Enterprise and Regulatory Reform Bill

Session 2012 - 13
Internet Publications
Other Bills before Parliament

Enterprise and Regulatory Reform Bill

Enterprise and Regulatory Reform Bill
Part 6 — Miscellaneous and general
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Bankruptcy applications: determination by adjudicators
(1)
In Part 14 of the Insolvency Act 1986 (public administration (England and
Wales)), before section 399 and the cross-heading which precedes it insert—
“Adjudicators
398A
Appointment etc of adjudicators and assistants
5
(1)
The Secretary of State may appoint persons to the office of adjudicator.
(2)
A person appointed under subsection (1)—
(a)
is to be paid out of money provided by Parliament such salary
as the Secretary of State may direct,
(b)
holds office on such other terms and conditions as the Secretary
10
of State may direct, and
(c)
may be removed from office by a direction of the Secretary of
State.
(3)
A person who is authorised to act as an official receiver may not be
appointed under subsection (1).
15
(4)
The Secretary of State may appoint officers of the Secretary of State’s
department to assist adjudicators in the carrying out of their functions.”
(2)
In Part 9 of that Act (bankruptcy), before Chapter 1 insert the Chapter set out
in Schedule 18 (adjudicators: bankruptcy applications by debtors and
bankruptcy orders).
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(3)
Schedule 19 (adjudicators: minor and consequential amendments) has effect.
65
Unnecessary regulation: miscellaneous
Schedule 20 (unnecessary regulation: miscellaneous) has effect.
Part 6
Miscellaneous and general
25
Copyright and rights in performances
66
Exploitation of design derived from artistic work
(1)
The Copyright, Designs and Patents Act 1988 is amended as follows.
(2)
Omit section 52 (effect of exploitation of design derived from artistic work).
(3)
In consequence omit the following—
30
(a)
section 79(4)(g);
(b)
in Schedule 1 paragraph 20.
67
Power to change exceptions: copyright and rights in performances
(1)
The Copyright, Designs and Patents Act 1988 is amended as follows.
(2)
In Chapter 3 of Part 1 (acts permitted in relation to copyright works) after
35

Enterprise and Regulatory Reform Bill
Part 6 — Miscellaneous and general
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section 28 insert—
“28ZA
Power to add or remove exceptions to copyright
(1)
The Secretary of State may by regulations amend this Chapter to
provide that any act is or is not an act which may be done in relation to
copyright works notwithstanding the subsistence of copyright.
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(2)
But regulations under this section may make only such provision as
may be made under subsection (2) of section 2 of the European
Communities Act 1972 or such provision as could be made under that
subsection if paragraph 1(1)(d) of Schedule 2 to that Act did not apply.
(3)
Regulations under this section may—
10
(a)
make supplementary or transitional provision;
(b)
make consequential provision, including provision amending
any enactment or subordinate legislation passed or made before
this section comes into force.
(4)
The power to make regulations under this section is exercisable by
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statutory instrument.
(5)
A statutory instrument containing regulations under this section may
not be made unless a draft of the instrument has been laid before and
approved by resolution of each House of Parliament.”
(3)
In Part 2 (rights in performances) after section 189 (in the provisions about
20
exceptions to rights conferred) insert—
“189A
Power to add or remove exceptions to rights in performances
(1)
The Secretary of State may by regulations amend Schedule 2 to provide
that any act is or is not an act which may be done notwithstanding the
rights conferred by this Chapter.
25
(2)
But regulations under this section may make only such provision as
may be made under subsection (2) of section 2 of the European
Communities Act 1972 or such provision as could be made under that
subsection if paragraph 1(1)(d) of Schedule 2 to that Act did not apply.
(3)
Regulations under this section may—
30
(a)
make supplementary or transitional provision;
(b)
make consequential provision, including provision amending
any enactment or subordinate legislation passed or made before
this section comes into force.
(4)
The power to make regulations under this section is exercisable by
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statutory instrument.
(5)
A statutory instrument containing regulations under this section may
not be made unless a draft of the instrument has been laid before and
approved by resolution of each House of Parliament.”
68
Power to reduce duration of copyright in transitional cases
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(1)
Section 170 of the Copyright, Designs and Patents Act 1988 (transitional
provisions and savings) is amended as follows.
(2)
At the beginning insert “(1)”.

