of the public; - “relevant investigator” means— 1. a police force; 2. the Attorney General; 3. any other person or class of person specified by the Lord Chancellor for the purposes of this paragraph by regulations. (6) The Lord Chancellor must obtain the consent of the Lord Chief Justice before making regulations under this paragraph. (5F) (1) It is not an offence under paragraph 5D for a person to disclose information to a person listed in sub-paragraph (2) if— (a) the disclosure is made after the jury at the inquest mentioned in paragraph 5D(1) has been discharged, and (b) the person making the disclosure reasonably believes that— (i) an offence or contempt of court has been, or may have been, committed by or in relation to a juror in connection with that inquest, or (ii) conduct of a juror in connection with that inquest may provide grounds for an application under section 13(1)(b) of the Coroners Act 1988. (2) Those persons are— (a) a member of a police force; (b) the Attorney General's Office; (c) a judge of the High Court; (d) the Chief Coroner; (e) the senior coroner who dealt with the inquest mentioned in paragraph 5D(1); (f) a coroner's officer or a member of staff assisting a senior coroner who would reasonably be expected to disclose the information only to a person mentioned in paragraphs (b) to (e). (3) It is not an offence under paragraph 5D for a member of a police force to disclose information for the purposes of obtaining assistance in deciding whether to submit the information to a person listed in sub-paragraph (2), provided that the disclosure does not involve publishing the information. (4) It is not an offence under paragraph 5D for the Attorney General's Office or a judge of the High Court to disclose information for the purposes of an investigation by a relevant investigator into— (a) whether an offence or contempt of court has been committed by or in relation to a juror in connection with the inquest mentioned in paragraph 5D(1), or (b) whether conduct of a juror in connection with that inquest may provide grounds for an application under section 13(1)(b) of the Coroners Act 1988. (5) It is not an offence under paragraph 5D for a person who reasonably believes that a disclosure described in sub-paragraph (4) has been made to disclose information for the purposes of the investigation. (6) It is not an offence under paragraph 5D for a person to disclose information in evidence in— (a) proceedings for an offence or contempt of court alleged to have been committed by or in relation to a juror in connection with the inquest mentioned in paragraph 5D(1), (b) proceedings on an application to the High Court under section 13(1)(b) of the Coroners Act 1988 in connection with the inquest mentioned in paragraph 5D(1) where an allegation relating to conduct of or in relation to a juror forms part of the grounds for the application, or (c) proceedings on any further appeal, reference or investigation arising out of proceedings mentioned in paragraph (a) or (b). (7) It is not an offence under paragraph 5D for a person to disclose information in the course of taking reasonable steps to prepare for proceedings described in sub-paragraph (6)(a) to (c). (8) It is not an offence under paragraph 5D to publish information disclosed as described in sub-paragraph (6). (9) In this paragraph— - “the Attorney General's Office” means the Attorney General, the Solicitor General or a member of staff of the Attorney General's Office; - “publish” means make available to the public or a section of the public; - “relevant investigator” means— 1. a police force; 2. the Attorney General; 3. the Criminal Cases Review Commission; 4. the Crown Prosecution Service; 5. a senior coroner, area coroner or assistant coroner; 6. any other person or class of person specified by the Lord Chancellor for the purposes of this paragraph by regulations. (10) The Lord Chancellor must obtain the consent of the Lord Chief Justice before making regulations under this paragraph. (5G) (1) It is not an offence under paragraph 5D to solicit a disclosure described in paragraph 5E(1) to (4) or paragraph 5F(1) to (8). (2) It is not an offence under paragraph 5D to obtain information— (a) by means of a disclosure described in paragraph 5E(1) to (4) or paragraph 5F(1) to (8), or (b) from a document that is available to the public or a section of the public.

Saving for contempt of court

7

In Part 3 of Schedule 6 to the Coroners and Justice Act 2009 (offences relating to inquests: miscellaneous), at the end insert—

(11) Nothing in paragraph 5A, 5B or 5C affects what constitutes contempt of court at common law.

SCHEDULE 14

PART 1 — Offences

1

The Armed Forces Act 2006 is amended as follows.

2

In Chapter 2 of Part 7 (trial by Court Martial: proceedings), after section 163 insert—

(163A) Schedule 2A makes provision about offences relating to members of the Court Martial and their deliberations.

