Digital Economy Bill (HL Bill 122)

(a) tickets for a recreational, sporting or cultural event in the United
Kingdom are offered for sale,

(b) a purchase may be made wholly or partly by a process that the
purchaser completes using an electronic communications network or
5an electronic communications service, and

(c) the offer is subject to conditions that limit the number of tickets a
purchaser may buy.

(3) An act is within this subsection if it consists in using anything that enables or
facilitates completion of any part of a process within subsection (2)(b) with
10intent to obtain tickets in excess of a limit imposed by conditions within
subsection (2)(c).

(4) The regulations may apply whether the offer is made, or anything is done to
obtain tickets, in or outside the United Kingdom.

(5) The regulations—

(a) 15may be limited to particular circumstances within subsection (2), and to
particular acts within subsection (3);

(b) may provide for an offence to be subject to an exception or defence;

(c) may make different provision for different areas.

(6) The regulations must provide in England and Wales and Scotland for an
20offence to be triable only summarily.

(7) The regulations may not provide for an offence to be punishable—

(a) with imprisonment,

(b) in Scotland, with a fine exceeding £50,000, or

(c) in Northern Ireland, if tried summarily, with a fine exceeding the
25statutory maximum.

(8) The power to make regulations under this section is exercisable by statutory
instrument.

(9) A statutory instrument containing regulations under this section may not be
made unless a draft of the instrument has been laid before and approved by a
30resolution of each House of Parliament.

(10) In this section “electronic communications network” and “electronic
communications service” have the meaning given by section 32 of the
Communications Act 2003.

Communication devices used for drug dealing

111 35Prevention or restriction of use of communication devices for drug dealing

After section 80 of the Serious Crime Act 2015 insert—

“80A Prevention or restriction of use of communication devices for drug
dealing

(1) Regulations may make provision conferring power on a court to make
40a drug dealing telecommunications restriction order.

(2) “Drug dealing telecommunications restriction order” means an order
requiring a communications provider to take whatever action the order

specifies for the purpose of preventing or restricting the use of
communication devices in connection with drug dealing offences.

(3) Without limiting the action that may be specified, it includes—

(a) action that relates to a specified device;

(b) 5action that relates to a specified phone number or something
else that may be used with a device.

(4) In this section “drug dealing offence” means an offence under section
4(3) of the Misuse of Drugs Act 1971 or section 5 of the Psychoactive
Substances Act 2016; and a communication device is used in connection
10with a drug dealing offence if it is used by a person (“the user”) in the
course of—

(a) the user committing a drug dealing offence,

(b) the user facilitating the commission by the user or another
person of a drug dealing offence, or

(c) 15conduct of the user that is likely to facilitate the commission by
the user or another person of a drug dealing offence (whether or
not an offence is committed).

(5) Regulations under this section must provide for drug dealing
telecommunications restriction orders to be made only on the
20application of—

(a) the Director General or Deputy Director General of the National
Crime Agency, or

(b) a police officer of the rank of superintendent or above.

(6) Regulations under this section must—

(a) 25specify the matters about which the court must be satisfied if it
is to make an order;

(b) make provision about the duration of orders (which may
include provision for orders of indefinite duration);

(c) make provision about the giving (by a communications
30provider or any other person) of notice of the making of an
order;

(d) make provision about variation (including extension) and
discharge of orders;

(e) make provision about appeals.

(7) 35Regulations under this section must provide—

(a) for applications for drug dealing telecommunications
restriction orders to be made and heard without notice of the
application or hearing having been given to persons affected (or
their legal representatives), subject to subsection (9)(a);

(b) 40for applications to be heard and determined in the absence of
persons affected (and their legal representatives), subject to
subsection (9)(b);

(c) for applications to be heard and determined in private.

(8) Regulations under this section must provide for a court hearing an
45application or an appeal to have power to restrict disclosure of
information submitted in connection with the application or appeal if
satisfied that it is necessary to do so in the public interest.

