|
| |
|
(7) | After subsection (9) insert— |
| |
“(9A) | A primary authority may, with the consent of the Secretary of State, |
| |
revoke a plan made by it under this section. |
| |
(9B) | If a primary authority revokes a plan under subsection (9A), it must |
| |
notify the other local authorities with the function of inspection that the |
| 5 |
plan is no longer in effect.” |
| |
(8) | In subsection (10), for “(9)” substitute “(9B)”. |
| |
(9) | After subsection (10) insert— |
| |
“(11) | In subsection (7D), “working day” means a day other than— |
| |
(a) | a Saturday or Sunday, |
| 10 |
(b) | Christmas Day or Good Friday, or |
| |
(c) | a day which is a bank holiday under the Banking and Financial |
| |
| |
(i) | the part of the United Kingdom where the primary |
| |
| 15 |
(ii) | (if different) the part of the United Kingdom where the |
| |
authority is that has given the notification referred to in |
| |
| |
| |
70 | Civil liability for breach of health and safety duties |
| 20 |
(1) | Section 47 of the Health and Safety at Work etc. Act 1974 (civil liability) is |
| |
amended as set out in subsections (2) to (7). |
| |
(2) | In subsection (1), omit paragraph (b) (including the “or” at the end of that |
| |
| |
(3) | In subsection (3), omit the words from “, whether brought by virtue of |
| 25 |
subsection (2)” to the end. |
| |
| |
(a) | for “and (2)” substitute “, (2) and (2A)”, and |
| |
(b) | for “(3)” substitute “(2B)(a)”. |
| |
(5) | Omit subsections (5) and (6). |
| 30 |
(6) | After subsection (6) insert— |
| |
“(7) | The power to make regulations under this section shall be exercisable |
| |
by the Secretary of State.” |
| |
(7) | Where, on the commencement of this section, there is in force an Order in |
| |
Council made under section 84(3) of the Health and Safety at Work etc. Act |
| 35 |
1974 that applies to matters outside Great Britain any of the provisions of that |
| |
Act that are amended by this section, that Order is to be taken as applying |
| |
those provisions as so amended. |
| |
(8) | The amendments made by this section do not apply in relation to breach of a |
| |
duty which it would be within the legislative competence of the Scottish |
| 40 |
Parliament to impose by an Act of that Parliament. |
| |
|
| |
|
| |
|
(9) | The amendments made by this section do not apply in relation to breach of a |
| |
duty where that breach occurs before the commencement of this section. |
| |
| |
(1) | Section 1 of the Estate Agents Act 1979 (estate agency work) is amended as |
| |
| 5 |
(2) | In subsection (1) for the words “to which this Act applies” substitute “and in |
| |
subsection (1A) below to which this Act applies. |
| |
(1A) | This Act also applies, subject to subsections (2) to (4) below, to— |
| |
(a) | things done by any person in the course of a business (including |
| |
a business in which he is employed) pursuant to instructions |
| 10 |
received from another person (in this section referred to as “the |
| |
client”) who wishes to let or have the letting of an interest in |
| |
land managed (for example, the collection of rents on his |
| |
| |
(i) | for the purpose of, or with a view to, effecting the |
| 15 |
introduction to the client of a third person who wishes |
| |
to let an interest in land; or |
| |
(ii) | after such introduction has been effected in the course of |
| |
that business, for the purpose of securing the letting of |
| |
| 20 |
(iii) | for the purpose of, or with a view to, managing the |
| |
letting of the interest in land on behalf of the client; or |
| |
(iv) | for the purpose of, or with a view to, block management |
| |
of interests in land; and |
| |
(b) | management activities undertaken by any person in the course |
| 25 |
of a business (including a business in which he is employed) in |
| |
connection with land or interests in land.” |
| |
| |
In section 1 of the Estate Agents Act 1979 (estate agency work), for subsection |
| |
| 30 |
“(4) | This Act does not apply to the following things when done by a person |
| |
who does no other things which fall within subsection (1) above— |
| |
(a) | publishing advertisements or disseminating information; |
| |
(b) | providing a means by which— |
| |
(i) | a person who wishes to acquire or dispose of an interest |
| 35 |
in land can, in response to such an advertisement or |
| |