3

After Schedule 2 insert—

SCHEDULE 2A (1) (1) In this Schedule, “lay member” means a member of the Court Martial other than a judge advocate. (2) References in this Schedule to a member, or lay member, of the Court Martial are to any member, or lay member, whether or not the person is a person subject to service law or a civilian subject to service discipline. (3) In this Schedule, “the trial period”, in relation to a person specified as a lay member of the Court Martial for proceedings, is the period— (a) beginning when the person is sworn to try the case, and (b) ending when the proceedings terminate or, if earlier, when the lay member is discharged by the judge advocate. (2) (1) It is an offence for a lay member of the Court Martial for proceedings to research the case that is the subject of the proceedings during the trial period, subject to the exceptions in sub-paragraphs (5) and (6). (2) A person researches a case if (and only if) the person— (a) intentionally seeks information, and (b) when doing so, knows or ought reasonably to know that the information is or may be relevant to the case. (3) The ways in which a person may seek information include— (a) asking a question, (b) searching an electronic database, including by means of the internet, (c) visiting or inspecting a place or object, (d) conducting an experiment, and (e) asking another person to seek the information. (4) Information relevant to the case includes information about— (a) a person involved in events relevant to the case, (b) the judge advocate for the proceedings, (c) any other person involved in the trial, whether as a lawyer, a witness or otherwise, (d) the law relating to the case, (e) the law of evidence, and (f) Court Martial procedure. (5) It is not an offence under this paragraph for a person to seek information if the person needs the information for a reason which is not connected with the case. (6) It is not an offence under this paragraph for a person— (a) to attend the proceedings in question; (b) to seek information from the judge advocate for the proceedings; (c) to seek information from the court administration officer or from a member of the Military Court Service; (d) to do anything which the Judge Advocate General directs or authorises the person to do; (e) to do anything which the judge advocate dealing with the issue directs or authorises the person to do; (f) to seek information from another lay member of the Court Martial for the proceedings, unless the person knows or ought reasonably to know that the other lay member contravened this paragraph in the process of obtaining the information; (g) to do anything else which is reasonably necessary in order for the Court Martial to make a finding on a charge or pass a sentence. (7) A person guilty of an offence under this paragraph is liable to any punishment mentioned in the Table in section 164, but a sentence of imprisonment imposed in respect of the offence must not exceed two years. (3) (1) It is an offence for a lay member of the Court Martial for proceedings intentionally to disclose information to another lay member of that court for the proceedings during the trial period if— (a) the lay member contravened paragraph 2 in the process of obtaining the information, and (b) the information has not been provided to the Court Martial during the course of the proceedings. (2) Information has been provided to the Court Martial during the course of the proceedings if (and only if) it has been provided as part of— (a) evidence presented in the proceedings, (b) information provided to a lay member or the lay members during the trial period by the court administration officer or a member of the Military Court Service, or (c) other information provided to a lay member or the lay members during the trial period by, or with the permission of, the judge advocate dealing with the issue. (3) A person guilty of an offence under this paragraph is liable to any punishment mentioned in the Table in section 164, but a sentence of imprisonment imposed in respect of the offence must not exceed two years. (4) (1) It is an offence for a lay member of the Court Martial for proceedings intentionally to engage in prohibited conduct during the trial period, subject to the exceptions in sub-paragraphs (4) and (5). (2) “Prohibited conduct” means conduct from which it may reasonably be concluded that the person intends to make a finding on a charge or a decision about a sentence otherwise than on the basis of the evidence presented in the proceedings. (3) An offence under this paragraph is committed whether or not the person knows that the conduct is prohibited conduct. (4) It is not an offence under this paragraph for a person to research the case that is the subject of the proceedings (as defined in paragraph 2(2) to (4)). (5) It is not an offence under this paragraph for a person to disclose information to another lay member of the Court Martial. (6) A person guilty of an offence under this paragraph is liable to any punishment mentioned in the Table in section 164, but a sentence of imprisonment imposed in respect of the offence must not exceed two years. (5) (1) It is an offence for a person intentionally— (a) to disclose information about statements made, opinions expressed, arguments advanced or votes cast by members of the Court Martial for proceedings in the course of their deliberations, or (b) to solicit or obtain such information, subject to the exceptions in paragraphs 6 to 8. (2) Where a person guilty of an offence under this paragraph— (a) was a member of the Court Martial for the proceedings, or (b) at the time the offence was committed, was a person subject to service law or a civilian subject to service discipline, the person is liable to any punishment mentioned in the Table in section 164, but any sentence of imprisonment imposed in respect of the offence must not exceed two years. (3) Where any other person is guilty of an offence under this paragraph— (a) the person is liable, on conviction on indictment, to imprisonment for a term not exceeding two years or a fine (or both), and (b) proceedings for the offence may not be instituted except by or with the consent of the Attorney General. (4) The Crown Court has jurisdiction to try an offence under this paragraph committed in England and Wales other than by a person described in sub-paragraph (2), including an offence