Part 4

Miscellaneous and general
Chapter 1

Cheating services provided for post-16 students at English institutions

Meaning of “relevant service” and other key expressions
26
1
This section applies for the purposes of this Chapter.
2
“Relevant service” means a service of completing all or part of an assignment on behalf of a student where the assignment completed in that way could not reasonably be considered to have been completed personally by the student.
3
References to completing all or part of an assignment on behalf of a student include references to providing material to the student in connection with the assignment where—
a
the student could use the material in completing the assignment or part, and
b
the material—
i
is prepared in connection with the assignment, or
ii
has not been published generally.
4
For this purpose—
a
where, in connection with an assignment, a student seeks the provision of a relevant service, any material provided as a result is to be regarded as provided in connection with the assignment;
b
material is published generally if it—
i
is available generally without payment, or
ii
is included in a publication that contains other educational or training material and is available generally (such as a text book or study guide).
5
A person who provides, or arranges the provision of, a relevant service does so “in commercial circumstances” if—
a
the person is acting in the course of business, or
b
in the case of a person who provides a relevant service, its provision was arranged by another person acting in the course of business,
whether the person’s own business or that of the person’s employer.
6
“Student” means—
a
a person who is undertaking a relevant course at a post-16 institution or sixth form in England, or
b
any other person over compulsory school age who has been entered to take an examination relating to a regulated qualification at a place in England.
7
A “relevant assignment”, in relation to a student, is an assignment (which may have been chosen by the student) which the student is required to complete personally—
a
as part of the relevant course which the student is undertaking, or
b
in order to obtain the qualification to which the course leads or for which the student has been entered.
8
In relation to an assignment that is a relevant assignment—
a
“personally” includes with any assistance permitted as part of the requirement (whether or not the assignment, if completed with that assistance, would otherwise be considered to be completed personally), and
b
that assistance is “permitted assistance”.
9
Section 30 sets out the meanings of other terms used in this Chapter (including in this section).
S. 26 in force at 28.6.2022, see s. 36(2)