Enterprise and Regulatory Reform Bill

SIXTH
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE

The amendments have been marshalled in accordance with the Instruction of 20th November 2012, as follows—

Clause 52
Schedule 16
Clauses 53 to 55
Schedule 17
Clauses 56 to 63
Schedules 18 and 19
Clause 64
Schedule 20
Clauses 65 to 68
Schedule 21
Clauses 69 to 80

[Amendments marked * are new or have been altered]

Clause 51

LORD STEVENSON OF BALMACARA

BARONESS HAYTER OF KENTISH TOWN

26EA

Page 44, line 36, at end insert—

“(2A) Prior to the subordinate legislation coming into force, the review of the effectiveness of the legislation as set out in subsection (2)(a) will receive the views of businesses, business organisations, civic organisations and trade unions, and any such organisations which the person considers appropriate.”

26EB

Page 45, line 9, at end insert—

“(7) Subordinate legislation identified as having ceased to have effect in subsection (2)(b) will cease to exist only on one of two prescribed dates.

(8) The dates as set out in subsection (7) will be 6 April and 1 October (known as the Common Commencement Date).

(9) The Secretary of State must publish a Statement of New Regulations at least three months before new regulations come into force.

(10) The Statement of New Regulations must include—

(a) new regulations which will come into force at the next Common Commencement Date;

(b) regulations that cease to have effect in subsection (2)(b).”

Clause 52

LORD MARLAND

26F

Page 47, leave out lines 25 and 26 and insert—

“( ) providing for any of the following, as they apply for the purposes of provisions mentioned in paragraph (f), to apply with any modifications consequential on provision made under that paragraph—

(i) sections 30 to 37;

(ii) sections 62 and 63;

(iii) Parts 3 and 4;

(iv) Schedule 3.”

Clause 53

LORD MARLAND

26G

Page 52, line 14, leave out “the application for” and insert “issue of”

26H

Page 52, leave out lines 15 to 18 and insert—

“( ) Works for which a certificate is issued under this section are to be conclusively presumed to be lawful, provided that—

(a) they are carried out within 10 years beginning with the date of issue of the certificate, and

(b) the certificate is not revoked under section 26I.”

26J

Page 53, line 27, leave out “by an order”

26K

Page 53, line 34, leave out “by an order made by the Secretary of State”

26L

Page 53, line 36, leave out “by such an order”

Schedule 17

LORD MARLAND

26M

Page 239, line 38, at end insert—

“ In section 108 (compensation for refusal or conditional grant of planning permission formerly granted by order) after subsection (3E) insert—

“(3F) This section does not apply to the extent that the development referred to in subsection (1)(b) would, while permitted by a development order, have required conservation area consent under the Planning (Listed Buildings and Conservation Areas) Act 1990.””

26N

Page 242, line 36, at end insert—

“ In section 92(2)(b) (application to Isles of Scilly), after “Schedules 1, 2” insert “, 2A”.”

26P

Page 242, line 37, leave out paragraph 16 and insert—

“ In section 93(5) (orders subject to affirmative procedure), after “section” insert “26C,”.”

Clause 56

BARONESS CAMPBELL OF SURBITON

BARONESS TURNER OF CAMDEN

LORD LOW OF DALSTON

27

Page 54, line 40, leave out paragraph (a)

BARONESS TURNER OF CAMDEN

28

Page 55, line 2, leave out subsection (2)

BARONESS CAMPBELL OF SURBITON

LORD LOW OF DALSTON

28ZA

Page 55, line 8, leave out subsection (6)

After Clause 56

BARONESS THORNTON

LORD LOW OF DALSTON

BARONESS HUSSEIN-ECE

LORD CRISP

28ZB

Insert the following new Clause—

“Commission for Equality and Human Rights: accountability to Parliament

(1) The Equality Act 2006 is amended as follows.

(2) In paragraph 1 of Schedule 1, (membership) after sub-paragraph (1) insert—

“(1A) Appointments shall not take effect until such time as they are approved by a Committee of both Houses of Parliament.”