committed in respect of deliberations of members of the Court Martial sitting outside England and Wales. (6) (1) It is not an offence under paragraph 5 for a person to disclose information in the proceedings mentioned in paragraph 5(1)— (a) for the purposes of enabling the Court Martial to make a finding on a charge or pass a sentence, or (b) in connection with the delivery of the findings or sentence. (2) It is not an offence under paragraph 5 for the judge advocate for those proceedings to disclose information— (a) for the purposes of dealing with the proceedings, or (b) for the purposes of an investigation by a relevant investigator into whether an offence or contempt of court has been committed by or in relation to a lay member in the proceedings mentioned in paragraph 5(1). (3) It is not an offence under paragraph 5 for a person who reasonably believes that a disclosure described in sub-paragraph (2)(b) has been made to disclose information for the purposes of the investigation. (4) It is not an offence under paragraph 5 to publish information disclosed as described in sub-paragraph (1) or (2)(a) in the proceedings mentioned in paragraph 5(1). (5) In this paragraph— - “publish” means make available to the public or a section of the public; - “relevant investigator” means— 1. a police force listed in section 375; 2. the Attorney General; 3. any other person or class of person specified by the Lord Chancellor for the purposes of this paragraph by regulations. (6) The Lord Chancellor must obtain the consent of the Lord Chief Justice of England and Wales before making regulations under this paragraph. (7) (1) It is not an offence under paragraph 5 for a person to disclose information to a person listed in sub-paragraph (2) if— (a) the disclosure is made after the proceedings mentioned in paragraph 5(1) terminate, and (b) the person making the disclosure reasonably believes that— (i) an offence or contempt of court has been, or may have been, committed by or in relation to a lay member in connection with those proceedings, or (ii) conduct of a lay member in connection with those proceedings may provide grounds for an appeal against conviction or sentence. (2) Those persons are— (a) a member of a police force listed in section 375; (b) a judge of the Court of Appeal; (c) a judge of the Court Martial Appeal Court; (d) the registrar of criminal appeals; (e) the judge advocate who dealt with the proceedings mentioned in paragraph 5(1); (f) the court administration officer for the Court Martial; (g) a member of the Military Court Service who would reasonably be expected to disclose the information only to a person mentioned in paragraphs (b) to (f). (3) It is not an offence under paragraph 5 for a member of a police force listed in section 375 to disclose information for the purposes of obtaining assistance in deciding whether to submit the information to— (a) a judge of the Court of Appeal, (b) a judge of the Court Martial Appeal Court, or (c) the registrar of criminal appeals, provided that the disclosure does not involve publishing the information. (4) It is not an offence under paragraph 5 for a judge of the Court of Appeal, a judge of the Court Martial Appeal Court or the registrar of criminal appeals to disclose information for the purposes of an investigation by a relevant investigator into— (a) whether an offence or contempt of court has been committed by or in relation to a lay member in connection with the proceedings mentioned in paragraph 5(1), or (b) whether conduct of a lay member in connection with those proceedings may provide grounds for an appeal against conviction or sentence. (5) It is not an offence under paragraph 5 for a judge of the Court of Appeal, a judge of the Court Martial Appeal Court or the registrar of criminal appeals to disclose information for the purposes of enabling or assisting— (a) a person who was the defendant in the proceedings mentioned in paragraph 5(1), or (b) a legal representative of such a person, to consider whether conduct of a lay member in connection with those proceedings may provide grounds for an appeal against conviction or sentence. (6) It is not an offence under paragraph 5 for a person who reasonably believes that a disclosure described in sub-paragraph (4) or (5) has been made to disclose information for the purposes of the investigation or consideration in question. (7) It is not an offence under paragraph 5 for a person to disclose information in evidence in— (a) proceedings for an offence or contempt of court alleged to have been committed by or in relation to a lay member in connection with the proceedings mentioned in paragraph 5(1), (b) proceedings on an appeal, or an application for leave to appeal, against a decision in the proceedings mentioned in paragraph 5(1) where an allegation relating to conduct of or in relation to a lay member forms part of the grounds of appeal, or (c) proceedings on any further appeal or reference arising out of proceedings mentioned in paragraph (a) or (b). (8) It is not an offence under paragraph 5 for a person to disclose information in the course of taking reasonable steps to prepare for proceedings described in sub-paragraph (7)(a) to (c). (9) It is not an offence under paragraph 5 to publish information disclosed as described in sub-paragraph (7). (10) In this paragraph— - “publish” means make available to the public or a section of the public; - “relevant investigator” means— 1. a police force listed in section 375; 2. the Attorney General; 3. the Criminal Cases Review Commission; 4. the Crown Prosecution Service; 5. the Service Prosecuting Authority; 6. any other person or class of person specified by the Lord Chancellor for the purposes of this paragraph by regulations. (11) The Lord Chancellor must obtain the consent of the Lord Chief Justice of England and Wales before making regulations under this paragraph. (8) (1) It is not an offence under paragraph 5 to solicit a disclosure described in paragraph 6(1) to (4) or paragraph 7(1) to (9). (2) It is not an offence under paragraph 5 to obtain information— (a) by means of a disclosure described in paragraph 6(1) to (4) or paragraph 7(1) to (9), or (b) from a document that is available to the public or a section of the public. (9) Nothing in paragraph 2, 3 or 4 affects what constitutes contempt of court at common law or what may be certified under section 311.