(9) Regulations under this section may—

(a) make provision for a communications provider affected by an
application to be given notice of the application or hearing;

(b) make provision for a communications provider affected by an
application to be present or represented at the hearing and
5determination of the application;

(c) in connection with any provision under paragraph (b), make
provision for a communications provider to have a right to
make representations;

(d) make provision for a drug dealing telecommunications
10restriction order to specify that a requirement of the order is not
to apply in particular circumstances;

(e) make provision authorising a court to include in an order a
requirement for the person applying for the order to pay any or
all of the costs of complying with it;

(f) 15make provision about time limits for complying with orders;

(g) make provision about enforcement of orders (which may
include provision creating offences);

(h) make provision about costs (or, in Scotland, expenses) in respect
of legal proceedings;

(i) 20make provision about compensation;

(j) make different provision for different purposes or areas;

(k) make incidental, consequential, supplementary or transitional
provision, including provision applying any enactment (with or
without modifications).

(10) 25The power to make regulations under this section is exercisable by
statutory instrument made by the Secretary of State.

(11) A statutory instrument containing regulations under this section is not
to be made unless a draft of the instrument has been laid before, and
approved by a resolution of, each House of Parliament.

(12) 30In this section—

• “communication device” means an item specified in section 1(3) of
  the Prisons (Interference with Wireless Telegraphy) Act 2012
  (mobile telephones etc);

• “communications provider” means a person providing a
  35telecommunications service;

• “court” means—

  (a)

  in relation to England and Wales, the county court;

  (b)

  in relation to Scotland, the sheriff;

  (c)

  in relation to Northern Ireland, a county court;

• 40“enactment” includes—

  (a)

  an enactment contained in subordinate legislation
  within the meaning of the Interpretation Act 1978;

  (b)

  an enactment contained in, or in an instrument made
  under, an Act of the Scottish Parliament;

  (c)

  45Northern Ireland legislation;

• “telecommunications service” has the meaning given by section
  261 of the Investigatory Powers Act 2016.”

Charges payable to the Information Commissioner

112 Regulations about charges payable to the Information Commissioner

(1) The Secretary of State may by regulations require data controllers to pay
charges of an amount specified in the regulations to the Information
5Commissioner.

(2) Regulations under subsection (1) may require a data controller to pay a charge
regardless of whether the Information Commissioner has provided, or
proposes to provide, a service to the data controller.

(3) Regulations under subsection (1) may make provision about the time or times
10at which, or period or periods within which, a charge must be paid.

(4) Regulations under subsection (1) may make provision—

(a) for different charges to be payable in different cases;

(b) for cases in which a discounted charge is payable;

(c) for cases in which no charge is payable;

(d) 15for cases in which a charge which has been paid is to be refunded.

(5) The Secretary of State may by regulations make provision—

(a) requiring a data controller to provide information to the Information
Commissioner, or

(b) enabling the Commissioner to require a data controller to provide
20information to the Commissioner,

for either or both of the purposes mentioned in subsection (6).

(6) Those purposes are—

(a) determining whether a charge is payable by the data controller under
regulations under subsection (1);

(b) 25determining the amount of a charge payable by the data controller.

(7) The provision that may be made under subsection (5)(a) includes, in particular,
provision requiring a data controller to notify the Information Commissioner
of a change in the data controller’s circumstances of a kind specified in the
regulations.

(8) 30In this section “data controller” means a person who, alone or jointly with
others, determines the purposes and means of the processing of personal data.

(9) In subsection (8) “personal data” means any information relating to an
identified or indentifiable individual.

(10) For this purpose an individual is “identifiable” if the individual can be
35identified, directly or indirectly, in particular by reference to—

(a) an identifier such as a name, an identification number, location data or
an online identifier, or

(b) one or more factors specific to the physical, physiological, genetic,
mental, economic, cultural or social identity of the individual.

(11) 40Where the purposes and means of the processing of personal data are
determined by or on behalf of the House of Commons or House of Lords, other
than where they are determined by or on behalf of the Intelligence and Security
Committee of Parliament, the data controller in respect of those data for the
purposes of this section is the Corporate Officer of that House.

