House of Commons Amendments

Session 2010 - 12
Internet Publications
Other Bills before Parliament

Consideration of Bill: 11 October 2011
3467

Protection of Freedoms Bill, continued

11B
Power to charge fees in relation to release of datasets for re-use

(1)
The Secretary of State may, with the consent of the Treasury, make provision by

regulations about the charging of fees by public authorities in connection with

making relevant copyright works available for re-use under section 11A(2) or by

virtue of section 19(2A)(c).

(2)
Regulations under this section may, in particular—

(a)
prescribe cases in which fees may, or may not, be charged,

(b)
prescribe the amount of any fee payable or provide for any such amount

to be determined in such manner as may be prescribed,

(c)
prescribe, or otherwise provide for, times at which fees, or parts of fees,

are payable,

(d)
require the provision of information about the manner in which amounts

of fees are determined,

(e)
make different provision for different purposes.

(3)
Regulations under this section may, in prescribing the amount of any fee payable

or providing for any such amount to be determined in such manner as may be

prescribed, provide for a reasonable return on investment.

(4)
In this section “relevant copyright work” has the meaning given by section

11A(3).”’.

Secretary Theresa May

28

Page  79,  line  40  [Clause  98],  at end insert—

‘(2B)
The public authority may exercise any power that it has by virtue of regulations

under section 11B to charge a fee in connection with making the relevant

copyright work available for re-use in accordance with a requirement imposed by

virtue of subsection (2A)(c).

(2C)
Nothing in this section or section 11B prevents a public authority which is subject

to such a requirement from exercising any power that it has by or under an

enactment other than this Act to charge a fee in connection with making the

relevant copyright work available for re-use.

(2D)
Where a public authority intends to charge a fee (whether in accordance with

regulations under section 11B or as mentioned in subsection (2C)) in connection

with making a relevant copyright work available for re-use by an applicant, the

authority must give the applicant a notice in writing (in this section referred to as

a “re-use fee notice”) stating that a fee of an amount specified in, or determined

in accordance with, the notice is to be charged by the authority in connection with

complying with the requirement imposed by virtue of subsection (2A)(c).

(2E)
Where a re-use fee notice has been given to the applicant, the public authority is

not obliged to comply with the requirement imposed by virtue of subsection

(2A)(c) while any part of the fee which is required to be paid is unpaid.

(2F)
Where a public authority intends to charge a fee as mentioned in subsection (2C),

the re-use fee notice may be combined with any other notice which is to be given

under the power which enables the fee to be charged.’.

Consideration of Bill: 11 October 2011
3468

Protection of Freedoms Bill, continued

REMAINING NEW CLAUSES

Causing harassment, alarm and distress: restriction of scope

Mr Edward Leigh

Sir Alan Beith

Mr David Davis

Kate Hoey

Tim Farron

Mr Graham Brady

Total signatories: 67

Nicola Blackwood

NC1

To move the following Clause:—

‘(1)
The Public Order Act 1986 (c. 64) is amended as follows.

(2)
In section 5(1)(a) and (b) for “abusive or insulting” substitute “or abusive” in each

case.’.

Offence of aggravated trespass

Caroline Lucas

Dr Julian Huppert

NC9

To move the following Clause:—

‘(1)
The Criminal Justice and Public Order Act 1994 is amended as follows:

(2)
Omit section 68 (Offence of aggravated trespass) and section 69 (Powers to

remove persons committing or participating in aggravated trespass).’.

Repealing powers preventing access to locations on the internet

Dr Julian Huppert

NC11

To move the following Clause:—

‘(1)
The Digital Economy Act 2010 is amended as follows—

(2)
Omit section 17 (Power to make provision about injunctions preventing access to

locations on the internet) and section 18 (Consultation and Parliamentary

scrutiny).’.

Consideration of Bill: 11 October 2011
3469

Protection of Freedoms Bill, continued

Amendments to Part 7 and remaining proceedings on consideration

Secretary Theresa May

29

Page  87,  line  14  [Clause  111],  after ‘Schedule 8’ insert ‘and section (Tax in

connection with transfer schemes)’.

Secretary Theresa May

30

Page  88,  line  4  [Clause  111],  at end insert—

‘(fa)
section (Tax in connection with transfer schemes),’.

