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Session 2012 - 13
Internet Publications
Other Bills before Parliament


 
 

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Enterprise and Regulatory Reform Bill, continued

 
 

“30A  

Sharing and viewing on the internet

 

Where work is made available to the public at a particular web address

 

with the permission of the owner of the copyright in that work, copyright

 

shall not be infringed by—

 

(a)    

any circulation of that web address, or of its title, or of another

 

web address that redirects to that web address;

 

(b)    

the downloading of any data required to display that work at that

 

address, and any subsequent processing of that data, including

 

processing for display, provided that it does not result in any

 

publication elsewhere of the work or an adaptation of the

 

work.”.’.

 


 

Material available to the public under freedom of information

 

Fiona O’Donnell

 

NC16

 

To move the following Clause:—

 

‘(1)    

The Copyright, Designs and Patents Act 1988 is amended as follows.

 

(2)    

In Part 1 (copyright) after section 47 (in the provisions relating to public

 

administration) insert the following new section—

 

“47A  

Material available to the public under freedom of information

 

(1)    

Where material has been communicated to the public, pursuant to a

 

freedom of information provision, any copyright in the material as a

 

literary work is not infringed by the copying of so much of the material

 

as contains factual information of any description for a purpose which

 

does not involve the issuing of copies to the public.

 

(2)    

Where material has been communicated to the public, pursuant to a

 

freedom of information provision, copyright is not infringed by the

 

copying or communicating to the public of the material, for the purpose

 

of enabling the material to be inspected at a more convenient time or

 

place or otherwise facilitating the exercise of the right conferred by

 

section 1 of that Act.

 

(3)    

Where material which has been communicated to the public, pursuant to

 

a freedom of information provision, contains information about matters

 

of general scientific, technical, commercial or economic interest,

 

copyright is not infringed by the copying or issuing to the public of copies

 

of the material, for the purpose of disseminating that information.

 

(4)    

The Secretary of State may by order provide that subsection (1), (2) or (3)

 

shall, in such cases as may be specified in the order, apply only to copies

 

marked in such manner as may be so specified.

 

(5)    

In this section, “freedom of information provision” means—

 

(a)    

section 1 of the Freedom of Information Act 2000;

 

(b)    

section 1 of the Freedom of Information (Scotland) Act 2000;

 

and


 
 

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(c)    

regulation 5 of the Environmental Information Regulations

 

2004.

 

(6)    

The Secretary of State may by order add further provisions to subsection

 

(5) above.

 

(7)    

An Order under this section shall be made by Statutory Instrument which

 

shall be subject to annulment in pursuance of a resolution of either House

 

of Parliament.”.’.

 


 

Remuneration committees and non-executive directors

 

Mr Iain Wright

 

Ian Murray

 

Chi Onwurah

 

NC17

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

The Secretary of State will provide for a requirement that an employee

 

representative should be a member of the remuneration committee of a relevant

 

body corporate.

 

(2)    

The Secretary of State will provide for a requirement that companies must

 

demonstrate that non-executive directors on boards and remuneration committees

 

are drawn from a diverse background.

 

(3)    

Companies must demonstrate that they are widening their search for non-

 

executive committees.

 

(4)    

Companies must report how they are widening their search for non-executive

 

directors in their annual report.’.

 


 

High Pay Commission

 

Mr Iain Wright

 

Ian Murray

 

Chi Onwurah

 

NC18

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

The Secretary of State will establish the High Pay Commission for the purposes

 

of fulfilling subsection (2).

 

(2)    

The High Pay Commission will assess and make recommendations to the

 

Secretary of State and to Parliament relating to—

 

(a)    

the level of directors’ remuneration;

 

(b)    

directors’ remuneration relative to the median of wages in the United

 

Kingdom;

 

(c)    

the nature of remuneration packages provided to directors; and

 

(d)    

the relationship between directors’ remuneration and performance of

 

companies in the United Kingdom.


 
 

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(3)    

The membership of the High Pay Commission shall be decided by the Secretary

 

of State and subject to approval by the House of Commons.

 

(4)    

Membership may be, but not confined to, representatives from—

 

(a)    

businesses;

 

(b)    

business representative organisations;

 

(c)    

trade unions; and

 

(d)    

civic society organisations.

 

(5)    

The Secretary of State will provide resources as required to enable the High Pay

 

Commission to fulfil its objects as set out in subsection 2.

 

(6)    

The High Pay Commission will, on an annual basis, prepare and provide a report

 

to the Secretary of State on issues affecting directors’ remuneration as set out in

 

subsection 2 and make recommendations on the effective operation and reporting

 

of companies’ legislation relating to directors’ remuneration.’.

 


 

Osborne estate

 

Mr Andrew Turner

 

NC19

 

Parliamentary Star    

To move the following Clause:—

 

‘(1)    

Section 1 of the Osborne Estate Act 1902 (c.37) (estate to be part of hereditary

 

revenues of Crown etc) is amended in accordance with subsections (2) to (4).