113 Functions relating to regulations under section 112

(1) Before making regulations under section 112(1) or (5) the Secretary of State
must consult the Information Commissioner.

(2) In making regulations under section 112(1), the Secretary of State must have
5regard to the desirability of securing that the charges payable to the
Information Commissioner under such regulations are sufficient to offset—

(a) expenses incurred by the Commissioner in discharging the
Commissioner’s functions—

(i) under the Data Protection Act 1998,

(ii) 10under or by virtue of the Privacy and Electronic
Communications (EC Directive) Regulations 2003 (SI 2003/
2426),

(iii) under the General Data Protection Regulation,

(iv) under regulations which implement the General Data
15Protection Regulation or the Criminal Data Directive,

(v) by virtue of section 112, and

(vi) under this section,

(b) any expenses of the Secretary of State in respect of the Commissioner so
far as attributable to those functions,

(c) 20to the extent that the Secretary of State considers appropriate, any
deficit previously incurred (whether before or after the passing of this
Act) in respect of the expenses mentioned in paragraph (a), and

(d) to the extent that the Secretary of State considers appropriate, expenses
incurred by the Secretary of State in respect of the inclusion of any
25officers or staff of the Commissioner in any scheme under section 1 of
the Superannuation Act 1972.

(3) In subsection (2)—

• “the Criminal Data Directive” means Directive (EU) 2016/680 of the
  European Parliament and of the Council of 27 April 2016 on the
  30protection of natural persons with regard to the processing of personal
  data by competent authorities for the purposes of the prevention,
  investigation, detection or prosecution of criminal offences or the
  execution of criminal penalties, and on the free movement of such data,
  and repealing Council Framework Decision 2008/977/JHA;

• 35“the General Data Protection Regulation” means Regulation (EU) 2016/
  679 of the European Parliament and of the Council of 27 April 2016 on
  the protection of natural persons with regard to the processing of
  personal data and on the free movement of such data, and repealing
  Directive 95/46/EC (General Data Protection Regulation).

(4) 40The Secretary of State may from time to time require the Information
Commissioner to provide information about the expenses referred to in
subsection (2)(a).

(5) The Information Commissioner must keep under review the working of
regulations under section 112(1) or (5) and may from time to time submit
45proposals to the Secretary of State for amendments to be made to the
regulations.

(6) The Secretary of State must review the working of regulations under section
112(1) or (5)—

(a) at the end of the period of five years beginning with the making of the
first set of regulations under that section, and

(b) at the end of each subsequent five year period.

114 Supplementary provision relating to section 112

(1) 5Regulations under section 112(1) or (5) are to be made by statutory instrument.

(2) A statutory instrument containing regulations under section 112(1) or (5) is to
be laid before Parliament after being made.

(3) Regulations under section 112(1) or (5)—

(a) may make different provision for different purposes;

(b) 10may make transitional, transitory or saving provision;

(c) may make incidental, supplemental or consequential provision.

(4) Regulations under section 112(1) or (5) may bind the Crown.

(5) But regulations under section 112(1) or (5) may not apply to—

(a) Her Majesty in Her private capacity,

(b) 15Her Majesty in right of the Duchy of Lancaster, or

(c) the Duke of Cornwall.

(6) For the purposes of section 112 each government department is to be treated as
a person separate from any other government department.

(7) In subsection (6) “government department” includes—

(a) 20any part of the Scottish Administration;

(b) a Northern Ireland department;

(c) the Welsh Government;

(d) any body or authority exercising statutory functions on behalf of the
Crown.

115 25Amendments relating to section 112

(1) The Data Protection Act 1998 is amended in accordance with subsections (2) to
(7).

(2) Omit Part 3 (notification by data controllers).

(3) In section 33A(1) (manual data held by public authorities) omit paragraph (e)
30(but not the “and” following that paragraph).

(4) In section 71 (index of defined expressions) omit the entries relating to
“address”, “fees regulations”, “notification requirements”, “prescribed” and
“registrable particulars”.