Secretary Theresa May

31

Page  88,  line  8  [Clause  111],  leave out ‘Part 2’ and insert ‘Parts 1A, 2 and 6A’.

Secretary Theresa May

32

Page  88,  line  36  [Clause  112],  at end insert—

‘(za)
sections 85 to 87 and section (Tax in connection with transfer schemes),’.

Secretary Theresa May

65

Page  149,  line  26  [Schedule  9],  at end insert—

‘House of Commons Disqualification Act 1975

A1
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975

(other disqualifying offices) insert at the appropriate place—

“Commissioner for the Retention and Use of Biometric Material”.

Northern Ireland Assembly Disqualification Act 1975

A2
In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act

1975 (other disqualifying offices) insert at the appropriate place—

“Commissioner for the Retention and Use of Biometric Material”.’.

Secretary Theresa May

66

Page  150,  line  1  [Schedule  9],  after ‘to’ insert ‘19,’.

Consideration of Bill: 11 October 2011
3470

Protection of Freedoms Bill, continued

Secretary Theresa May

67

Page  150,  line  7  [Schedule  9],  at end insert—

‘Part 1A

The Surveillance Camera Commissioner

House of Commons Disqualification Act 1975

2A
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975

(other disqualifying offices) insert at the appropriate place—

“Surveillance Camera Commissioner”.’.

Secretary Theresa May

68

Page  151  [Schedule  9],  leave out lines 18 to 33 and insert—

‘(1)
This section applies to an application to the sheriff for an order under section 23A

or 32A.

(2)
Rules of court must make provision for the purposes of ensuring that an

application to which this section applies is dealt with in private and must, in

particular—

(a)
require the sheriff to determine an application in private,

(b)
secure that any hearing is to be held in private, and

(c)
ensure that notice of an application (or of any order being made) is not

given to—

(i)
the person to whom the authorisation or notice which is the

subject of the application or order relates, or

(ii)
such a person’s representatives.’.

Secretary Theresa May

69

Page  151,  line  36  [Schedule  9],  leave out from third ‘to’ to first ‘is’ in line 37 and

insert ‘which this section applies’.

Secretary Theresa May

70

Page  151,  line  38  [Schedule  9],  leave out ‘any order made under’.

Secretary Theresa May

79

Page  154,  line  26  [Schedule  9],  after ‘substitute “’ insert ‘is’.

Consideration of Bill: 11 October 2011
3471

Protection of Freedoms Bill, continued

Secretary Theresa May

80

Page  156,  line  17  [Schedule  9],  at end insert—

‘Terrorism Act 2006

27A
In section 36 of the Terrorism Act 2006 (review of terrorism legislation)—

(a)
in subsections (3) and (4) for “under this section” substitute “under

subsection (2)”,

(b)
in subsection (5) after “Parliament” insert “as soon as the Secretary of

State is satisfied that doing so will not prejudice any criminal

proceedings”,

(c)
in subsection (6) for “to carry out a review under this section”

substitute “under subsection (1)”, and

(d)
after subsection (6) insert—

“(6A)
The expenses mentioned in subsection (6) include, in

particular, any expenses incurred by the person appointed

under subsection (1) in ensuring that another person carries

out a review of the kind mentioned in subsection (4A) and

reports on it.”’.

Secretary Theresa May

71

Page  165,  line  33  [Schedule  9],  at end insert—

‘Part 6A

The Disclosure and Barring Service

Parliamentary Commissioner Act 1967

117A
In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc.

subject to investigation) insert at the appropriate place—

“Disclosure and Barring Service.”

House of Commons Disqualification Act 1975

117B (1)
Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying

offices) is amended as follows.

      (2)
In Part 2 (bodies of which all members are disqualified) insert at the

appropriate place—

“The Disclosure and Barring Service.”

      (3)
In Part 3 (other disqualifying offices) insert at the appropriate place—

“Member of the staff of the Disclosure and Barring Service.”

Northern Ireland Assembly Disqualification Act 1975

117C (1)
Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975

(disqualifying offices) is amended as follows.

      (2)
In Part 2 (bodies of which all members are disqualified) insert at the

appropriate place—



© Parliamentary copyright	Revised 11 October 2011