Digital Economy Bill [HL]

House of Lords

Session 2009 - 10
Internet Publications
Other Bills before Parliament

Digital Economy Bill [HL]

Digital Economy Bill [HL]
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Extent
(1)
This Act extends to England and Wales, Scotland and Northern Ireland.
(2)
An amendment of the following enactments that is made by this Act may be
extended to any of the Channel Islands or the Isle of Man under the relevant
extending power—
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(a)
Part 1 of the Copyright, Designs and Patents Act 1988;
(b)
the Broadcasting Act 1990;
(c)
the Broadcasting Act 1996;
(d)
the Communications Act 2003;
(e)
the Wireless Telegraphy Act 2006.
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(3)
“Relevant extending power” means—
(a)
in relation to amendments of Part 1 of the Copyright, Designs and
Patents Act 1988, section 157(2) of that Act;
(b)
in relation to amendments of the Broadcasting Act 1990, section 204(6)
of that Act;
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(c)
in relation to amendments of the Broadcasting Act 1996, section 150(4)
of that Act;
(d)
in relation to amendments of the Communications Act 2003, section
411(6) of that Act;
(e)
in relation to amendments of the Wireless Telegraphy Act 2006, section
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118(3) of that Act.
(4)
The power conferred by section 157(2)(c) of the Copyright, Designs and Patents
Act 1988 (power to extend to British overseas territories) is exercisable in
relation to any amendment made by this Act to Part 1 of that Act.
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Commencement
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(1)
This Act comes into force at the end of the period of two months beginning
with the day on which it is passed, but this is subject to—
(a)
section 27(8), and
(b)
subsections (2) and (3).
(2)
The following come into force on the day on which this Act is passed—
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(a)
sections 6, 7, 8, 15 and 16(1),
(b)
sections 30 to 32, and
(c)
this section and sections 47 and 49.
(3)
The following come into force on such day as the Secretary of State may by
order made by statutory instrument appoint—
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(a)
sections 18 to 20,
(b)
section 29 and the entries in Schedule 3 relating to sections 183A and
184 of the Broadcasting Act 1990 and Schedule 15 to the
Communications Act 2003 (and section 46 so far as it relates to those
entries),
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(c)
sections 40(1) to (5) and 41(1), paragraphs 2 to 4, 6 to 9 and 10(2) of
Schedule 1 (and section 41(2) so far as it relates to those provisions) and
the entries in Schedule 3 relating to sections 2, 4 and 22 of the Video
Recordings Act 1984 (and section 46 so far as it relates to those entries),
and
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(d)
section 44.

Digital Economy Bill [HL]
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(4)
The Secretary of State may appoint different days for different purposes.
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Short title
This Act may be cited as the Digital Economy Act 2010.

Digital Economy Bill [HL]
Schedule 1 — Classification of video games etc: supplementary provision
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Schedules
Schedule 1
Section 41

Classification of video games etc: supplementary provision
1
The Video Recordings Act 1984 is amended as follows.
2     (1)
Section 4 (authority to determine suitability of video works for classification)
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is amended as follows.
      (2)
In subsection (1)(b)—
(a)
in sub-paragraph (i), after “issue” insert “or revocation”, and
(b)
in sub-paragraph (ii), after “issuing” insert “and revoking”.
      (3)
After that subsection insert—
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“(1C)
The arrangements made under this section may require a person
requesting a classification certificate for a video work to agree to
comply with a code of practice, which may, in particular, include
provision relating to the labelling of video recordings.”
      (4)
After subsection (3) insert—
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“(3A)
The Secretary of State must not make a designation under this
section unless satisfied that adequate arrangements will be made for
taking account of public opinion in the United Kingdom.”
      (5)
For subsection (5) substitute—
“(5)
No fee is recoverable by, or in accordance with arrangements made
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by, the designated authority in connection with a determination in
respect of a video work or the issue of a classification certificate
unless the designated authority has consulted the Secretary of State
about such fees.”
      (6)
Omit subsection (6).
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      (7)
After that subsection insert—
“(6A)
When making arrangements under this section, the designated
authority must have regard to any guidance issued by the Secretary
of State.
(6B)
The Secretary of State may not issue guidance about the matters to be
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taken into account when determining the suitability of a video work
for the issue of a classification certificate or a classification certificate
of a particular description.”
      (8)
In subsection (8)—

