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 5 — Reduction of legislative burdens
65

(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plan is no longer in effect.”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
Dealings Act 1971 in—
(i)
the part of the United Kingdom where the primary
authority is, or
15
(ii)
(if different) the part of the United Kingdom where the
authority is that has given the notification referred to in
subsection (7A)(a).”
Miscellaneous
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
paragraph).
(3)
In subsection (3), omit the words from “, whether brought by virtue of
25
subsection (2)” to the end.
(4)
In subsection (4)—
(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.

Enterprise and Regulatory Reform Bill
Part 5 — Reduction of legislative burdens
66

(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.
71
Letting agents etc.
(1)
Section 1 of the Estate Agents Act 1979 (estate agency work) is amended as
follows.
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
behalf)—
(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
the interest in land; or
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.”
72
Estate agency work
In section 1 of the Estate Agents Act 1979 (estate agency work), for subsection
(4) substitute—
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

Enterprise and Regulatory Reform Bill
Part 6 — Miscellaneous and general
67

Wales)), before section 399 and the cross-heading which precedes it insert—
“Adjudicators
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
of State may direct, and
(c)
may be removed from office by a direction of the Secretary of
10
State.
(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
bankruptcy orders).
(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
is abolished.
(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.
Part 6
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

Enterprise and Regulatory Reform Bill
Part 6 — Miscellaneous and general
68

(a)
section 79(4)(g);
(b)
in Schedule 1 paragraph 20.
77
Penalties under provision amending exceptions: copyright and rights in
performances
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)”.
(3)
At the end insert—
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
any later time.
(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
statutory instrument.
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)
insert—
“(5)
Schedule A1 confers powers to provide for the regulation of licensing
bodies.”

Enterprise and Regulatory Reform Bill
Part 6 — Miscellaneous and general
69

(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
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
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
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
authorised to license.
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
rights.
(5)
In this section “copyright licences” has the same meaning as in section
40
116.
(6)
Nothing in this section applies in relation to Crown copyright or
Parliamentary copyright.