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Enterprise and Regulatory Reform BillPage 260

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
5Parliament.

8 References in this Schedule to a licensing body are to a body that
is a licensing body for the purposes of Chapter 7 of Part 1 or
Chapter 2 of Part 2, and references to licensees are to be construed
accordingly.

10Part 2 Performers’ rights

2 Schedule 2A to the Copyright, Designs and Patents Act 1988 (licensing of
performers’ property rights) is amended as follows.

3 In the heading of the Schedule omit “property”.

4 15In paragraph 1, after sub-paragraph (4) insert—

(5) Schedule A1 confers powers to provide for the regulation of
licensing bodies.

5 After paragraph 1 insert—

Power to provide for licensing of orphan rights

1A (1) 20The 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—

(a) the performer’s consent would otherwise be required
25under 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
30grant 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
35orphan 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) 40not to give exclusive rights;

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

Enterprise and Regulatory Reform BillPage 261

(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.

5Extended collective licensing

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
10in 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) 15The 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.

General provision about licensing

1C (1) 20This 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
25in 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
30other sums paid in respect of a licence, including—

(a) the deduction of administrative costs;

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

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

(5) 35The 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
40authorisation 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),
45while a licence is in force;

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(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
5having 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
10jurisdiction 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
15other 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
20from 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
25been 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.

6 30In 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”.

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Contents page 160-169 170-179 180-189 190-199 200-209 210-219 220-229 230-239 240-249 250-259 260-262 Last page