Enterprise and Regulatory Reform Bill

AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE
[Supplementary to the Fifth Marshalled List]

Clause 56

BARONESS CAMPBELL OF SURBITON

 

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

Clause 61

LORD MARLAND

 

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

 

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

 

Page 59, leave out lines 17 to 29

After Clause 63

LORD MARLAND

 

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

 

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”.”

 

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”.”

 

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”

 

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

 

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.”

 

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

 

Page 253, line 3, leave out “those”

 

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

 

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 CLEMENT-JONES

 

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—

“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.””

After Clause 65

LORD CLEMENT-JONES

 

Insert the following new Clause—

“Copyright and rights: transitional provisions

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.”

Clause 66

LORD CLEMENT-JONES

 

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

 

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

 

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.”

 

Page 62, line 12, 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 68

LORD CLEMENT-JONES

 

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

 

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”

 

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

 

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

 

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.”

 

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

 

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.”

 

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

 

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

 

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.”

 

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

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

 

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.”

 

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

 

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.”

 

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.”

 

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

 

Page 64, line 20, at end insert—

“( ) The regulation 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.”

 

Page 64, leave out lines 23 to 27

After Clause 68

LORD CLEMENT-JONES

 

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

LORD CLEMENT-JONES

 

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

 

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

 

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.”

 

Page 259, line 14, at end insert—

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

 

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

 

Page 259, line 38, at end insert—

“( ) The regulation 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.”

 

Page 259, leave out lines 41 to 45

Clause 78

LORD MARLAND

 

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

 

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 20th December 2012