Enterprise and Regulatory Reform Bill

Session 2012 - 13
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Other Bills before Parliament

Enterprise and Regulatory Reform Bill

Enterprise and Regulatory Reform Bill
Schedule 20 — Abolition of Agricultural Wages Board and related English bodies: consequential provision
269

Reference
Extent of repeal or revocation

Agricultural Wages Act 1948
Sections 17A to 19.

(c. 47)—cont.
Schedules 1, 2 and 4.

The Agricultural Wages
Regulation 3(2)(a) and the word “and” after it.

Committee Regulations 1949
Regulation 16.

5

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
In Schedule 2, the words “Agricultural Wages

Act 1967 (c. 13)
Board for England and Wales.”

10

Agriculture Act 1967 (c. 22)
Section 67.

Agriculture (Miscellaneous
Section 46.

Provisions) Act 1968 (c. 34)

Agricultural Wages
The whole instrument.

Committees (Wages

15

Structure) Regulations 1971

(S.I. 1971/844)

Agricultural Wages
In article 3(1), the words—

Committees (Areas) Order
(a)
“Subject to the provisions of this order”,

1974 (S.I. 1974/515)
and

20

(b)
“an agricultural wages committee for

each county in England and”.

Article 3(2).

Article 4.

The Schedule.

25

Social Security (Consequential
In Schedule 2, paragraph 32.

Provisions) Act 1975 (c. 18)

House of Commons
In Part 3 of Schedule 1, the words “Member

Disqualification Act 1975
appointed by a Minister of the Crown of the

(c. 24)
Agricultural Wages Board for England and

30

Wales.”

Northern Ireland Assembly
In Part 3 of Schedule 1, the words “of the

Disqualification Act 1975
Agricultural Wages Board for England and

(c. 25)
Wales or”.

Social Security Pensions Act
In Schedule 4, paragraph 10.

35

1975 (c. 60)

Employment Protection Act
Section 97(1) and (2).

1975 (c. 71)
Schedule 9.

In Schedule 17, paragraph 12.

Agriculture (Miscellaneous
In section 4(1)(c), the words from “(including”

40

Provisions) Act 1976 (c. 55)
to the end.

Agricultural Wages
The whole order.

Committees (New

Combinations of Counties)

Order 1981 (S.I. 1981/179)

45

Enterprise and Regulatory Reform Bill
Schedule 20 — Abolition of Agricultural Wages Board and related English bodies: consequential provision
270

Reference
Extent of repeal or revocation

Agricultural Wages Committee
The whole order.

(Cleveland, Durham,

Northumberland and Tyne

and Wear) Order 1989

5

(S.I. 1989/1173)

Social Security (Consequential
In Schedule 2, paragraph 4.

Provisions) Act 1992 (c. 6)

Agricultural Wages
The whole order.

Committees (Areas)

10

(England) Order 1995

(S.I. 1995/3186)

Employment Rights Act 1996
In section 35—

(c. 18)
(a)
in subsection (2), paragraph (a) and the

word “or” at the end of that paragraph,

15

and

(b)
in subsection (3), paragraph (b) and the

“and” before that paragraph.

National Minimum Wage Act
In section 16(6)—

1998 (c. 39)
(a)
in the definition of “the agricultural

20

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

25

officer”, paragraph (b), and

(b)
in the definition of “the relevant

legislation”, paragraph (b).

Section 46(4)(a).

In section 47—

30

(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

35

(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”.

40

Part 1 of Schedule 2.

National Minimum Wage
Regulation 38(5)(a).

Regulations 1998 (S.I. 1999/

584)

Freedom of Information Act
In Part 6 of Schedule 1, the words “An

45

2000 (c. 36)
Agricultural Wages Board for England and

Wales”.

Criminal Justice Act 2003 (c. 44)
In Schedule 25, paragraph 28.

Employment Relations Act 2004
Section 47.

(c. 24)

50

Enterprise and Regulatory Reform Bill
Schedule 21 — Unnecessary regulation: miscellaneous
Part 1 — Notification of TV sales etc
271

Reference
Extent of repeal or revocation

Employment Relations Act 2004
In Schedule 1, paragraph 1.

(c. 24)—cont.

Public Contracts Regulations
In Schedule 1, in the entry relating to the

2006 (S.I. 2006/5)
Agricultural Wages Board and agricultural

5

wages committees, the words “Board and”.