(5) In Part 2 of Schedule 1 (interpretation of the data protection principles) in
35paragraph 5 omit paragraph (b) and the “or” preceding that paragraph.

(6) In Part 1 of Schedule 5 (the Information Commissioner) in paragraph 9(1)
(destination of fees etc) after “the Freedom of Information Act 2000” insert “and
all charges received by the Commissioner under regulations under section
112(1) of the Digital Economy Act 2017”.

(7) 40In Schedule 14 (transitional provisions and savings) omit paragraph 2
(registration under Part 2 of the Data Protection Act 1984).

(8) In regulation 5(3)(b) of the High Court Enforcement Officers Regulations 2004
(SI 2004/400) (application procedure) omit paragraph (iii).

(9) In consequence of the repeal in subsection (2) the following are repealed or
revoked—

(a) 5section 71 of the Freedom of Information Act 2000;

(b) in paragraph 6 of Schedule 2 to the Transfer of Functions
(Miscellaneous) Order 2001 (SI 2001/3500)—

(i) in sub-paragraph (1), paragraphs (h) to (m), and

(ii) sub-paragraph (2);

(c) 10in paragraph 9(1)(a) of Schedule 2 to the Secretary of State for
Constitutional Affairs Order 2003 (SI 2003/1887), the words “16, 17, 22,
23, 25, 26,”;

(d) Part 1 of Schedule 20 to the Coroners and Justice Act 2009;

(e) paragraph 26 of Schedule 2 to the Transfer of Tribunal Functions Order
152010 (SI 2010/22).

Payment and securities settlement systems

116 Power to apply settlement finality regime to payment institutions

In Part 24 of the Financial Services and Markets Act 2000 (insolvency) after
section 379 insert—

20“Settlement finality

379A Power to apply settlement finality regime to payment institutions

(1) The Treasury may by regulations made by statutory instrument
provide for the application to payment institutions, as participants in
payment or securities settlement systems, of provision in subordinate
25legislation—

(a) modifying the law of insolvency or related law in relation to
such systems, or

(b) relating to the securing of rights and obligations.

(2) “Payment institution” means—

(a) 30an authorised payment institution or small payment institution
within the meaning of the Payment Services Regulations 2009
(S.I. 2009/209), or

(b) a person whose head office, registered office or place of
residence, as the case may be, is outside the United Kingdom
35and whose functions correspond to those of an institution
within paragraph (a).

(3) “Payment or securities settlement system” means arrangements
between a number of participants for or in connection with the clearing
or execution of instructions by participants relating to any of the
40following—

(a) the placing of money at the disposal of a recipient;

(b) the assumption or discharge of a payment obligation;

(c) the transfer of the title to, or an interest in, securities.

(4) “Subordinate legislation” has the same meaning as in the Interpretation
Act 1978.

(5) Regulations under this section may—

(a) make consequential, supplemental or transitional provision;

(b) 5amend subordinate legislation.

(6) A statutory instrument containing regulations under this section is
subject to annulment in pursuance of a resolution of either House of
Parliament.”

117 Bank of England oversight of payment systems

10Schedule 9 extends Part 5 of the Banking Act 2009 (Bank of England oversight
of inter-bank payment systems) to other payment systems; and makes
consequential provision.

Qualifications in information technology

118 Qualifications in information technology: payment of tuition fees

(1) 15The Apprenticeships, Skills, Children and Learning Act 2009 is amended as
follows.

(2) In section 88(1) (qualifications for persons aged 19 or over: payment of tuition
fees), for “1(a) or (b)” substitute “1(a), (b) or (ba)”.

(3) In paragraph 1 of Schedule 5 (qualifications for persons aged 19 or over), after
20paragraph (b) insert—

“(ba) a specified qualification in making use of information
technology;”.

(4) After paragraph 5 of that Schedule insert—

“Power to specify qualification in information technology

5A 25The level of attainment demonstrated by a specified qualification in
making use of information technology must be the level which, in the
opinion of the Secretary of State, is the minimum required in that
respect by persons aged 19 or over in order to be able to operate
effectively in day-to-day life.”