PART 2 — Further amendments

4

The Armed Forces Act 2006 is amended as follows.

5

In section 50(2) (jurisdiction of the Court Martial: service offences), after paragraph (f) insert—

(fa) an offence under paragraph 2, 3 or 4 of Schedule 2A (offences committed by a lay member of the Court Martial); (fb) an offence under paragraph 5 of that Schedule (disclosing information about members' deliberations etc) committed by a person described in sub-paragraph (2) of that paragraph;

.

6

In section 51(3) (jurisdiction of the Service Civilian Court: excluded offences), after paragraph (c) insert—

(ca) an offence under paragraph 2, 3, 4 or 5 of Schedule 2A (offences relating to members of the Court Martial);

.

7

In section 373 (orders, regulations and rules), after subsection (1) insert—

(1A) The powers conferred by paragraphs 6 and 7 of Schedule 2A on the Lord Chancellor to make regulations are exercisable by statutory instrument.

8

In Schedule 2 (offences required to be referred to a service police force or the Director of Service Prosecutions under sections 113 and 116), at the end insert—

(14) An offence under paragraph 4 of Schedule 2A (lay member of the Court Martial engaging in prohibited conduct). (15) An offence under paragraph 5 of Schedule 2A (disclosing information about the deliberations of members of the Court Martial) committed by a person described in sub-paragraph (2) of that paragraph.

9

The reference in section 286(4) of the Armed Forces Act 2006 (hearing by the Court Martial of appeals from Service Civilian Court) to Part 7 of that Act includes the provisions inserted in that Part by this Schedule.

SCHEDULE 15

Children and Young Persons Act 1933 (c. 12)

1

After Schedule 1 to the Children and Young Persons Act 1933 insert—

SCHEDULE 1A (1) (1) This paragraph applies where a service provider is established in England and Wales (a “domestic service provider”). (2) Section 39 applies to a domestic service provider who— (a) includes matter in a publication in an EEA state other than the United Kingdom, and (b) does so in the course of providing information society services, as well as to a person who includes matter in a publication in England and Wales. (3) In the case of an offence under section 39, as it applies to a domestic service provider by virtue of sub-paragraph (2)— (a) proceedings for the offence may be taken at any place in England and Wales, and (b) the offence may for all incidental purposes be treated as having been committed at any such place. (4) Nothing in this paragraph affects the operation of paragraphs 3 to 5. (2) (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 39 may not be instituted against a non-UK service provider in respect of anything done in the course of the provision of information society services unless the derogation condition is satisfied. (3) The derogation condition is satisfied where the institution of proceedings— (a) is necessary for the purposes of the public interest objective, (b) relates to an information society service that prejudices that objective or presents a serious and grave risk of prejudice to that objective, and (c) is proportionate to that objective. (4) “The public interest objective” means the pursuit of public policy. (3) (1) A service provider is not capable of being guilty of an offence under section 39 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 condition in sub-paragraph (2) 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. (4) (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 capable of being guilty of an offence under section 39 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 condition in sub-paragraph (3) is satisfied. (3) The condition is that the service provider— (a) does not modify the information, (b) complies with any conditions attached to having access to the information, and (c) where sub-paragraph (4) applies, expeditiously removes the information or disables access to it. (4) This sub-paragraph applies 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. (5) (1) A service provider is not capable of being guilty of an offence under section 39 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 sub-paragraph (2) or (3) is satisfied. (2) This sub-paragraph is satisfied if the service provider had no actual knowledge when the information was provided that it consisted of or included matter whose inclusion in a publication is prohibited by a direction under section 39. (3) This sub-paragraph is satisfied if, on obtaining such knowledge, the service provider expeditiously removed the information or disabled access to it. (4) Sub-paragraph (1) does not apply if the recipient of the service is acting under the authority or control of the service provider. (6) (1) This paragraph applies for the purposes of this Schedule. (2) “Publication” has the meaning given in section 39. (3) “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”, and “the E-Commerce Directive” means 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 (Directive on electronic commerce). (4) “Recipient”, in relation to a service, means a person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible. (5) “Service provider” means a person providing an information society service. (6) For the purpose of interpreting references in this Schedule to a service provider who is established in England and Wales or an EEA state— (a) a service provider is established in England and Wales or in a particular EEA state, if the service provider— (i) effectively pursues an economic activity using a fixed establishment in England and Wales or that EEA state, for an indefinite period, and (ii) is a national of an EEA state or a company or firm mentioned in Article 54 of the Treaty on the Functioning of the European Union; (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.