dissemination of information, make direct contact with |
| |
a person who wishes to dispose of or, as the case may be, |
| |
acquire an interest in land; |
| |
(ii) | the persons mentioned in sub-paragraph (i) can |
| 40 |
continue to communicate directly with each other.” |
| |
73 | 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— |
| |
| |
398A | Appointment etc of adjudicators and assistants |
| |
(1) | The Secretary of State may appoint persons to the office of adjudicator. |
| |
(2) | A person appointed under subsection (1)— |
| 5 |
(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 |
| |
| |
(c) | may be removed from office by a direction of the Secretary of |
| 10 |
| |
(3) | A person who is authorised to act as an official receiver may not be |
| |
appointed under subsection (1). |
| |
(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.” |
| 15 |
(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 |
| |
| |
(3) | Schedule 19 (adjudicators: minor and consequential amendments) has effect. |
| |
74 | Abolition of Agricultural Wages Board and related English bodies |
| 20 |
(1) | The Agricultural Wages Board for England and Wales is abolished. |
| |
(2) | Every agricultural wages committee for an area in England is abolished. |
| |
(3) | Every agricultural dwelling-house advisory committee for an area in England |
| |
| |
(4) | Schedule 20 (abolition of Agricultural Wages Board and related English bodies: |
| 25 |
consequential provision) has effect. |
| |
75 | Unnecessary regulation: miscellaneous |
| |
Schedule 21 (unnecessary regulation: miscellaneous) has effect. |
| |
| |
Miscellaneous and general |
| 30 |
Copyright and rights in performances |
| |
76 | 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— |
| 35 |
|
| |
|
| |
|
| |
(b) | in Schedule 1 paragraph 20. |
| |
77 | Penalties under provision amending exceptions: copyright and rights in |
| |
| |
Paragraph 1(1)(d) of Schedule 2 to the European Communities Act 1972 |
| 5 |
(limitation on criminal penalties) does not apply for the purposes of provision |
| |
under section 2(2) of that Act amending— |
| |
(a) | Chapter 3 of Part 1 of the Copyright, Designs and Patents Act 1988 (acts |
| |
permitted in relation to copyright works), or |
| |
(b) | Schedule 2 to that Act (rights in performances: permitted acts). |
| 10 |
78 | Power to reduce duration of copyright in transitional cases |
| |
(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)”. |
| |
| 15 |
“(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 |
| |
Directive 2006/116/EC or at any later time; |
| 20 |
(b) | subject to that, on the commencement of the regulations or at |
| |
| |
(4) | “Existing works” has the same meaning as in Schedule 1. |
| |
(5) | Regulations under subsection (2) may— |
| |
(a) | make supplementary or transitional provision; |
| 25 |
(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 |
| |
| 30 |
(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.” |
| |
79 | Licensing of copyright and performers’ rights |
| |
(1) | The Copyright, Designs and Patents Act 1988 is amended as follows. |
| 35 |
(2) | In section 116 (licensing schemes and licensing bodies) after subsection (4) |
| |
| |
“(5) | Schedule A1 confers powers to provide for the regulation of licensing |
| |
| |
|
| |
|
| |
|
(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 |
| 5 |
| |
| |
(a) | specify a person or a description of persons authorised to grant |
| |
| |
(b) | provide for a person designated in the regulations to specify a |
| 10 |
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. |
| |
(4) | The regulations may provide for the granting of licences to do, or |
| 15 |
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; |
| |
(b) | not to give exclusive rights; |
| 20 |
(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 |
| |
a supposed owner and a supposed right or interest. |
| 25 |
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 |
| |
copyright is not owned by the body or a person on whose behalf the |
| 30 |
| |
(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 |
| |
| 35 |
(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 |
| |
| |
(5) | In this section “copyright licences” has the same meaning as in section |
| 40 |
| |
(6) | Nothing in this section applies in relation to Crown copyright or |
| |
| |
|
| |
|