 

(2)    

In subsection (3) (certain land to be managed as if it had been committed to the

 

management of the Commissioners of Works under section 22 of the Crown

 

Lands Act 1851 (c.42) (royal parks, gardens etc)) the words “as if it had been

 

committed to their management under section twenty-two of the Crown Lands

 

Act 1851” shall cease to have effect.

 

(3)    

Subsection (4)(b) (which requires part of Osborne House and grounds to be used

 

for the benefit of officers of Her Majesty’s naval or military forces or their wives,

 

widows or family) shall cease to have effect.

 

(4)    

Omit the following provisions (which relate to land no longer forming part of the

 

Osborne estate)—

 

(a)    

in subsection (3) , the words from “and the part” to “Barton House and

 

grounds)”; and

 

(b)    

in subsection (4), the second sentence.

 

(5)    

The Secretary of State accordingly—

 

(a)    

continues to manage Osborne House, and such other parts of the Osborne

 

estate as are from time to time under his management, in accordance with

 

the provisions as to management in section 1(3) of the Osborne Estate

 

Act 1902, but

 

(b)    

does so in accordance with that provision as amended by this section.

 

(6)    

In managing Osborne House as described in subsection (5), the Secretary of State

 

must ensure that the royal apartments continue to be preserved and kept open to

 

the public as described in section 1(4)(a) of the Osborne Estate Act 1902.

 

(7)    

In this section “the Osborne estate” means the estate described in the plans

 

deposited with the Clerk of the Parliaments and the Clerk of the House of

 

Commons as described in the preamble to the Osborne Estate Act 1902 (c.37).

 

(8)    

In consequence of the provision made by subsection (3), the Osborne Estate Act

 

1914 (c.36) (which makes provision for extending the descriptions of person for


 
 

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whose benefit the part of the House and grounds there mentioned is to be used)

 

shall cease to have effect.

 

(9)    

The enactments mentioned in the Schedule [Osborne Estate-repeals] are repealed

 

to the extent there specified.’.

 


 

New SchedulES

 

Norman Lamb

 

NS1

 

To move the following Schedule:—

 

‘Licensing of copyright and performers’ rights

 

Part 1

 

Regulation of Licensing bodies

 

1          

In the Copyright, Designs and Patents Act 1988, before Schedule 1 insert—

 

“Schedule A1

 

Regulation of licensing bodies

 

Codes of practice

 

1    (1)  

The Secretary of State may by regulations make provision for a

 

licensing body to be required to adopt a code of practice that

 

complies with criteria specified in the regulations.

 

      (2)  

In relation to a licensing body that fails to adopt a code of practice

 

that it is required to adopt under provision within sub-paragraph (1),

 

the regulations may provide for a code of practice approved by the

 

Secretary of State or by a person designated by the Secretary of

 

State under the regulations to have effect as a code of practice

 

adopted by the body.

 

2          

Regulations under paragraph 1 may make provision as to conditions

 

that are to be satisfied, and procedures that are to be followed—

 

(a)    

before a licensing body is required to adopt a code of

 

practice as described in paragraph 1(1);

 

(b)    

before a code of practice has effect as one adopted by a

 

licensing body as described in paragraph 1(2).

 

Licensing code ombudsman

 

3    (1)  

The Secretary of State may by regulations make provision—

 

(a)    

for the appointment of a person (the “licensing code

 

ombudsman”) to investigate and determine disputes about

 

a licensing body’s compliance with its code of practice;

 

(b)    

for the reference of disputes to the licensing code

 

ombudsman;

 

(c)    

for the investigation and determination of a dispute so

 

referred.


 
 

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      (2)  

Provision made under this paragraph may in particular include

 

provision—

 

(a)    

about eligibility for appointment as the licensing code

 

ombudsman;

 

(b)    

about the disputes to be referred to the licensing code

 

ombudsman;

 

(c)    

requiring any person to provide information, documents or

 

assistance to the licensing code ombudsman for the

 

purposes of an investigation or determination;

 

(d)    

requiring a licensing body to comply with a determination

 

of the licensing code ombudsman;

 

(e)    

about the payment of expenses and allowances to the

 

licensing code ombudsman.

 

Code reviewer

 

4    (1)  

The Secretary of State may by regulations make provision—

 

(a)    

for the appointment by the Secretary of State of a person

 

(the “code reviewer”) to review and report to the Secretary

 

of State on—

 

(i)    

the codes of practice adopted by licensing bodies,

 

and

 

(ii)    

compliance with the codes of practice;

 

(b)    

for the carrying out of a review and the making of a report

 

by that person.

 

      (2)  

The regulations must provide for the Secretary of State, before

 

appointing a person as the code reviewer, to consult persons whom

 

the Secretary of State considers represent the interests of licensing

 

bodies, licensees, members of licensing bodies, and the Intellectual

 

Property Office.

 

      (3)  

The regulations may, in particular, make provision—

 

(a)    

requiring any person to provide information, documents or

 

assistance to the code reviewer for the purposes of a review

 

or report;

 

(b)    

about the payment of expenses and allowances to the code

 

reviewer.

