Session 2012 - 13
Internet Publications
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.”

 
 

 
previous section contents continue
 

© Parliamentary copyright
Revised 19 March 2013