Youth Justice and Criminal Evidence Act 1999 (c. 23)

2

After Schedule 2 to the Youth Justice and Criminal Evidence Act 1999 insert—

SCHEDULE 2A (1) (1) This paragraph applies where a service provider is established in England and Wales, Scotland or Northern Ireland (a “domestic service provider”). (2) Section 49, so far as it relates to a publication falling within subsection (1A)(a) of that section, applies to a domestic service provider who— (a) includes matter in a publication in an EEA state other than the United Kingdom, and (b) does so in the course of providing information society services, as well as to a person who includes matter in a publication in England and Wales, Scotland or Northern Ireland. (3) In the case of an offence under section 49, as it applies to a domestic service provider by virtue of sub-paragraph (2)— (a) proceedings for the offence may be taken at any place in England and Wales, Scotland or Northern Ireland, and (b) the offence may for all incidental purposes be treated as having been committed at any such place. (4) Section 49, so far as it relates to a publication falling within subsection (1A)(b) of that section, applies to a domestic service provider established in England and Wales who— (a) includes matter in a publication in an EEA state other than the United Kingdom, and (b) does so in the course of providing information society services, as well as to a person who includes matter in a publication in England and Wales. (5) In the case of an offence under section 49, as it applies to a domestic service provider established in England and Wales by virtue of sub-paragraph (4)— (a) proceedings for the offence may be taken at any place in England and Wales, and (b) the offence may for all incidental purposes be treated as having been committed at any such place. (6) Nothing in this paragraph affects the operation of paragraphs 3 to 5. (2) (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 49, so far as it relates to a publication that includes matter in contravention of a direction under section 45A(2), may not be instituted against a non-UK service provider in respect of anything done in the course of the provision of information society services unless the derogation condition is satisfied. (3) The derogation condition is satisfied where the institution of proceedings— (a) is necessary for the purposes of the public interest objective, (b) relates to an information society service that prejudices that objective or presents a serious and grave risk of prejudice to that objective, and (c) is proportionate to that objective. (4) “The public interest objective” means the pursuit of public policy. (3) (1) A service provider is not capable of being guilty of an offence under section 49, so far as it relates to a publication that includes matter in contravention of a direction under section 45A(2), 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 condition in sub-paragraph (2) 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. (4) (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 capable of being guilty of an offence under section 49, so far as it relates to a publication that includes matter in contravention of a direction under section 45A(2), 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 condition in sub-paragraph (3) is satisfied. (3) The condition is that the service provider— (a) does not modify the information, (b) complies with any conditions attached to having access to the information, and (c) where sub-paragraph (4) applies, expeditiously removes the information or disables access to it. (4) This sub-paragraph applies 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. (5) (1) A service provider is not capable of being guilty of an offence under section 49, so far as it relates to a publication that includes matter in contravention of a direction under section 45A(2), 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 sub-paragraph (2) or (3) is satisfied. (2) This sub-paragraph is satisfied if the service provider had no actual knowledge when the information was provided that it consisted of or included matter whose inclusion in a publication is prohibited by a direction under section 45A(2). (3) This sub-paragraph is satisfied if, on obtaining such knowledge, the service provider expeditiously removed the information or disabled access to it. (4) Sub-paragraph (1) does not apply if the recipient of the service is acting under the authority or control of the service provider. (6) (1) This paragraph applies for the purposes of this Schedule. (2) “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”, and “the E-Commerce Directive” means 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 (Directive on electronic commerce). (3) “Recipient”, in relation to a service, means a person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible. (4) “Service provider” means a person providing an information society service. (5) For the purpose of interpreting references in this Schedule to a service provider who is established in England and Wales, Scotland, Northern Ireland or an EEA state— (a) a service provider is established in England and Wales, Scotland, Northern Ireland or in a particular EEA state, if the service provider— (i) effectively pursues an economic activity using a fixed establishment in England and Wales, Scotland, Northern Ireland or that EEA state, for an indefinite period, and (ii) is a national of an EEA state or a company or firm mentioned in Article 54 of the Treaty on the Functioning of the European Union; (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.

SCHEDULE 16

Town and Country Planning Act 1990 (c. 8)

1

Part 12 of the Town and Country Planning Act 1990 (validity) is amended as follows.

2

In section 284 (validity of development plans and certain orders, decisions and directions)—

• (a) in subsection (1), after paragraph (f) insert

or— (g) a relevant costs order made in connection with an order mentioned in subsection (2) or an action mentioned in subsection (3),

, and

• (b) after subsection (3) insert—

(3A) In this section, “relevant costs order” means an order made under section 250(5) of the Local Government Act 1972 (orders as to costs of parties), as applied by virtue of any provision of this Act.

3

• (1) Section 287 (proceedings for questioning validity of development plans and certain schemes and orders) is amended as follows.

• (2) After subsection (2) insert—

(2A) An application under this section may not be made without the leave of the High Court. (2B) An application for leave for the purposes of subsection (2A) must be made before the end of the period of six weeks beginning with the day after the relevant date.

