Enterprise and Regulatory Reform Bill

Session 2012 - 13
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Other Bills before Parliament

Enterprise and Regulatory Reform Bill

Enterprise and Regulatory Reform Bill
Part 6 — Miscellaneous and general
45

(7E)
Where an inspection plan includes a requirement of the type described
in subsection (3A), a local authority exercising the function of
inspection in relation to the regulated person must provide a report to
the primary authority in accordance with the requirement.”
(5)
Omit subsection (8).
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(6)
In subsection (9) for “(8)” substitute “(7A)(a)”.
(7)
After subsection (9) insert—
“(9A)
A primary authority may, with the consent of the Secretary of State,
revoke a plan made by it under this section.
(9B)
If a primary authority revokes a plan under subsection (9A), it must
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notify the other local authorities with the function of inspection that the
plan is no longer in effect.”
(8)
In subsection (10), for “(9)” substitute “(9B)”.
(9)
After subsection (10) insert—
“(11)
In subsection (7D), “working day” means a day other than—
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(a)
a Saturday or Sunday,
(b)
Christmas Day or Good Friday, or
(c)
a day which is a bank holiday under the Banking and Financial
Dealings Act 1971 in—
(i)
the part of the United Kingdom where the primary
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authority is, or
(ii)
(if different) the part of the United Kingdom where the
authority is that has given the notification referred to in
subsection (7A)(a).”
54
Unnecessary regulation: miscellaneous
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Schedule 17 (unnecessary regulation: miscellaneous) has effect.
Part 6
Miscellaneous and general
Copyright
55
Exploitation of design derived from artistic work
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(1)
The Copyright, Designs and Patents Act 1988 is amended as follows.
(2)
Omit section 52 (effect of exploitation of design derived from artistic work).
(3)
In consequence omit the following—
(a)
section 79(4)(g);
(b)
in Schedule 1 paragraph 20.
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56
Power to change exceptions: copyright and rights in performances
(1)
The Copyright, Designs and Patents Act 1988 is amended as follows.

Enterprise and Regulatory Reform Bill
Part 6 — Miscellaneous and general
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(2)
In Chapter 3 (acts permitted in relation to copyright works) after section 28
insert—
“28ZA
Power to add or remove exceptions to copyright
(1)
The Secretary of State may by regulations amend this Chapter to
provide that any act is or is not an act which may be done in relation to
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copyright works notwithstanding the subsistence of copyright.
(2)
Regulations under this section may—
(a)
make supplementary or transitional provision;
(b)
make consequential provision, including provision amending
any enactment or subordinate legislation passed or made before
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this section comes into force.
(3)
The power to make regulations under this section is exercisable by
statutory instrument.
(4)
A statutory instrument containing regulations under this section may
not be made unless a draft of the instrument has been laid before and
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approved by resolution of each House of Parliament.”
(3)
In Part 2 (rights in performances) after section 189 (in the provisions about
exceptions to rights conferred) insert—
“189A
Power to add or remove exceptions to rights in performances
(1)
The Secretary of State may by regulations amend Schedule 2 to provide
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that any act is or is not an act which may be done notwithstanding the
rights conferred by this Chapter.
(2)
Regulations under this section may—
(a)
make supplementary or transitional provision;
(b)
make consequential provision, including provision amending
25
any enactment or subordinate legislation passed or made before
this section comes into force.
(3)
The power to make regulations under this section is exercisable by
statutory instrument.
(4)
A statutory instrument containing regulations under this section may
30
not be made unless a draft of the instrument has been laid before and
approved by resolution of each House of Parliament.”
Directors’ remuneration
57
Directors’ remuneration: effect of remuneration report
In section 439 of the Companies Act 2006 (quoted companies: approval of
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directors’ remuneration report), omit subsection (5).

