House of Commons Public Bill Committee Proceedings

Session 2012 - 13
Internet Publications
Other Bills before Parliament

Public Bill Committee Proceedings: 17 July 2012
57

Enterprise and Regulatory Reform Bill, continued

(a)
the performer’s consent would otherwise be required under

that section, but

(b)
the right to authorise or prohibit the act qualifies as an

orphan right under the regulations.

      (2)
The regulations may—

(a)
specify a person or a description of persons authorised to

grant licences, or

(b)
provide for a person designated in the regulations to specify

a person or a description of persons authorised to grant

licences.

      (3)
The regulations must provide that, for a right to qualify as an orphan

right, it is a requirement that the owner of the right has not been

found after a diligent search made in accordance with the

regulations.

      (4)
The regulations must provide for any licence—

(a)
to have effect as if granted by the missing owner;

(b)
not to give exclusive rights;

(c)
not to be granted to a person authorised to grant licences.

      (5)
The regulations may apply in a case where it is not known whether

a performer’s right subsists, and references to a right, to a missing

owner and to an interest of a missing owner are to be read as

including references to a supposed right, owner or interest.

1B  (1)
The Secretary of State may by regulations provide for a licensing

body that applies to the Secretary of State under the regulations to

be authorised to grant 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 the right to authorise or

prohibit the act is not owned by the body or a person on whose

behalf the body acts.

      (2)
An authorisation must specify the acts to which any of those

sections applies that the licensing body is authorised to license.

      (3)
The regulations must provide for the rights owner to have a right to

limit or exclude the grant of licences by virtue of the regulations.

      (4)
The regulations must provide for any licence not to give exclusive

rights.

1C  (1)
This paragraph and paragraph 1D apply to regulations under

paragraphs 1A and 1B.

      (2)
The regulations may provide for a body to be or remain authorised

to grant licences only if specified requirements are met, and for a

question whether they are met to be determined by a person, and in

a manner, specified in the regulations.

      (3)
The regulations may specify other matters to be taken into account

in any decision to be made under the regulations as to whether to

authorise a person to grant licences.

      (4)
The regulations must provide for the treatment of any royalties or

other sums paid in respect of a licence, including—

(a)
the deduction of administrative costs;

Public Bill Committee Proceedings: 17 July 2012
58

Enterprise and Regulatory Reform Bill, continued

(b)
the period for which sums must be held;

(c)
the treatment of sums after that period (as bona vacantia or

otherwise).

      (5)
The regulations must provide for circumstances in which an

authorisation to grant licences may be withdrawn, and for

determining the rights and obligations of any person if an

authorisation is withdrawn.

      (6)
The regulations may include other provision for the purposes of

authorisation and licensing, including in particular provision—

(a)
for determining the rights and obligations of any person if

a right ceases to qualify as an orphan right (or ceases to

qualify by reference to any rights owner), or if a rights

owner exercises the right referred to in paragraph 1B(3),

while a licence is in force;

(b)
about maintenance of registers and access to them;

(c)
permitting the use of a work for incidental purposes

including an application or search;

(d)
for a right conferred by section 205C to be treated as having

been asserted under section 205D;

(e)
for the payment of fees to cover administrative expenses.

1D  (1)
The power to make regulations includes 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;

(b)
to make transitional, transitory or saving provision;

(c)
to make different provision for different purposes.

      (2)
Regulations under any provision may amend this Part, or any other

enactment or subordinate legislation passed or made before that

provision 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 make provision 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.”

Public Bill Committee Proceedings: 17 July 2012
59

Enterprise and Regulatory Reform Bill, continued

5
In section 205A of the Copyright, Designs and Patents Act 1988, and in the

italic heading before that section (licensing of performers’ property rights),

omit “property”.’.

Mr Iain Wright

Ian Murray

Chi Onwurah

Not called  NS2

To move the following Schedule:—

‘Commission for Equality and Human Rights-Independence from Government

1
Schedule 1 to the Equality Act 2006 is amended as follows.

2
Replace all reference to “Secretary of State” with “both Houses of

Parliament”.’.

Mr Andrew Turner

Not selected  NS3

To move the following Schedule:—

Short title and chapter
Extent of repeal

Osborne Estate Act 1902 (c. 37)
In section 1(3)—

(a)
the words from “and the part” to “Barton House

and grounds)”; and

(b)
the words “as if it had been committed to their

management under section twenty-two of the

Crown Lands Act 1851”.

In section 1(4)—

(a)
paragraph (b) and the word “and” immediately

preceding it; and

(b)
the second sentence.

Osborne Estate Act 1914 (c. 36)
The whole Act.’.

Bill, as amended, to be reported.



© Parliamentary copyright	Revised 18 July 2012