Enterprise and Regulatory Reform Bill

SEVENTH
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE

The amendments have been marshalled in accordance with the Instruction of 20th November 2012, as follows—

Clauses 57 to 63
Schedules 18 and 19
Clause 64
Schedule 20
Clauses 65 to 68
Schedule 21
Clauses 69 to 80

[Amendments marked * are new or have been altered]

Clause 57

BARONESS THORNTON

LORD LESTER OF HERNE HILL

BARONESS TURNER OF CAMDEN

LORD LOW OF DALSTON

 

The above-named Lords give notice of their intention to oppose the Question that Clause 57 stand part of the Bill.

Clause 58

BARONESS THORNTON

LORD LESTER OF HERNE HILL

BARONESS TURNER OF CAMDEN

LORD LOW OF DALSTON

 

The above-named Lords give notice of their intention to oppose the Question that Clause 58 stand part of the Bill.

Clause 59

LORD MCKENZIE OF LUTON

LORD STEVENSON OF BALMACARA

28ZDA

Page 56, line 21, after “shared” insert “to a material extent”

28ZDB

Page 56, line 31, after “guidance” insert “after consulting with representatives of local government and such other persons as he considers appropriate”

Clause 60

LORD MCKENZIE OF LUTON

LORD STEVENSON OF BALMACARA

28ZDC

Page 57, line 11, at end insert—

“(3B) Where functions equivalent to relevant functions are carried out by other regulatory bodies, any inspection plans shall have regard to the way in which such other bodies exercise their functions.”

28ZDD

Page 57, line 26, at end insert—

“(7AA) Subsection (7A) does not apply where a local authority reasonably believes that exercising its function of inspection in relation to a regulated person in accordance with a plan that has been brought to its notice under subsection (6) is not appropriate in the circumstances.”

BARONESS GREENGROSS

 

Baroness Greengross gives notice of her intention to oppose the Question that Clause 60 stand part of the Bill.

Clause 61

VISCOUNT YOUNGER OF LECKIE

28ZE

Page 58, line 34, leave out from beginning to end of line 2 on page 59

LORD MARLAND

28ZF

Page 59, line 5, leave out “, (2A) or (2B)” and insert “or (2A)”

28ZG

Page 59, leave out lines 17 to 29

BARONESS TURNER OF CAMDEN

LORD MCKENZIE OF LUTON

 

The above-named Lords give notice of their intention to oppose the Question that Clause 61 stand part of the Bill.

After Clause 62

BARONESS HAYTER OF KENTISH TOWN

28ZH

Insert the following new Clause—

“Letting agents etc.

(1) In section 1 of the Estate Agents Act 1979 (estate agency work), for “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 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 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

(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 of a business (including a business in which he is employed) in connection with land or interests in land.””

28ZJ

Insert the following new Clause—

“Consumers, Estate Agents and Redress Act 2007: letting agents etc.

(1) The Consumers, Estate Agents and Redress Act 2007 is amended as follows.

(2) In section 53(1), for “estate agents” substitute “relevant estate agency work”.

(3) In paragraph 2 of Schedule 6, for subsection (1) of the inserted section 23A (redress schemes), substitute—

“(1) The Secretary of State may by order require persons who engage in relevant estate agency work in relation to residential property to be members of an approved redress scheme for dealing with complaints in connection with that work.

(1A) For the purposes of this section, “relevant estate agency work” includes estate agency work and also letting and management agency work.

(1B) For the purpose of this section, “letting agency work” refers to things done by any person in the course of a business (including a business in which he is employed) pursuant to instructions 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)—

(a) for the purpose of, or with a view to, effecting the introduction to the client of a third person who wishes to let an interest in land; or

(b) 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

(c) for the purpose of, or with a view to, managing the letting of the interest in land on behalf of the client; or

(d) for the purpose of, or with a view to, block management of interests in land.

(1C) For the purpose of this section, “management agency work” refers to management activities undertaken by any person in the course of a business (including a business in which he is employed) in connection with land or interests in land.””

After Clause 63

VISCOUNT YOUNGER OF LECKIE

28ZK

Insert the following new Clause—

“Abolition of Agricultural Wages Board and related English bodies

(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 (Abolition of Agricultural Wages Board and related English bodies: consequential provision) (abolition of Agricultural Wages Board and related English bodies: consequential provision) has effect.”

Schedule 18

LORD STEVENSON OF BALMACARA

BARONESS HAYTER OF KENTISH TOWN

28ZKA*

Page 244, line 12, at end insert “except during any postponement period of ten working days as set out in subsection 263K(2)(b),”

28ZKB*

Page 244, line 33, after “must” insert “either

(a) ”

28ZKC*

Page 244, line 34, at end insert “, or

(b) if the adjudicator believes an alternative debt remedy may be more suitable, the adjudicator may postpone the application for a period of ten working days to enable the debtor to seek independent debt advice, and at the end of such period the adjudicator must make a bankruptcy order against the debtor unless the application has been withdrawn by the debtor under subsection 263J(3).”