(3) In paragraph 7 of Schedule 1, for sub-paragraph (2) substitute—

“(2) An appointment under sub-paragraph (1)(a) shall not take effect until such time as it has been approved by a Committee of both Houses of Parliament.”

(4) In paragraph 32 of Schedule 1, for sub-paragraphs (4) to (6) substitute—

“(4) The Commission shall lay each annual report before Parliament within 3 months of the end of the financial year to which the report relates.

(5) The Commission shall send a copy of each annual report to—

(a) the Secretary of State,

(b) the Scottish Parliament, and

(c) the National Assembly for Wales.”

(5) In section 4 (strategic plan), for subsection (4) substitute—

“(4) The Commission shall lay the plan and each revision before Parliament.

(4A) The Commission shall send a copy of the plan and each revision to the Secretary of State.”

(6) After paragraph 38 of Schedule 1 (funding) insert—

“38A The budget fixed under paragraph 38 is subject to approval by a resolution of each House of Parliament.””

28ZC

Insert the following new Clause—

“Equality Act 2010: Equality Impact Assessment

(1) The Equality Act 2010 is amended as follows.

(2) In section 149 (public sector equality duty), after subsection (6) insert—

“(6A) A public authority shall make the following arrangements for compliance with the duties under this section—

(a) assessing and consulting on the likely impact of its proposed policies on the promotion of its duties under this section;

(b) monitoring its policies for any adverse impact on the fulfilment of its duties under this section;

(c) publishing the results of such assessments and consultations as are mentioned in paragraph (a) and of such monitoring as is mentioned in paragraph (b);

(d) ensuring public access to information and services which it provides; and

(e) training staff in connection with the duties imposed by this section.””

BARONESS THORNTON

LORD HARRIES OF PENTREGARTH

LORD AVEBURY

LORD CRISP

28ZD

Insert the following new Clause—

“Equality Act 2010: caste discrimination

(1) Section 9 of the Equality Act 2010 (race) is amended as follows.

(2) In subsection (5) for “may” substitute “shall”.

(3) After subsection (5)(a) insert—

“(5A) A Minister of the Crown may by order—”.”

Clause 57

BARONESS THORNTON

LORD LESTER OF HERNE HILL

BARONESS TURNER OF CAMDEN

LORD LOW OF DALSTON

 

The above-named Lords give notice of their intention to oppose the Question that Clause 57 stand part of the Bill.

Clause 58

BARONESS THORNTON

LORD LESTER OF HERNE HILL

BARONESS TURNER OF CAMDEN

LORD LOW OF DALSTON

 

The above-named Lords give notice of their intention to oppose the Question that Clause 58 stand part of the Bill.

Clause 60

BARONESS GREENGROSS

 

Baroness Greengross gives notice of her intention to oppose the Question that Clause 60 stand part of the Bill.

Clause 61

LORD MARLAND

28ZE

Page 58, line 34, leave out from beginning to end of line 2 on page 59

28ZF

Page 59, line 5, leave out “, (2A) or (2B)” and insert “or (2A)”

28ZG

Page 59, leave out lines 17 to 29

BARONESS TURNER OF CAMDEN

LORD MCKENZIE OF LUTON

 

The above-named Lords give notice of their intention to oppose the Question that Clause 61 stand part of the Bill.

After Clause 62

BARONESS HAYTER OF KENTISH TOWN

28ZH

Insert the following new Clause—

“Letting agents etc.

(1) In section 1 of the Estate Agents Act 1979 (estate agency work), for “to which this Act applies” substitute “and in subsection (1A) below to which this Act applies.

(1A) This Act also applies, subject to subsections (2) to (4) below, to—

(a) things done by any person in the course of a business (including a business in which he is employed) pursuant to instructions received from another person (in this section referred to as “the client”) who wishes to let or have the letting of an interest in land managed (for example, the collection of rents on his behalf)—

(i) for the purpose of, or with a view to, effecting the introduction to the client of a third person who wishes to let an interest in land; or

(ii) after such introduction has been effected in the course of that business, for the purpose of securing the letting of the interest in land; or

(iii) for the purpose of, or with a view to, managing the letting of the interest in land on behalf of the client; or

(iv) for the purpose of, or with a view to, block management of interests in land; and

(b) management activities undertaken by any person in the course of a business (including a business in which he is employed) in connection with land or interests in land.””