Enterprise and Regulatory Reform Bill
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(3)
At the end insert—
“(2)
The Secretary of State may by regulations amend Schedule 1 to reduce
the duration of copyright in existing works which are unpublished.
(3)
The regulations may provide for the copyright to expire—
(a)
with the end of the term of protection of copyright laid down by
5
Directive 2006/116/EC or at any later time;
(b)
subject to that, on the commencement of the regulations or at
any later time.
(4)
“Existing works” has the same meaning as in Schedule 1.
(5)
Regulations under subsection (2) may—
10
(a)
make supplementary or transitional provision;
(b)
make consequential provision, including provision amending
any enactment or subordinate legislation passed or made before
that subsection comes into force.
(6)
The power to make regulations under subsection (2) is exercisable by
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statutory instrument.
(7)
A statutory instrument containing regulations under subsection (2)
may not be made unless a draft of the instrument has been laid before
and approved by resolution of each House of Parliament.”
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Licensing of copyright and performers’ rights
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(1)
The Copyright, Designs and Patents Act 1988 is amended as follows.
(2)
In section 116 (licensing schemes and licensing bodies) after subsection (4)
insert—
“(5)
Schedule A1 confers powers to provide for the regulation of licensing
bodies.”
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(3)
After section 116 insert—
“Orphan works licensing and extended collective licensing
116A
Power to provide for licensing of orphan works
(1)
The Secretary of State may by regulations provide for the grant of
licences in respect of works that qualify as orphan works under the
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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
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person or a description of persons authorised to grant licences
(3)
The regulations must provide that, for a work to qualify as an orphan
work, it is a requirement that the owner of copyright in it has not been
found after a diligent search made in accordance with the regulations.

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(4)
The regulations may provide for the granting of licences to do, or
authorise the doing of, any act restricted by copyright that would
otherwise require the consent of the missing owner.
(5)
The regulations must provide for any licence—
(a)
to have effect as if granted by the missing owner;
5
(b)
not to give exclusive rights;
(c)
not to be granted to a person authorised to grant licences.
(6)
The regulations may apply to a work although it is not known whether
copyright subsists in it, and references to a missing owner and a right
or interest of a missing owner are to be read as including references to
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a supposed owner and a supposed right or interest.
116B
Extended collective licensing
(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 copyright licences in respect of works in which
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copyright is not owned by the body or a person on whose behalf the
body acts.
(2)
An authorisation must specify—
(a)
the types of work to which it applies, and
(b)
the acts restricted by copyright that the licensing body is
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authorised to license.
(3)
The regulations must provide for the copyright 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.
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(5)
In this section “copyright licences” has the same meaning as in section
116.
(6)
Nothing in this section applies in relation to Crown copyright or
Parliamentary copyright.
116C
General provision about licensing under sections 116A and 116B
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(1)
This section and section 116D apply to regulations under sections 116A
and 116B.
(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,
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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
40
sums paid in respect of a licence, including—
(a)
the deduction of administrative costs;
(b)
the period for which sums must be held;

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(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
5
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
work ceases to qualify as an orphan work (or ceases to qualify
10
by reference to any copyright owner), or if a rights owner
exercises the right referred to in section 116B(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
15
an application or search;
(d)
for a right conferred by section 77 to be treated as having been
asserted in accordance with section 78;
(e)
for the payment of fees to cover administrative expenses.
116D
Regulations under sections 116A and 116B
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(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;
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(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
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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 may not be made unless
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a draft of the instrument has been laid before and approved by a
resolution of each House of Parliament.”
(4)
Schedule 21 (which inserts Schedule A1 to the Copyright, Designs and Patents
Act 1988 and makes provision in relation to performers’ rights corresponding
to provision made by this section in relation to copyright) has effect.
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70
Penalties under provision implementing Directive on term of protection
Paragraph 1(1)(d) of Schedule 2 to the European Communities Act 1972
(limitation on criminal penalties) does not apply for the purposes of provision
under section 2(2) of that Act implementing Directive 2011/77/EU amending
Directive 2006/116/EC on the term of protection of copyright and certain
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related rights.