 

      (4)  

In this paragraph “member”, in relation to a licensing body, means

 

a person on whose behalf the body is authorised to negotiate or

 

grant licences.

 

Sanctions

 

5    (1)  

The Secretary of State may by regulations provide for the

 

consequences of a failure by a licensing body to comply with—

 

(a)    

a requirement to adopt a code of practice under provision

 

within paragraph 1(1);

 

(b)    

a code of practice that has been adopted by the body in

 

accordance with a requirement under provision within

 

paragraph 1(1), or that has effect as one adopted by the

 

body under provision within paragraph 1(2);


 
 

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(c)    

a requirement imposed on the body under any other

 

provision made under this Schedule;

 

(d)    

an authorisation under regulations under section 116A or

 

116B;

 

(e)    

a requirement imposed by regulations under section 116A

 

or 116B;

 

(f)    

an authorisation under regulations under paragraph 1A or

 

1B of Schedule 2A;

 

(g)    

a requirement imposed by regulations under paragraph 1A

 

or 1B of that Schedule.

 

      (2)  

The regulations may in particular provide for—

 

(a)    

the imposition of financial penalties or other sanctions;

 

(b)    

the imposition of sanctions on a director, manager or

 

similar officer of a licensing body or, where the body’s

 

affairs are managed by its members, on a member.

 

      (3)  

The regulations may include provision—

 

(a)    

for determining whether there has been a failure to comply

 

with a requirement or code of practice for the purposes of

 

sub-paragraph (1);

 

(b)    

for determining any sanction that may be imposed in

 

respect of the failure to comply;

 

(c)    

for an appeal against the imposition of any such sanction.

 

      (4)  

A financial penalty imposed under sub-paragraph (2) must not be

 

greater than £50,000.

 

      (5)  

The regulations may provide for a determination within sub-

 

paragraph (3)(a) or (3)(b) to be made by the Secretary of State or by

 

a person designated by the Secretary of State under the regulations.

 

      (6)  

The regulations may make provision for requiring a person to give

 

the person by whom a determination within sub-paragraph (3)(a)

 

falls to be made (the “adjudicator”) any information that the

 

adjudicator reasonably requires for the purpose of making that

 

determination.

 

Fees

 

6    (1)  

The Secretary of State may by regulations require a licensing body

 

to which regulations under any other paragraph of this Schedule

 

apply to pay fees to the Secretary of State.

 

      (2)  

The aggregate amount of fees payable under the regulations must

 

not be more than the cost to the Secretary of State of administering

 

the operation of regulations under this Schedule.

 

General

 

7    (1)  

The power to make regulations under this Schedule includes in

 

particular power—

 

(a)    

to make incidental, supplementary or consequential

 

provision, including provision extending or restricting the

 

jurisdiction of the Copyright Tribunal or conferring powers

 

on it;


 
 

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(b)    

to make provision for bodies of a particular description, or

 

carrying out activities of a particular description, not to be

 

treated as licensing bodies for the purposes of requirements

 

imposed under regulations under this Schedule;

 

(c)    

to make provision that applies only in respect of licensing

 

bodies of a particular description, or only in respect of

 

activities of a particular description;

 

(d)    

otherwise to make different provision for different

 

purposes.

 

      (2)  

Regulations under a paragraph of this Schedule may amend this

 

Part or Part 2, or any other enactment or subordinate legislation

 

passed or made before the paragraph in question comes into force,

 

for the purpose of making consequential provision or extending or

 

restricting the jurisdiction of the Copyright Tribunal or conferring

 

powers on it.

 

      (3)  

Regulations may impose requirements by reference to guidance

 

issued from time to time by any person.

 

      (4)  

The power to make regulations is exercisable by statutory

 

instrument.

 

      (5)  

A statutory instrument containing regulations that amend an

 

enactment may not be made unless a draft of the instrument has

 

been laid before and approved by a resolution of each House of

 

Parliament.

 

      (6)  

Any other statutory instrument containing regulations is subject to

 

annulment in pursuance of a resolution of either House of

 

Parliament.

 

8          

References in this Schedule to a licensing body are to a body that is

 

a licensing body for the purposes of this Chapter or for the purposes

 

of Chapter 2 of Part 2, and references to licensees are to be

 

construed accordingly.”

 

Part 2

 

Performers’ rights

 

1          

Schedule 2A to the Copyright, Designs and Patents Act 1988 (licensing of

 

performers’ property rights) is amended as follows.

 

2          

In the heading of the Schedule omit “property”.

 

3          

In paragraph 1, after sub-paragraph (4) insert—

 

  “(5)  

Schedule A1 confers powers to provide for the regulation of

 

licensing bodies.”

 

4          

After paragraph 1 insert—

 

“Orphan rights licensing and extended collective licensing

 

1A  (1)  

The Secretary of State may by regulations provide for the grant of

 

licences to do, or authorise the doing of, acts to which section 182,

 

182A, 182B, 182C, 182CA, 183 or 184 applies in respect of a

 

performance, where—


 
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© Parliamentary copyright
Revised 12 July 2012