28ZJ

Insert the following new Clause—

“Consumers, Estate Agents and Redress Act 2007: letting agents etc.

(1) The Consumers, Estate Agents and Redress Act 2007 is amended as follows.

(2) In section 53(1), for “estate agents” substitute “relevant estate agency work”.

(3) In paragraph 2 of Schedule 6, for subsection (1) of the inserted section 23A (redress schemes), substitute—

“(1) The Secretary of State may by order require persons who engage in relevant estate agency work in relation to residential property to be members of an approved redress scheme for dealing with complaints in connection with that work.

(1A) For the purposes of this section, “relevant estate agency work” includes estate agency work and also letting and management agency work.

(1B) For the purpose of this section, “letting agency work” refers to things done by any person in the course of a business (including a business in which he is employed) pursuant to instructions received from another person (in this section referred to as “the client”) who wishes to let or have the letting of an interest in land managed (for example, the collection of rents on his behalf)—

(a) for the purpose of, or with a view to, effecting the introduction to the client of a third person who wishes to let an interest in land; or

(b) after such introduction has been effected in the course of that business, for the purpose of securing the letting of the interest in land; or

(c) for the purpose of, or with a view to, managing the letting of the interest in land on behalf of the client; or

(d) for the purpose of, or with a view to, block management of interests in land.

(1C) For the purpose of this section, “management agency work” refers to management activities undertaken by any person in the course of a business (including a business in which he is employed) in connection with land or interests in land.””

After Clause 63

LORD MARLAND

28ZK

Insert the following new Clause—

“Abolition of Agricultural Wages Board and related English bodies

(1) The Agricultural Wages Board for England and Wales is abolished.

(2) Every agricultural wages committee for an area in England is abolished.

(3) Every agricultural dwelling-house advisory committee for an area in England is abolished.

(4) Schedule (Abolition of Agricultural Wages Board and related English bodies: consequential provision) (abolition of Agricultural Wages Board and related English bodies: consequential provision) has effect.”

Schedule 19

LORD MARLAND

28ZL

Page 248, line 14, at end insert—

“ In section 293 (summoning of meeting to appoint first trustee), in subsections (2) and (3) for “court” substitute “prescribed person”.

In section 295 (failure of meeting to appoint trustee), in subsection (3) for “court” substitute “prescribed person”.”

28ZM

Page 248, line 18, at end insert—

“ In section 298 (removal of trustee and vacation of office), in subsections (7) and (8) for “court” substitute “prescribed person”.

(1) Section 299 (release of trustee) is amended as follows.

(2) In subsection (1)(a) for “to the court” substitute “under this paragraph to the prescribed person”.

(3) In subsection (3)(a) for “court” substitute “prescribed person”.”

28ZN

Page 251, line 38, leave out “In section 415 (fees orders), after” and insert—

“(1) Section 415 (fees orders) is amended as follows.

(2) In subsection (1)—

(a) after paragraph (a) omit “and”, and

(b) at the end of paragraph (b) insert “and

(c) the performance by an adjudicator of functions under Part 9 of this Act,”.

(3) After”

28ZP

Page 252, line 28, after “adjudicators” insert “in the discharge of functions for the purposes of Part 9 of this Act”

28ZQ

Page 252, line 40, at end insert—

““24ZA Provision requiring adjudicators—

(a) to keep files and other records relating to bankruptcy applications and bankruptcies resulting from bankruptcy applications,

(b) to make files and records available for inspection by persons of a prescribed description, and

(c) to provide files and records, or copies of them, to persons of a prescribed description.

24ZB Provision requiring an adjudicator to make returns to the Secretary of State of the adjudicator’s business under Part 9 of this Act.”