Digital Economy Bill [HL]
Schedule 1 — Classification of video games etc: supplementary provision
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(a)
after “Act” insert—
“(a)
”, and
(b)
at the end insert “, and
(b)
references to the designated authority, in relation to a
classification certificate, are references to the person
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or persons designated under this section when the
certificate is issued,

(but see also section 4ZA(2)).”
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In section 7 (classification certificates), at the end insert—
“(3)
For the purposes of this Act, a video work is not a video work in
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respect of which a classification certificate has been issued if every
classification certificate issued in respect of the video work has been
revoked.”
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After that section insert—
“7A
Classification certificates for particular video recordings
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(1)
A classification certificate issued in respect of a video work may be
issued so as to have effect only for the purposes of a video recording
that is described in the certificate (whether by reference to its
contents, to the manner in which it is, or is to be, supplied or
otherwise).
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(2)
For the purposes of this Act, a video recording contains a video work
in respect of which a classification certificate has been issued if (and
only if) a classification certificate that has been issued in respect of
the video work has effect for the purposes of the video recording.”
5
In section 8 (requirements as to labelling etc), omit subsections (2) and (3).
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6     (1)
Section 11 (supplying video recording of classified work in breach of
classification) is amended as follows.
      (2)
In subsection (1)—
(a)
for “containing” substitute “, or no video recording described in the
certificate, that contains”,
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(b)
for “a video recording containing that work” substitute “such a video
recording”,
(c)
after “unless” insert—
“(a)
the video work is an exempted work, or
(b)
”.
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      (3)
In subsection (2), after paragraph (b) (but before “or”) insert—
“(ba)
that the accused believed on reasonable grounds that the
video work concerned or, if the video recording contained
more than one work to which the charge relates, each of those
works was an exempted work,”.
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7     (1)
Section 12 (certain video recordings only to be supplied licensed sex shops)
is amended as follows.
      (2)
In subsections (1) and (3)—
(a)
for “containing” substitute “, or no video recording described in the
certificate, that contains”, and
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Digital Economy Bill [HL]
Schedule 1 — Classification of video games etc: supplementary provision
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(b)
for “a video recording containing the work” substitute “such a video
recording”.
      (3)
In subsection (6)—
(a)
for “containing” substitute “, or no video recording described in the
certificate, that contains”, and
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(b)
for “a video recording containing that work” substitute “such a video
recording”.
8     (1)
Section 13 (supplying video recording not complying with requirements as
to labels etc) is amended as follows.
      (2)
In subsection (1), after “unless” insert—
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“(a)
the video work is an exempted work, or
(b)
”.
      (3)
In subsection (2), before paragraph (a) insert—
“(za)
believed on reasonable grounds that the video work
concerned or, if the video recording contained more than one
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work to which the charge relates, each of those works was an
exempted work,”.
9     (1)
Section 14 (supplying video recording containing false indication as to
classification) is amended as follows.
      (2)
In subsection (1), after “unless” insert—
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“(a)
the video work is an exempted work, or
(b)
”.
      (3)
In subsection (2)(a), after sub-paragraph (i) (but before “or”) insert—
“(ia)
that the video work concerned or, if the video
recording contained more than one work to which the
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charge relates, each of those works was an exempted
work,”.
      (4)
In subsection (3)—
(a)
after “unless” insert—
“(a)
the video work is an exempted work, or
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(b)
”.
      (5)
In subsection (4)(a), before sub-paragraph (i) insert—
“(ai)
that the video work concerned or, if the video
recording contained more than one work to which the
charge relates, each of those works was an exempted
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work,”.
10    (1)
Section 22 (other interpretation) is amended as follows.
      (2)
In subsection (1), at the end insert—
““video games authority” and “video works authority” have the
meaning given in section 4ZA.”
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      (3)
In subsection (2), after “Act” insert “(and subject to regulations under
subsection (2A))”.