Enterprise and Regulatory Reform Bill
Part 6 — Miscellaneous and general
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General
58
Consequential amendments, repeals and revocations
(1)
The Secretary of State may by order made by statutory instrument make such
provision as the Secretary of State considers appropriate in consequence of this
Act.
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(2)
The power conferred by subsection (1) includes power—
(a)
to make transitional, transitory or saving provision;
(b)
to amend, repeal, revoke or otherwise modify any provision made by
or under an enactment (including any enactment passed or made in the
same Session as this Act).
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(3)
An order under subsection (1) which makes provision for the transfer of a
function from the Competition Commission or the Office of Fair Trading to the
Competition and Markets Authority in consequence of Part 3 of this Act may
make such modifications to the function as the Secretary of State considers
appropriate in consequence of the transfer.
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(4)
The modifications mentioned in subsection (3) may, in particular, alter the
circumstances in which, or the conditions under which, the function is
exercisable.
(5)
A statutory instrument containing (whether alone or with other provision) an
order under this section which amends, repeals or revokes any provision of
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primary legislation is not to be made unless a draft of the instrument has been
laid before, and approved by a resolution of, each House of Parliament.
(6)
A statutory instrument containing an order under this section which does not
amend, repeal or revoke any provision of primary legislation is subject to
annulment in pursuance of a resolution of either House of Parliament.
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(7)
In this section—
“enactment” includes an Act of the Scottish Parliament, a Measure or Act
of the National Assembly for Wales and Northern Ireland legislation;
“primary legislation” means—
(a)
an Act of Parliament,
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(b)
an Act of the Scottish Parliament,
(c)
a Measure or Act of the National Assembly for Wales, and
(d)
Northern Ireland legislation.
59
Transitional, transitory or saving provision
The Secretary of State may by order made by statutory instrument make such
35
transitional, transitory or saving provision as the Secretary of State considers
appropriate in connection with the coming into force of any provision of this
Act.
60
Financial provision
There is to be paid out of money provided by Parliament—
40
(a)
any expenditure incurred under or by virtue of this Act by the Secretary of
State or the Competition and Markets Authority, and

Enterprise and Regulatory Reform Bill
Part 6 — Miscellaneous and general
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(b)
any increase attributable to this Act in the sums payable under any other Act
out of money so provided.
61
Extent
(1)
Part 1 extends to England and Wales, Scotland and Northern Ireland.
(2)
Part 2 extends only to England and Wales and Scotland, except that the
5
following provisions of that Part extend also to Northern Ireland—
(a)
section 16(1)(c);
(b)
paragraph 11 of Schedule 1;
(c)
paragraphs 36 to 39 of Schedule 2.
(3)
Part 3 extends to England and Wales, Scotland and Northern Ireland, except as
10
follows—
(a)
paragraphs 15 to 44, 69 to 84 and 101 to 107 of Schedule 6 extend only
to England and Wales and Scotland;
(b)
paragraphs 52 to 68, 96, 108 to 123 and 127 to 139 of that Schedule
extend only to England and Wales;
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(c)
paragraphs 9 to 14, 45 to 51, 171 to 180 and 192 to 209 of that Schedule
extend only to Scotland;
(d)
paragraphs 149 to 170 and 181 to 191 of that Schedule extend only to
Northern Ireland.
(4)
Part 4 extends to England and Wales, Scotland and Northern Ireland, except as
20
follows—
(a)
paragraphs 1 to 7 and 11 to 14 of Schedule 14 and paragraphs 2, 3, 7, 13
and 41 of Schedule 15, extend only to England and Wales and Scotland;
(b)
paragraphs 8 to 10 and 20 to 22 of Schedule 14, and paragraphs 4 to 6
and 47 to 49 of Schedule 15, extend only to England and Wales;
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(c)
paragraphs 23 to 29 of Schedule 14, and paragraphs 53 to 55 of Schedule
15, extend only to Northern Ireland.
(5)
Part 5 extends as follows—
(a)
sections 49, 52, 53 and Part 1 of Schedule 17 extend to England and
Wales, Scotland and Northern Ireland,
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(b)
section 51 extends only to England and Wales and Scotland, and
(c)
section 50, Schedule 16 and Parts 2 and 3 of Schedule 17 extend only to
England and Wales.
(6)
If a provision repealed by Part 1 of Schedule 17 extends to the Isle of Man or
any of the Channel Islands, Her Majesty may by Order in Council extend the
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repeal there.
(7)
This Part extends to England and Wales, Scotland and Northern Ireland.
62
Commencement
(1)
Sections 58 to 63 come into force on the day on which this Act is passed.
(2)
The following provisions come into force at the end of the period of 2 months
40
beginning with the day on which this Act is passed—
(a)
section 51;
(b)
paragraphs 7 and 8 of Schedule 16 (and section 50 so far as it relates to
them);

Enterprise and Regulatory Reform Bill
Part 6 — Miscellaneous and general
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(c)
Parts 1 and 2 of Schedule 17 (and section 54 so far as it relates to them).
(3)
The remaining provisions of this Act come into force on such day as the
Secretary of State may by order made by statutory instrument appoint.
(4)
An order under subsection (3) may appoint different days for different
purposes.
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63
Short title
This Act may be cited as the Enterprise and Regulatory Reform Act 2012.