• (3) After subsection (3) insert—

(3ZA) An interim order has effect— (a) if made on an application for leave, until the final determination of— (i) the question of whether leave should be granted, or (ii) where leave is granted, the proceedings on any application under this section made with such leave; (b) in any other case, until the proceedings are finally determined.

• (4) Omit subsections (3C) and (4).

• (5) In subsection (5), for “subsection (4)” substitute “ subsection (2B) ”.

• (6) After subsection (5) insert—

(5A) References in this Act to an application under this section do not include an application for leave for the purposes of subsection (2A).

4

• (1) Section 288 (proceedings for questioning validity of other orders, decisions and directions) is amended as follows.

• (2) After subsection (1) insert—

(1A) If a person is aggrieved by a relevant costs order made in connection with an order or action to which this section applies and wishes to question its validity, the person may make an application to the High Court under this section (whether or not as part of an application made by virtue of subsection (1)) on the grounds— (a) that the relevant costs order is not within the powers of this Act, or (b) that any of the relevant requirements have not been complied with in relation to the order.

• (3) In subsection (2)—

• (a) after “subsection (1)” (in the first place) insert “ or (1A) ”,

• (b) after “applies,” (in the second place) insert “ or with any relevant costs order, ”, and

• (c) after “subsection (1)” (in the second place) insert “ or (1A) (as the case may be) ”.

• (4) Omit subsection (3).

• (5) After subsection (4) insert—

(4A) An application under this section may not be made without the leave of the High Court. (4B) An application for leave for the purposes of subsection (4A) must be made before the end of the period of six weeks beginning with the day after— (a) in the case of an application relating to an order under section 97 that takes effect under section 99 without confirmation, the date on which the order takes effect; (b) in the case of an application relating to any other order to which this section applies, the date on which the order is confirmed; (c) in the case of an application relating to an action to which this section applies, the date on which the action is taken; (d) in the case of an application relating to a relevant costs order, the date on which the order is made. (4C) When considering whether to grant leave for the purposes of subsection (4A), the High Court may, subject to subsection (6), make an interim order suspending the operation of any order or action the validity of which the person or authority concerned wishes to question, until the final determination of— (a) the question of whether leave should be granted, or (b) where leave is granted, the proceedings on any application under this section made with such leave.

• (6) In subsection (5)—

• (a) in paragraph (a), for “the order or action” substitute “ any order or action ”, and

• (b) in paragraph (b), for “the order or action in question” substitute “ any such order or action ”.

• (7) For subsection (6) substitute—

(6) The High Court may not suspend a tree preservation order under subsection (4C) or (5)(a).

• (8) In subsection (7), after “subsection” insert “ (4C) or ”.

• (9) For subsection (9) substitute—

(9) In this section— - “relevant costs order” has the same meaning as in section 284; - “the relevant requirements”— 1. in relation to any order or action to which this section applies, means any requirements of this Act or of the Tribunals and Inquiries Act 1992, or of any order, regulations or rules made under either of those Acts, which are applicable to that order or action; 2. in relation to a relevant costs order, means any requirements of this Act, of the Local Government Act 1972 or of the Tribunals and Inquiries Act 1992, or of any order, regulations or rules made under any of those Acts, which are applicable to the relevant costs order.

• (10) After subsection (10) insert—

(11) References in this Act to an application under this section do not include an application for leave for the purposes of subsection (4A).

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

5

In section 62 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (validity of certain orders and decisions)—

• (a) in subsection (1), after paragraph (b) insert

or (c) a relevant costs order made in connection with any such order or decision,

, and

• (b) after subsection (2) insert—

(2A) In this section, “relevant costs order” means an order made under section 250(5) of the Local Government Act 1972 (orders as to costs of parties), as applied by virtue of any provision of this Act.

6

• (1) Section 63 of that Act (proceedings for questioning validity of other orders, decisions and directions) is amended as follows.

• (2) In subsection (1), for “section 62(1)” substitute “ section 62(1)(a) or (b) ”.

• (3) After subsection (1) insert—

(1A) If a person is aggrieved by a relevant costs order made in connection with an order or decision mentioned in section 62(1)(a) or (b) and wishes to question its validity, the person may make an application to the High Court under this section (whether or not as part of an application made by virtue of subsection (1)) on the grounds— (a) that the relevant costs order is not within the powers of this Act, or (b) that any of the relevant requirements have not been complied with in relation to the order.

• (4) In subsection (2)—

• (a) after “subsection (1)” insert “ or (1A) ”,

• (b) for “such order or decision” substitute “ order or decision mentioned in section 62(1) ”, and

• (c) for “those grounds” substitute “ the grounds mentioned in subsection (1) or (1A) (as the case may be) ”.