Employment Act 2008 (c. 24)
Section 8(6).

Section 9(6).

Public Contracts (Scotland)
In Schedule 1, in the entry relating to the

Regulations 2012 (S.S.I. 2012/
Agricultural Wages Board and agricultural

10

88)
wages committees, the words “Board and”.

Schedule 21
Section 75

Unnecessary regulation: miscellaneous
Part 1
Notification of TV sales etc
15
Wireless Telegraphy Act 1967 (c. 72)
1
The Wireless Telegraphy Act 1967 (the remaining provisions of which make
provision for, and in connection with, the recording and notification of the
sale or hire of televisions etc) is repealed.
2
In consequence, the repeals in the following table have effect.
20

Short title and chapter
Extent of repeal

Post Office Act 1969 (c. 48)
Section 3.

Customs and Excise
In paragraph 12 of Schedule 4, the entries in the

Management Act 1979 (c. 2)
table relating to the Wireless Telegraphy Act

1967.

25

Broadcasting Act 1990 (c. 42)
Section 180.

Part 2 of Schedule 18.

Communications Act 2003
Section 367.

(c. 21)
Section 393(5)(c).

Section 404(4)(d).

30

In Schedule 17, paragraph 39.

Wireless Telegraphy Act 2006
Section 111(6)(a).

(c. 36)
Section 118(6)(a).

In Schedule 7, paragraph 2.

Saving provision
35
3
The repeal of section 3 of the Post Office Act 1969 by paragraph 2 does not
affect the construction of any provision mentioned in subsection (1)(i) or (ii)
of that section that continues to have effect after the commencement of the
repeal.

Enterprise and Regulatory Reform Bill
Schedule 22 — Licensing of copyright and performers’ rights
Part 1 — Regulation of licensing bodies
272

Part 2
Water undertakers: in-area ban
Water Industry Act 1991 (c. 56)
4
In section 2 of the Water Industry Act 1991 (general duties with respect to
water industry), omit subsection (3)(d)(iii) (duty of Secretary of State and the
5
Water Services Regulation Authority where a licensed water supplier is
connected to a relevant undertaker).
Part 3
Bankruptcy early discharge procedure
Insolvency Act 1986 (c. 45)
10
5
In section 279 of the Insolvency Act 1986 (duration of bankruptcy), omit
subsection (2) (bankrupt discharged early if official receiver files with the
court a notice stating that investigation of the conduct and affairs of the
bankrupt is unnecessary or concluded).
Schedule 22
15
Section 79

Licensing of copyright and performers’ rights
Part 1
Regulation of licensing bodies
1
In the Copyright, Designs and Patents Act 1988, before Schedule 1 insert—
“Schedule A1
20
Regulation of licensing bodies
Codes of practice
1     (1)
The Secretary of State may by regulations make provision for a
licensing body to be required to adopt a code of practice that
complies with criteria specified in the regulations.
25
      (2)
The regulations may provide that, if a licensing body fails to adopt
such a code of practice, any code of practice that is approved for
the purposes of that licensing body by the Secretary of State, or by
a person designated by the Secretary of State under the
regulations, has effect as a code of practice adopted by the body.
30
      (3)
The regulations must provide that a code is not to be approved for
the purposes of provision under sub-paragraph (2) unless it
complies with criteria specified in the regulations.

Enterprise and Regulatory Reform Bill
Schedule 22 — Licensing of copyright and performers’ rights
Part 1 — Regulation of licensing bodies
273

2
Regulations under paragraph 1 may 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);
5
(b)
before a code of practice has effect as one adopted by a
licensing body as described in paragraph 1(2).
Licensing code ombudsman
3     (1)
The Secretary of State may by regulations make provision—
(a)
for the appointment of a person (the “licensing code
10
ombudsman”) to investigate and determine disputes
about a licensing body’s compliance with its code of
practice;
(b)
for the reference of disputes to the licensing code
ombudsman;
15
(c)
for the investigation and determination of a dispute so
referred.
      (2)
Provision made under this paragraph may in particular include
provision—
(a)
about eligibility for appointment as the licensing code
20
ombudsman;
(b)
about the disputes to be referred to the licensing code
ombudsman;
(c)
requiring any person to provide information, documents
or assistance to the licensing code ombudsman for the
25
purposes of an investigation or determination;
(d)
requiring a licensing body to comply with a determination
of the licensing code ombudsman;
(e)
about the payment of expenses and allowances to the
licensing code ombudsman.
30
Code reviewer
4     (1)
The Secretary of State may by regulations make provision—
(a)
for the appointment by the Secretary of State of a person
(the “code reviewer”) to review and report to the Secretary
of State on—
35
(i)
the codes of practice adopted by licensing bodies,
and
(ii)
compliance with the codes of practice;
(b)
for the carrying out of a review and the making of a report
by that person.
40
      (2)
The regulations must provide for the Secretary of State, before
appointing a person as the code reviewer, to consult persons
whom the Secretary of State considers represent the interests of
licensing bodies, licensees, members of licensing bodies, and the
Intellectual Property Office.
45
      (3)
The regulations may, in particular, make provision—

