House of Commons Public Bill Committee Proceedings

Session 2012 - 13
Internet Publications
Other Bills before Parliament

Public Bill Committee Proceedings: 17 July 2012
50

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

Not called  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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Enterprise and Regulatory Reform Bill, continued

(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

Second reading negatived on division  NC17

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

Second reading negatived on division  NC18

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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Enterprise and Regulatory Reform Bill, continued

(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

Not selected  NC19

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

Added  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.

Public Bill Committee Proceedings: 17 July 2012
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Enterprise and Regulatory Reform Bill, continued

      (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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Enterprise and Regulatory Reform Bill, continued

(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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Enterprise and Regulatory Reform Bill, continued

(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—



© Parliamentary copyright	Revised 18 July 2012