28ZR

Page 253, line 2, after “applications” insert “and bankruptcies resulting from bankruptcy applications”

28ZS

Page 253, line 3, leave out “those”

28ZT

Page 253, line 4, at end insert—

“24B Provision requiring a person to whom notice is given under section 293(2), 295(3), 298(7) or (8) or section 299(1)(a) or (3)(a)—

(a) to keep files and other records of notices given under the section in question, and

(b) to make files and records available for inspection by persons of a prescribed description.””

After Schedule 19

LORD MARLAND

28ZU

Insert the following new Schedule—

“Abolition of Agricultural Wages Board and related English bodies: consequential provision

1 In section 28 of the Rent (Agriculture) Act 1976 (duty of housing authority upon receiving application that agricultural worker be re-housed etc), in subsection (3), for “The authority” substitute “If the dwelling-house is in Wales, the authority”.

2 The repeals and revocations in the following table have effect.

Reference Extent of repeal or revocation
Agricultural Wages Act 1948 (c. 47) Section 1.
In section 2— (a) in subsection (1)— (a) the words “England and”, and (b) paragraph (a), and (b) subsection (4).
Sections 3 to 4.
Sections 6 to 16.
In section 17— (a) in subsection (1), the definition of “the national minimum wage”, and (b) subsection (1A).
Sections 17A to 19.
Schedules 1, 2 and 4.
The Agricultural Wages Committee Regulations 1949 (S.I. 1949/1885) Regulation 3(2)(a) and the word “and” after it.
Regulation 16.
Public Records Act 1958 (c. 51) In the table at the end of paragraph 3 of Schedule 1, the words “Agricultural Wages Board.”
Parliamentary Commissioner Act 1967 (c. 13) In Schedule 2, the words “Agricultural Wages Board for England and Wales.”
Agriculture Act 1967 (c. 22) Section 67.
Agriculture (Miscellaneous Provisions) Act 1968 (c. 34) Section 46.
Agricultural Wages Committees (Wages Structure) Regulations 1971 (S.I. 1971/844) The whole instrument.
Agricultural Wages Committees (Areas) Order 1974 (S.I. 1974/515) In article 3(1), the words— (a) “Subject to the provisions of this order”, and (b) “an agricultural wages committee for each county in England and”.
Article 3(2).
Article 4.
The Schedule.
Social Security (Consequential Provisions) Act 1975 (c. 18) In Schedule 2, paragraph 32.
House of Commons Disqualification Act 1975 (c. 24) In Part 3 of Schedule 1, the words “Member appointed by a Minister of the Crown of the Agricultural Wages Board for England and Wales.”
Northern Ireland Assembly Disqualification Act 1975 (c. 25) In Part 3 of Schedule 1, the words “of the Agricultural Wages Board for England and Wales or”.
Social Security Pensions Act 1975 (c. 60) In Schedule 4, paragraph 10.
Employment Protection Act 1975 (c. 71) Section 97(1) and (2).
Schedule 9.
In Schedule 17, paragraph 12.
Agriculture (Miscellaneous Provisions) Act 1976 (c. 55) In section 4(1)(c), the words from “(including” to the end.
Agricultural Wages Committees (New Combinations of Counties) Order 1981 (S.I. 1981/179) The whole order.
Agricultural Wages Committee (Cleveland, Durham, Northumberland and Tyne and Wear) Order 1989 (S.I. 1989/1173) The whole order.
Social Security (Consequential Provisions) Act 1992 (c. 6) In Schedule 2, paragraph 4.
Agricultural Wages Committees (Areas) (England) Order 1995 (S.I. 1995/3186) The whole order.
Employment Rights Act 1996 (c. 18) In section 35— (a) in subsection (2), paragraph (a) and the word “or” at the end of that paragraph, and (b) in subsection (3), paragraph (b) and the “and” before that paragraph.
National Minimum Wage Act 1998 (c. 39) In section 16(6)— (a) in the definition of “the agricultural wages legislation”, paragraph (a), and (b) in the definition of “relevant authority”, paragraphs (a), (b) and (c).
In section 16A(5)— (a) in the definition of “enforcement officer”, paragraph (b), and (b) in the definition of “the relevant legislation”, paragraph (b).
Section 46(4)(a).
In section 47— (a) subsection (1)(a), (b) subsection (2)(a) and (d), (c) subsection (4)(a), (d) in subsection (4)(b), the words “(similar provision for Scotland)”, and (e) subsection (6)(a).
In section 55(1), in the definition of “regulations”, the words “by the Secretary of State and the Minister of Agriculture, Fisheries and Food acting jointly or”.
Part 1 of Schedule 2.
National Minimum Wage Regulations 1998 (S.I. 1999/584) Regulation 38(5)(a).
Freedom of Information Act 2000 (c. 36) In Part 6 of Schedule 1, the words “An Agricultural Wages Board for England and Wales”.
Criminal Justice Act 2003 (c. 44) In Schedule 25, paragraph 28.
Employment Relations Act 2004 (c. 24) Section 47.
In Schedule 1, paragraph 1.
Public Contracts Regulations 2006 (S.I. 2006/5) In Schedule 1, in the entry relating to the Agricultural Wages Board and agricultural wages committees, the words “Board and”.
Employment Act 2008 (c. 24) Section 8(6).
Section 9(6).
Public Contracts (Scotland) Regulations 2012 (S.S.I. 2012/88) In Schedule 1, in the entry relating to the Agricultural Wages Board and agricultural wages committees, the words “Board and”.”

