|
| |
|
| | Extent of repeal or revocation |
| | | | Agricultural Wages Committee |
| | | | | | | | | | | | | | | | | | 5 | | | | | | | Social Security (Consequential |
| In Schedule 2, paragraph 4. |
| | | | Provisions) Act 1992 (c. 6) |
| | | | | | | | | | | | | 10 | | | | | | | | | | | | Employment Rights Act 1996 |
| | | | | | (a) | in subsection (2), paragraph (a) and the |
| | | | | word “or” at the end of that paragraph, |
| | 15 | | | | | | | | (b) | in subsection (3), paragraph (b) and the |
| | | | | “and” before that paragraph. |
| | | | National Minimum Wage Act |
| | | | | | (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). |
| | | | | | | | | | (a) | in the definition of “enforcement |
| | 25 | | | officer”, paragraph (b), and |
| | | | | (b) | in the definition of “the relevant |
| | | | | legislation”, paragraph (b). |
| | | | | | | | | | | | 30 | | | | | | | | (b) | subsection (2)(a) and (d), |
| | | | | | | | | | (d) | in subsection (4)(b), the words “(similar |
| | | | | provision for Scotland)”, and |
| | 35 | | | | | | | | 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 | | | | | | | | | | | | Regulations 1998 (S.I. 1999/ |
| | | | | | | | | | Freedom of Information Act |
| In Part 6 of Schedule 1, the words “An |
| | 45 | | | Agricultural Wages Board for England and |
| | | | | | | | | Criminal Justice Act 2003 (c. 44) |
| In Schedule 25, paragraph 28. |
| | | | Employment Relations Act 2004 |
| | | | | | | | 50 |
|
|
| |
|
| |
|
| | Extent of repeal or revocation |
| | | | Employment Relations Act 2004 |
| In Schedule 1, paragraph 1. |
| | | | | | | | | Public Contracts Regulations |
| In Schedule 1, in the entry relating to the |
| | | | | Agricultural Wages Board and agricultural |
| | 5 | | | wages committees, the words “Board and”. |
| | | | Employment Act 2008 (c. 24) |
| | | | | | | | | | Public Contracts (Scotland) |
| In Schedule 1, in the entry relating to the |
| | | | Regulations 2012 (S.S.I. 2012/ |
| Agricultural Wages Board and agricultural |
| | 10 | | | wages committees, the words “Board and”. |
| | |
|
|
| |
| |
Unnecessary regulation: miscellaneous |
| |
| |
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 |
| | | | | | Post Office Act 1969 (c. 48) |
| | | | | | In paragraph 12 of Schedule 4, the entries in the |
| | | | Management Act 1979 (c. 2) |
| table relating to the Wireless Telegraphy Act |
| | | | | | | 25 | | Broadcasting Act 1990 (c. 42) |
| | | | | | | | | | | | | | | | | | | | | | | 30 | | | In Schedule 17, paragraph 39. |
| | | | Wireless Telegraphy Act 2006 |
| | | | | | | | | | | In Schedule 7, paragraph 2. |
| | |
|
| 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 |
| |
| |
|
| |
|
| |
|
| |
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). |
| |
| |
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). |
| |
| 15 |
| |
Licensing of copyright and performers’ rights |
| |
| |
Regulation of licensing bodies |
| |
1 | In the Copyright, Designs and Patents Act 1988, before Schedule 1 insert— |
| |
| 20 |
Regulation of licensing bodies |
| |
| |
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. |
| |
|
| |
|
| |
|
2 | Regulations under paragraph 1 may make provision as to |
| |
conditions that are to be satisfied, and procedures that are to be |
| |
| |
(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). |
| |
| |
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 |
| |
| |
(b) | for the reference of disputes to the licensing code |
| |
| 15 |
(c) | for the investigation and determination of a dispute so |
| |
| |
(2) | Provision made under this paragraph may in particular include |
| |
| |
(a) | about eligibility for appointment as the licensing code |
| 20 |
| |
(b) | about the disputes to be referred to the licensing code |
| |
| |
(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 |
| |
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 |
| |
| 35 |
(i) | the codes of practice adopted by licensing bodies, |
| |
| |
(ii) | compliance with the codes of practice; |
| |
(b) | for the carrying out of a review and the making of a report |
| |
| 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— |
| |
|
| |
|
| |
|
(a) | requiring any person to provide information, documents |
| |
or assistance to the code reviewer for the purposes of a |
| |
| |
(b) | about the payment of expenses and allowances to the code |
| |
| 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 |
| |
| |
| |
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 |
| |
| |
(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 |
| |
(e) | a requirement imposed by regulations under section 116A |
| |
| |
(f) | an authorisation under regulations under paragraph 1A or |
| |
| 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) |
| |
| 40 |
(4) | A financial penalty imposed under sub-paragraph (2) must not be |
| |
| |
(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 |
| |
|
| |
|
| |
|
(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 |
| |
| 5 |
| |
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. |
| |
| |
7 (1) | The power to make regulations under this Schedule includes in |
| |
| 15 |
(a) | to make incidental, supplementary or consequential |
| |
provision, including provision extending or restricting the |
| |
jurisdiction of the Copyright Tribunal or conferring |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| 35 |
(3) | The power to make regulations is exercisable by statutory |
| |
| |
(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 |
| |
| |
|
| |
|