• (5) For subsection (3) substitute—

(3) An application under this section may not be made without the leave of the High Court. (3A) An application for leave for the purposes of subsection (3) must be made before the end of the period of six weeks beginning with the day after— (a) in the case of an application relating to an order under section 23 that takes effect under section 25 without confirmation, the date on which the order takes effect; (b) in the case of an application relating to any other order mentioned in section 62(1)(a), the date on which the order is confirmed; (c) in the case of an application relating to a decision mentioned in section 62(1)(b) or a relevant costs order, the date on which the decision or order is made. (3B) When considering whether to grant leave for the purposes of subsection (3), the High Court may make an interim order suspending the operation of any order or decision the validity of which the person or authority concerned wishes to question, until the final determination of— (a) the question of whether leave should be granted, or (b) where leave is granted, the proceedings on any application under this section made with such leave.

• (6) In subsection (4)—

• (a) after “this section” insert “ (other than an application for leave) ”,

• (b) in paragraph (a), for “the order or decision” substitute “ any order or decision ”, and

• (c) in paragraph (b)(i), for “the order or decision” substitute “ any such order or decision ”.

• (7) For subsection (6) substitute—

(6) In this section— - “relevant costs order” has the same meaning as in section 62; - “the relevant requirements”— 1. in relation to an order or decision mentioned in section 62(1)(a) or (b), means any requirements of this Act or of the Tribunals and Inquiries Act 1992, or of any order, regulations or rules made under either of those Acts, which are applicable to the order or decision; 2. in relation to a relevant costs order, means any requirements of this Act, of the Local Government Act 1972 or of the Tribunals and Inquiries Act 1992, or of any order, regulations or rules made under any of those Acts, which are applicable to the order.

Planning (Hazardous Substances) Act 1990 (c. 10)

7

• (1) Section 22 of the Planning (Hazardous Substances) Act 1990 (validity of decisions as to applications) is amended as follows.

• (2) In subsections (1) and (2), omit “within six weeks from the date on which the decision is taken”.

• (3) After subsection (2) insert—

(2A) An application under this section may not be made without the leave of the High Court. (2B) An application for leave for the purposes of subsection (2A) must be made before the end of the period of six weeks beginning with the day after the date on which the decision to which the application relates is taken. (2C) When considering whether to grant leave for the purposes of subsection (2A), the High Court may by interim order suspend the operation of the decision the validity of which the person or authority concerned wishes to question, until the final determination of— (a) the question of whether leave should be granted, or (b) where leave is granted, the proceedings on any application under this section made with such leave.

• (4) In subsection (3), after “section” insert “ (other than an application for leave) ”.

Planning and Compulsory Purchase Act 2004 (c. 5)

8

• (1) Section 113 of the Planning and Compulsory Purchase Act 2004 (validity of strategies, plans and documents) is amended as follows.

• (2) After subsection (3) insert—

(3A) An application may not be made under subsection (3) without the leave of the High Court. (3B) An application for leave for the purposes of subsection (3A) must be made before the end of the period of six weeks beginning with the day after the relevant date.

• (3) Omit subsection (4).

• (4) After subsection (5) insert—

(5A) An interim order has effect— (a) if made on an application for leave, until the final determination of— (i) the question of whether leave should be granted, or (ii) where leave is granted, the proceedings on any application under this section made with such leave; (b) in any other case, until the proceedings are finally determined.

• (5) Omit subsection (8).

Maximum sentence for certain offences to be life imprisonment

Schedule 15B offences

Parole Board release when serving extended sentences

Minor amendments and transitional cases

Minor amendments and transitional cases

Offence of remaining unlawfully at large after recall

Minor amendments and transitional cases

Drugs for which prisoners etc may be tested

Restrictions on use of cautions

Alternatives to prosecution: rehabilitation of offenders in Scotland

Sending letters etc with intent to cause distress or anxiety

Possession of pornographic images of rape and assault by penetration

Instituting proceedings by written charge

Instituting proceedings by written charge

Youth cautions and conditional cautions: involvement of appropriate adults

Instituting proceedings: further provision

Referral orders: extension on further conviction

Referral orders: revocation on further conviction

Appeals from the Upper Tribunal to the Supreme Court

Wasted costs in certain civil proceedings

Juries at inquests

Reporting restrictions in proceedings other than criminal proceedings

Reporting restrictions in proceedings other than criminal proceedings

Criminal courts charge

Duty to review criminal courts charge

Reporting restrictions: information society services

Appeals from the Upper Tribunal to the Supreme Court

Wasted costs in certain civil proceedings

Use of information about financial resources

Research by jurors

Sharing research with other jurors

Juries at inquests

Reporting restrictions in proceedings other than criminal proceedings

Reporting restrictions: information society services

The supplementary panel of the Supreme Court

Minor amendments

Likelihood of substantially different outcome for applicant

Financial provision

Power to make consequential and supplementary provision etc

Introduction

Sentence

Offences of particular concern

Release on licence to be directed by Parole Board

Armed Forces Act 2006 (c. 52)

Application of new provisions about special custodial sentences

Detention in a young offender institution

Road Traffic Offenders Act 1988 (c. 53)