Before Clause 65

LORD LUCAS

28A

Insert the following new Clause—

“Ownership of licences to copyright

(1) Any natural person who acquires, for value and for his personal use only, the right to use a copyright may, for value or otherwise, transfer that right to any other person.

(2) Any terms in any contract that purport to forbid, place restrictions on or require payment for a transfer under subsection (1) shall be null and void.

(3) Any person who in any way controls the use of a copyright must do all things necessary, without undue delay and without recompense, to effect a transfer under subsection (1) above.”

28B

Insert the following new Clause—

“Fair use

(1) A person in legal possession of a licence to use or enjoy copyright material may freely make copies of that material for the purposes of—

(a) backup;

(b) the enjoyment of the copyright material in alternative media to the one for which the copyright was licenced.

(2) A person may not, without express permission, make a copy made under subsection (1) above available to any other person.”

LORD JENKIN OF RODING

LORD CLEMENT-JONES

28C

Insert the following new Clause—

“Director General of Intellectual Property Rights

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

(2) In Part VII (miscellaneous and general) at the beginning insert—

“Director General of Intellectual Property Rights

A296 Director General of Intellectual Property Rights

(1) The Secretary of State shall appoint an officer to be known as the Director General of Intellectual Property Rights (“the Director General”).

(2) The Director General has a duty to—

(a) promote the creation of new intellectual property,

(b) protect and promote the interests of UK intellectual property rights holders,

(c) co-ordinate effective enforcement of UK intellectual property rights, and

(d) educate consumers on the nature and value of intellectual property.

(3) In performing those duties, the Director General must also have regard to the desirability of—

(a) promoting the importance of intellectual property in the UK,

(b) encouraging investment and innovation in new UK intellectual property, and

(c) protecting intellectual property against infringement of rights.””

LORD CLEMENT-JONES

28D

Insert the following new Clause—

“Annual report on copyright licensing

(1) The Copyright Designs and Patents Act 1988 is amended as follows.

(2) In Part VII (miscellaneous and general), after section 301—

“301A Annual report on copyright licensing

The Secretary of State shall commission and present to Parliament an annual report on the state of copyright licensing in the United Kingdom and of cross border co-ordination with other jurisdictions.””

Clause 65

LORD CLEMENT-JONES

28E*

Page 61, line 9, at end insert—

“( ) The Secretary of State shall by regulations ensure that transitional provisions allow existing stocks of relevant articles falling within section 52 of the Copyright, Designs and Patents Act 1988 held in the United Kingdom on the day of the coming into force of this Act to be sold thereafter.”

