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4(1)An internet service, other than a user-to-user service or a search service—
(a)of which the provider is—
(i)the person with legal responsibility for education or childcare of a description listed in Part 2 of Schedule 1 (“the responsible person”), or where the responsible person is a body, a member of that body, or
(ii)a person who is employed or engaged to provide education or childcare of a description listed in Part 2 of Schedule 1, and who is subject to safeguarding duties which relate to the provision of that education or childcare, and
(b)which is provided for the purposes of that education or childcare.
(2)In sub-paragraph (1)(a)(ii), “safeguarding duties” means duties or requirements which are related to the safeguarding of children arising under enactments other than this Act, under guidance or requirements (however referred to) produced under enactments other than this Act, or as a result of contractual arrangements made by the responsible person.
(3)For the purposes of this paragraph, the person with legal responsibility for education or childcare of a particular description is the person with legal responsibility for its day-to-day provision (for example, the person with legal responsibility for a particular school), rather than any other person who has a duty to ensure that, in general, education or childcare of that description (or education or childcare which includes education or childcare of that description) is provided.
Commencement Information
I1Sch. 9 para. 4 not in force at Royal Assent, see s. 240(1)
I2Sch. 9 para. 4 in force at 10.1.2024 by S.I. 2023/1420, reg. 2(y)
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