Crime (Sentences) Act 1997 (c. 43)

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

Criminal Justice Act 2003 (c. 44)

Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)

Crime (Sentences) Act 1997 (c. 43)

Criminal Justice and Court Services Act 2000 (c. 43)

Criminal Justice Act 2003 (c. 44)

Mental Health Act 1983 (c. 20)

Criminal Justice Act 2003 (c. 44)

Domestic Violence, Crime and Victims Act 2004 (c. 28)

Offender Management Act 2007 (c. 21)

Coroners and Justice Act 2009 (c. 25)

Equality Act 2010 (c. 15)

Excluded health care

Use “for an education or childcare purpose”

Educational institutions

Definitions

Mental Health Act 1983 (c. 20)

Criminal Justice Act 1988 (c. 33)

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

Criminal Justice Act 2003 (c. 44)

Coroners and Justice Act 2009 (c. 25)

Road Traffic Act 1988 (c. 52)

Road Traffic Offenders Act 1988 (c. 53)

Crime (International Co-operation) Act 2003 (c. 32)

Criminal Justice Act 2003 (c. 44)

Coroners and Justice Act 2009 (c. 25)

Crime (International Co-operation) Act 2003 (c. 32)

Coroners and Justice Act 2009 (c. 25)

Transitional period

Disapplication of duties and powers to give notices during the transitional period

Application of duties and powers to give notices after the transitional period

Saving for pre-1 December 2014 cases

England and Wales service providers: extension of liability

Non-UK service providers: restriction on institution of proceedings

Exceptions for mere conduits

Exception for caching

Exception for hosting

Interpretation

Prison Act 1952 (c. 52)

Criminal Justice Act 1961 (c. 39)

Criminal Justice Act 1982 (c. 48)

Police and Criminal Evidence Act 1984 (c. 60)

Water Industry Act 1991 (c. 56)

Prisoners (Return to Custody) Act 1995 (c. 16)

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

Children Act 2004 (c. 31)

Childcare Act 2006 (c. 21)

Education and Inspections Act 2006 (c. 40)

Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)

Offender Management Act 2007 (c. 21)

Policing and Crime Act 2009 (c. 26)

Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)

Prisons (Interference with Wireless Telegraphy) Act 2012 (c. 20)

Social Services and Well-being (Wales) Act 2014 (anaw 4)

Power to contract out

Running a contracted-out secure college

Leases and tenancies of land

Principal

Monitor

Officers

Officers who perform custodial duties

Intervention by Secretary of State

Obstruction etc of secure college custody officers

Assault of secure college custody officers

Wrongful disclosure of information relating to persons in youth detention accommodation

Meaning of “secure college custody officer”

Issue of certificate

Suspension of certificate

Revocation of certificate

Power to contract out functions at directly managed secure college

Powers of officers carrying out contracted-out functions

Obstruction etc of secure college custody officers

Assault of secure college custody officers

Wrongful disclosure of information relating to persons in youth detention accommodation

Supplementary

Prison Act 1952 (c. 52)

Criminal Justice Act 1967 (c. 80)

Firearms Act 1968 (c. 27)

Criminal Justice Act 1988 (c. 33)

Private Security Industry Act 2001 (c. 12)

Children Act 2004 (c. 31)

Offender Management Act 2007 (c. 21)

Criminal Law Act 1977 (c. 45)

Magistrates' Courts Act 1980 (c. 43)

Prosecution of Offences Act 1985 (c. 23)

Road Traffic Offenders Act 1988 (c. 53)

Pension Schemes Act 1993 (c. 48)

Vehicle Excise and Registration Act 1994 (c. 22)

Criminal Justice and Public Order Act 1994 (c. 33)

Drug Trafficking Act 1994 (c. 37)

Merchant Shipping Act 1995 (c. 21)

Terrorism Act 2000 (c. 11)

Proceeds of Crime Act 2002 (c. 29)

Education Act 2002 (c. 32)

Crime (International Co-operation) Act 2003 (c. 32)

Criminal Justice Act 2003 (c. 44)

Rehabilitation of Offenders Act 1974 (c. 53)

Magistrates' Courts Act 1980 (c. 43)

Prosecution of Offences Act 1985 (c. 23)

Insolvency Act 1986 (c. 45)

Criminal Justice Act 1991 (c. 53)

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

Proceeds of Crime Act 2002 (c. 29)

Criminal Justice Act 2003 (c. 44)

Jurors and electronic communications devices

Offences relating to research by jurors etc

Offence relating to jury's deliberations

Saving for contempt of court

Children and Young Persons Act 1933 (c. 12)

Youth Justice and Criminal Evidence Act 1999 (c. 23)

Town and Country Planning Act 1990 (c. 8)

Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9)

Planning (Hazardous Substances) Act 1990 (c. 10)

Planning and Compulsory Purchase Act 2004 (c. 5)

Editorial notes