Digital Economy Bill [HL]
Schedule 2 — Licensing of copyright and performers’ property rights
Part 1 — Regulation of licensing bodies
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      (4)
After subsection (2) insert—
“(2A)
The Secretary of State may by regulations make provision about the
circumstances in which, for the purposes of this Act, a video
recording does or does not contain a video work.”
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After section 22 insert—
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“22A
Regulations
(1)
Regulations under this Act are to be made by statutory instrument.
(2)
Every power of the Secretary of State to make regulations under this
Act includes—
(a)
power to make different provision for different purposes,
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and
(b)
power to make transitional or saving provision.
(3)
A statutory instrument containing regulations under section 2A or 3
may not be made unless a draft of the instrument has been laid
before, and approved by a resolution of, each House of Parliament.
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(4)
Any other statutory instrument containing regulations under this
Act is subject to annulment in pursuance of a resolution of either
House of Parliament.”
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Until such time as section 2A of the Video Recordings Act 1984 comes into
force, section 22A(3) of that Act has effect as if the words “2A or” were
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omitted.
Schedule 2
Section 42

Licensing of copyright and performers’ property rights
Part 1
Regulation of licensing bodies
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1
In the Copyright, Designs and Patents Act 1988 before Schedule 1 insert—
“Schedule A1
Section 116D

Regulation of licensing bodies
Code of practice
1     (1)
The Secretary of State may by regulations require a licensing body
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to adopt a code of practice which complies with requirements set
out in the regulations.
      (2)
The regulations may in particular make provision requiring a code
of practice to include—
(a)
provision relating to any matter to which regulations
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under section 116A or 116B may relate;
(b)
provision for a person to be appointed to represent the
interests of persons dealing with the body in any capacity.

Digital Economy Bill [HL]
Schedule 2 — Licensing of copyright and performers’ property rights
Part 1 — Regulation of licensing bodies
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      (3)
The regulations may provide that in the case of a licensing body
that fails to adopt a code of practice in accordance with the
regulations, a code of practice approved by the Secretary of State
or by a person designated under the regulations by the Secretary
of State has effect as a code of practice adopted by the body.
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2     (1)
The powers conferred by paragraph 1 are exercisable only so as to
make provision applying in relation to a licensing body—
(a)
for the purposes of provision made under section 116A or
116B as it applies to that body, or
(b)
where it appears to the Secretary of State that the body’s
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system of self-regulation is failing to protect the interests of
copyright owners, licensees, prospective licensees or the
public.
      (2)
The Secretary of State may by regulations make provision as to—
(a)
procedures to be followed before such provision applies in
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relation to a licensing body;
(b)
where such provision applies by virtue of sub-paragraph
(1)(b), procedures to be followed before such provision
ceases to apply in relation to a licensing body.
Enforcement
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3     (1)
The Secretary of State may by regulations provide for the
consequences of a failure by a licensing body or other person to
comply with—
(a)
a code of practice which has effect under this Schedule in
relation to the person,
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(b)
an authorisation given to the person under section 116A or
116B, or
(c)
a requirement imposed under this Schedule.
      (2)
The regulations may in particular provide for the imposition of
financial penalties.
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      (3)
The regulations may include provision—
(a)
for determining whether there has been a failure to comply
with anything mentioned in sub-paragraph (1);
(b)
for determining any penalty that may be imposed in
respect of the failure;
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(c)
for an appeal to the Copyright Tribunal against the
imposition of any such penalty.
      (4)
The regulations may provide for a determination within sub-
paragraph (3)(a) or (b) to be made by the Secretary of State or by a
person designated by the Secretary of State under the regulations.
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      (5)
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.
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