30Guarantee of pension liabilities under Telecommunications Act 1984

119 Guarantee of pension liabilities under Telecommunications Act 1984

(1) The Secretary of State may make regulations modifying or supplementing
section 68 of the Telecommunications Act 1984 (liability of Secretary of State in
respect of British Telecommunications public limited company’s liabilities as
35successor for payment of pensions) in accordance with subsection (4).

(2) Subsection (4) applies in relation to relevant employees of British
Telecommunications public limited company (“BTplc”) becoming employees
of another company (a “transferee”) in connection with any part of the

undertaking of BTplc being transferred or outsourced (whether or not to the
transferee).

(3) Employees are relevant if the liability of BTplc for the payment of pensions
which vested in it by virtue of section 60 of the Telecommunications Act 1984
5included, immediately before the employees ceased to be employees of BTplc,
liability for the payment of pensions to or in respect of those employees.

(4) The regulations may provide for the Secretary of State (in addition to any
liability apart from the regulations) to become liable—

(a) on the winding up of BTplc, to discharge any outstanding liability of
10BTplc for the payment of pensions to or in respect of relevant
employees of the transferee or a successor;

(b) on the winding up of the transferee or a successor, to discharge any
outstanding liability of the transferee or successor for the payment of
pensions to or in respect of relevant employees.

(5) 15The regulations may provide for any liability that the Secretary of State is liable
to discharge under the regulations not to include liability arising by virtue of a
person’s employment on or after a specified date, or by virtue of anything else
occurring on or after a specified date.

(6) The specified date must be not earlier than the date on which the regulations
20come into force.

(7) The power to make regulations under this section is exercisable so as to—

(a) make provision in relation to all cases or circumstances to which the
power extends or in relation to specified cases or circumstances;

(b) in particular, make provision in relation to all employees to whom the
25power extends or in relation to employees of a specified description;

(c) make different provision for different purposes.

(8) The regulations may—

(a) amend section 68 of the Telecommunications Act 1984;

(b) re-enact any provision of that section with or without modifications.

(9) 30In this section references to the winding up of a company are references to—

(a) the passing of a resolution, in accordance with the Insolvency Act 1986,
for the voluntary winding up of the company, or

(b) the making of an order for the winding up of the company by the court
under that Act.

(10) 35In this section—

• “specified” means specified in regulations under this section;

• “successor” means—

  (a)

  where relevant employees of a transferee become employees of
  another person, that person, and

  (b)

  40where relevant employees of a successor within paragraph (a)
  or this paragraph become employees of another person, that
  person.

120 Regulations under section 119

(1) The power to make regulations under section 119 is exercisable by statutory
45instrument.

(2) That power is exercisable by the Secretary of State only with the consent of the
Treasury.

(3) A statutory instrument containing regulations under that section may not be
made unless a draft of the instrument has been laid before and approved by a
5resolution of each House of Parliament.

(4) Before making regulations under that section the Secretary of State must
consult—

(a) the Pensions Regulator;

(b) BT plc;

(c) 10the trustees of the BT Pensions Scheme;

(d) any transferee or successor to which the regulations apply;

(e) any other persons the Secretary of State considers it appropriate to
consult.

Part 7 15General

121 Financial provisions

The following are to be paid out of money provided by Parliament—

(a) any expenditure incurred under or by virtue of this Act by a Minister
of the Crown, a person holding office under Her Majesty or a
20government department, and

(b) any increase attributable to this Act in the sums payable under any
other Act out of money so provided.

122 Commencement

(1) The following come into force on the day on which this Act is passed—

(a) 25section 91;

(b) section 116;

(c) sections 119 and 120;

(d) sections 121, 123 and 124;

(e) this section.

(2) 30The following come into force at the end of the period of two months beginning
with the day on which this Act is passed—

(a) section 1;

(b) section 2;

(c) section 4;

(d) 35section 8;

(e) sections 11 to 15;

(f) sections 85 to 89;

(g) section 96;

(h) sections 97 and 102;

(i) 40section 103;

(j) section 111;

(k) section 117 and Schedule 9.