Enterprise and Regulatory Reform Bill
Schedule 22 — Licensing of copyright and performers’ rights
Part 1 — Regulation of licensing bodies
274

(a)
requiring any person to provide information, documents
or assistance to the code reviewer for the purposes of a
review or report;
(b)
about the payment of expenses and allowances to the code
reviewer.
5
      (4)
In this paragraph “member”, in relation to a licensing body, means
a person on whose behalf the body is authorised to negotiate or
grant licences.
Sanctions
5     (1)
The Secretary of State may by regulations provide for the
10
consequences of a failure by a licensing body to comply with—
(a)
a requirement to adopt a code of practice under provision
within paragraph 1(1);
(b)
a code of practice that has been adopted by the body in
accordance with a requirement under provision within
15
paragraph 1(1), or that has effect as one adopted by the
body under provision within paragraph 1(2);
(c)
a requirement imposed on the body under any other
provision made under this Schedule;
(d)
an authorisation under regulations under section 116A or
20
116B;
(e)
a requirement imposed by regulations under section 116A
or 116B;
(f)
an authorisation under regulations under paragraph 1A or
1B of Schedule 2A;
25
(g)
a requirement imposed by regulations under paragraph
1A or 1B of that Schedule.
      (2)
The regulations may in particular provide for—
(a)
the imposition of financial penalties or other sanctions;
(b)
the imposition of sanctions on a director, manager or
30
similar officer of a licensing body or, where the body’s
affairs are managed by its members, on a member.
      (3)
The regulations must include provision—
(a)
for determining whether there has been a failure to comply
with a requirement or code of practice for the purposes of
35
any provision made under sub-paragraph (1);
(b)
for determining any sanction that may be imposed in
respect of the failure to comply;
(c)
for an appeal against a determination within paragraph (a)
or (b).
40
      (4)
A financial penalty imposed under sub-paragraph (2) must not be
greater than £50,000.
      (5)
The regulations may provide for a determination within sub-
paragraph (3)(a) or (3)(b) to be made by the Secretary of State or by
a person designated by the Secretary of State under the
45
regulations.

Enterprise and Regulatory Reform Bill
Schedule 22 — Licensing of copyright and performers’ rights
Part 1 — Regulation of licensing bodies
275

      (6)
The regulations may make provision for requiring a person to give
the person by whom a determination within sub-paragraph (3)(a)
falls to be made (the “adjudicator”) any information that the
adjudicator reasonably requires for the purpose of making that
determination.
5
Fees
6     (1)
The Secretary of State may by regulations require a licensing body
to which regulations under any other paragraph of this Schedule
apply to pay fees to the Secretary of State.
      (2)
The aggregate amount of fees payable under the regulations must
10
not be more than the cost to the Secretary of State of administering
the operation of regulations under this Schedule.
General
7     (1)
The power to make regulations under this Schedule includes in
particular power—
15
(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 provision for bodies of a particular description, or
20
carrying out activities of a particular description, not to be
treated as licensing bodies for the purposes of
requirements imposed under regulations under this
Schedule;
(c)
to make provision that applies only in respect of licensing
25
bodies of a particular description, or only in respect of
activities of a particular description;
(d)
otherwise to make different provision for different
purposes.
      (2)
Regulations under a paragraph of this Schedule may amend Part
30
1 or Part 2, or any other enactment or subordinate legislation
passed or made before the paragraph in question 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.
35
      (3)
The power to make regulations is exercisable by statutory
instrument.
      (4)
A statutory instrument containing regulations may not be made
unless a draft of the instrument has been laid before and approved
by a resolution of each House of Parliament.
40
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.”