28F*

Page 61, line 9, at end insert—

“( ) This section shall not apply to acts done in relation to copies of artistic works—

(a) within six months after the entry into force of this section provided that—

(i) the copies of the work were manufactured in the EEA, or

(ii) the copies of the work were imported into the EEA before the commencement of this section;

(b) after six months but within 12 months after the entry into force of this section provided that—

(i) the conditions set out in paragraph (a)(i) are fulfilled, and

(ii) there are extraordinary circumstances justifying the acts.”

Clause 66

LORD CLEMENT-JONES

28G

Page 61, line 29, after “containing” insert “each individual”

28H

Page 61, line 30, leave out “the” and insert “each individual”

28J

Page 61, line 31, at end insert—

“( ) Regulations under this section may only be introduced via a single statutory instrument, containing that regulation to be considered on its own merits.”

Clause 68

LORD CLEMENT-JONES

28K

Page 63, line 1, leave out subsection (3)

28L

Page 63, leave out lines 8 to 11 and insert “specify a licensing body authorised to grant licences, only if this licensing body represents a substantial number of copyright owners of the type of work for which a licence is to be granted”

28M

Page 63, line 13, after second “it” insert “(or the relevant owner of that part of the copyright which is sought to be licensed)”

28N

Page 63, line 14, after “search” insert “of each individual work”

28P

Page 63, line 14, at end insert—

“( ) The regulations must require that reasonable inquiry is made for the identity of the author, if the owner of copyright in an orphan work is not the first owner of copyright.

( ) The regulations must require that diligent search is undertaken to find known authors, and the regulations must provide for authors who have assigned copyright in an orphan work to have a right to equitable remuneration.”

28Q

Page 63, line 21, after “person” insert “specified pursuant to subsection (2) as”

28R

Page 63, line 21, at end insert—

“(d) to be time limited, and in any event, to end when copyright in the work has expired.”

28S

Page 63, line 23, after “it,” insert “whether there are any continuing exclusive licences previously granted,”

28T

Page 63, line 30, leave out “copyright is not owned” and insert “no aspect of the copyright is owned or controlled”

28U

Page 63, line 31, at end insert—

“( ) Authorisation under subsection (1) shall only be granted if the following conditions are met—

(a) the licensing body is significantly representative of the UK rights holders in the field concerned;

(b) the licence also includes works of the licensing body’s members for the same use.”

28V

Page 63, line 33, after “applies,” insert—

“( ) the types of use to which it applies,”

28W

Page 63, line 35, at end insert—

“(3) In authorising a licensing body in accordance with subsections (1) and (2), the Secretary of State must be satisfied that the licensing body is acting with the approval of its membership.”

28X

Page 63, line 36, after “owner” insert “, exclusive licensee or an authorised representative,”

28Y

Page 63, line 39, at end insert—

“( ) The regulations must provide for the authorised licensing body to be required to adopt a code of practice that gives members and non-members equal rights and complies with criteria specified in the regulations.”

28AA

Page 63, line 39, at end insert—

“( ) The regulations must provide that the orphan works’ authorising body makes customary warranties on behalf of the missing owner to the licensee, as follows—

(a) that he has full right to enter into the agreement;

(b) that the work is an original work written by the owner;

(c) that the work in no way infringes any existing copyright;

(d) that the work contains nothing unlawful, indecent or libellous;

(e) that it does not infringe any right of privacy confidentiality or any intellectual property right;

(f) that any recipe formula or instruction contained in the work is accurate and is not injurious to the user.”

28AB

Page 64, line 5, after “met” insert “in accordance with sections 116A and 116B as applicable”

LORD HOWARTH OF NEWPORT

29

Page 64, line 12, after “paid” insert “if deemed required”

LORD CLEMENT-JONES

30

Page 64, line 12, after “paid” insert “including remuneration”

31

Page 64, line 20, at end insert—

“( ) The regulations must make provision for determining the rights and obligations of any person if a work ceases to qualify as an orphan work (or ceases to qualify by reference to any copyright owner), or if a copyright owner or an exclusive licensee exercises the right referred to in section 116B(3) while a licence is in force.”

32

Page 64, leave out lines 23 to 27

After Clause 68

LORD CLEMENT-JONES

33

Insert the following new Clause—

“Greater protection for authors when assigning or licensing copyright

In paragraph 1(c) of Schedule 1 to the Unfair Contract Terms Act 1977, omit “copyright”.”

Schedule 21

BARONESS BUSCOMBE

LORD CLEMENT-JONES

34

Page 255, leave out lines 7 to 13

35

Page 255, line 14, leave out “Licensing code”

36

Page 255, line 16, leave out “licensing code”

37

Page 255, line 20, leave out “licensing code”

38

Page 255, line 26, leave out “licensing code”

39

Page 255, line 28, leave out “licensing code”

40

Page 255, line 31, leave out “licensing code”

41

Page 255, line 34, leave out “licensing code”

42

Page 255, line 36, leave out “licensing code”

43

Page 256, leave out lines 1 to 5

44

Page 256, line 35, at end insert “on a licensing body”

45

Page 256, leave out lines 36 to 38

46

Page 256, line 39, leave out “may” and insert “must”

47

Page 256, line 45, leave out “the imposition of any such” and insert “a determination of a failure to comply or the imposition of a”

48

Page 257, line 13, at end insert “to defray reasonable costs incurred in relation to that licensing body”

49

Page 257, line 37, leave out first “or” and insert “, including provision”

50

Page 257, line 39, at end insert—

“( ) Regulations under this Schedule must 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);

(c) before an ombudsman is appointed as described in paragraph 3(1); and

(d) before a code reviewer is appointed as described in paragraph 4(1).”

51

Page 257, line 41, at end insert—

“( ) The regulations must provide for the Secretary of State to consult persons whom the Secretary of State considers represent the interests of licensing bodies, licensees and members of licensing bodies, and the Intellectual Property Office before—

(a) specifying criteria with which a code of practice must comply,

(b) making provision as to the conditions and procedures referred to in paragraph 2,

(c) appointing a person as an ombudsman, or

(d) appointing a person as a code reviewer.”

LORD CLEMENT-JONES

52

Page 258, line 41, after “person” insert “specified pursuant to sub-paragraph (2) as”

53

Page 259, line 11, leave out “the act is not owned” and insert “no aspect of the copyright is owned or controlled”

54

Page 259, line 12, at end insert—

“( ) Authorisation under sub-paragraph (1) shall only be granted if the following conditions are met—

(a) the licensing body is significantly representative of the UK rights holders in the field concerned;

(b) the licence also includes works of the licensing body’s members for the same use.”

55

Page 259, line 14, at end insert—

“( ) An authorisation must also specify the types of use to which it applies.”

56

Page 259, line 15, after “owner” insert “, exclusive licensee or an authorised representative”

57

Page 259, line 38, at end insert—

“( ) The regulations must make provision for determining the rights and obligations of any person if a work ceases to qualify as an orphan work (or ceases to qualify by reference to any copyright owner), or if a copyright owner or an exclusive licensee exercises the right referred to in section 116B(3) while a licence is in force.”

58

Page 259, leave out lines 41 to 45

Clause 78

LORD MARLAND

59

Page 75, line 40, leave out “and 63” and insert “, 63 and (Abolition of Agricultural Wages Board and related English bodies)(1) to (3)”

60

Page 75, line 42, at end insert “, and

(e) an amendment, repeal or revocation made by Schedule (Abolition of Agricultural Wages Board and related English bodies: consequential provision) has the same extent as the provision amended, repealed or revoked, subject to subsection (5A).

(5A) The repeals of the following provisions in Schedule (Abolition of Agricultural Wages Board and related English bodies: consequential provision) extend to England and Wales only—

(a) section 67 of the Agriculture Act 1967,

(b) paragraph 32 of Schedule 2 to the Social Security (Consequential Provisions) Act 1975,

(c) paragraph 10 of Schedule 4 to the Social Security Pensions Act 1975,

(d) paragraph 12 of Schedule 17 to the Employment Protection Act 1975, and

(e) paragraph 4 of Schedule 2 to the Social Security (Consequential Provisions) Act 1992.”

Prepared 8th January 2013