28ZKD*

Page 244, line 43, leave out “whether a bankruptcy order must be made” and insert “whether each of the requirements in subsection 263K(1) are met”

28ZKE*

Page 245, line 8, at end insert—

“(5) The adjudicator may apply to court for directions in relation to any particular matter arising under a bankruptcy application.”

Schedule 19

VISCOUNT YOUNGER OF LECKIE

28ZL

Page 248, line 14, at end insert—

“ In section 293 (summoning of meeting to appoint first trustee), in subsections (2) and (3) for “court” substitute “prescribed person”.

In section 295 (failure of meeting to appoint trustee), in subsection (3) for “court” substitute “prescribed person”.”

28ZM

Page 248, line 18, at end insert—

“ In section 298 (removal of trustee and vacation of office), in subsections (7) and (8) for “court” substitute “prescribed person”.

(1) Section 299 (release of trustee) is amended as follows.

(2) In subsection (1)(a) for “to the court” substitute “under this paragraph to the prescribed person”.

(3) In subsection (3)(a) for “court” substitute “prescribed person”.”

28ZN

Page 251, line 38, leave out “In section 415 (fees orders), after” and insert—

“(1) Section 415 (fees orders) is amended as follows.

(2) In subsection (1)—

(a) after paragraph (a) omit “and”, and

(b) at the end of paragraph (b) insert “and

(c) the performance by an adjudicator of functions under Part 9 of this Act,”.

(3) After”

28ZP

Page 252, line 28, after “adjudicators” insert “in the discharge of functions for the purposes of Part 9 of this Act”

28ZQ

Page 252, line 40, at end insert—

““24ZA Provision requiring adjudicators—

(a) to keep files and other records relating to bankruptcy applications and bankruptcies resulting from bankruptcy applications,

(b) to make files and records available for inspection by persons of a prescribed description, and

(c) to provide files and records, or copies of them, to persons of a prescribed description.

24ZB Provision requiring an adjudicator to make returns to the Secretary of State of the adjudicator’s business under Part 9 of this Act.”

28ZR

Page 253, line 2, after “applications” insert “and bankruptcies resulting from bankruptcy applications”

28ZS

Page 253, line 3, leave out “those”

28ZT

Page 253, line 4, at end insert—

“24B Provision requiring a person to whom notice is given under section 293(2), 295(3), 298(7) or (8) or section 299(1)(a) or (3)(a)—

(a) to keep files and other records of notices given under the section in question, and

(b) to make files and records available for inspection by persons of a prescribed description.””

After Schedule 19

VISCOUNT YOUNGER OF LECKIE

28ZU

Insert the following new Schedule—

“Abolition of Agricultural Wages Board and related English bodies: consequential provision

1 In section 28 of the Rent (Agriculture) Act 1976 (duty of housing authority upon receiving application that agricultural worker be re-housed etc), in subsection (3), for “The authority” substitute “If the dwelling-house is in Wales, the authority”.

2 The repeals and revocations in the following table have effect.

Reference Extent of repeal or revocation
Agricultural Wages Act 1948 (c. 47) Section 1.
In section 2— (a) in subsection (1)— (a) the words “England and”, and (b) paragraph (a), and (b) subsection (4).
Sections 3 to 4.
Sections 6 to 16.
In section 17— (a) in subsection (1), the definition of “the national minimum wage”, and (b) subsection (1A).
Sections 17A to 19.
Schedules 1, 2 and 4.
The Agricultural Wages Committee Regulations 1949 (S.I. 1949/1885) Regulation 3(2)(a) and the word “and” after it.
Regulation 16.
Public Records Act 1958 (c. 51) In the table at the end of paragraph 3 of Schedule 1, the words “Agricultural Wages Board.”
Parliamentary Commissioner Act 1967 (c. 13) In Schedule 2, the words “Agricultural Wages Board for England and Wales.”
Agriculture Act 1967 (c. 22) Section 67.
Agriculture (Miscellaneous Provisions) Act 1968 (c. 34) Section 46.
Agricultural Wages Committees (Wages Structure) Regulations 1971 (S.I. 1971/844) The whole instrument.
Agricultural Wages Committees (Areas) Order 1974 (S.I. 1974/515) In article 3(1), the words— (a) “Subject to the provisions of this order”, and (b) “an agricultural wages committee for each county in England and”.
Article 3(2).
Article 4.
The Schedule.
Social Security (Consequential Provisions) Act 1975 (c. 18) In Schedule 2, paragraph 32.
House of Commons Disqualification Act 1975 (c. 24) In Part 3 of Schedule 1, the words “Member appointed by a Minister of the Crown of the Agricultural Wages Board for England and Wales.”
Northern Ireland Assembly Disqualification Act 1975 (c. 25) In Part 3 of Schedule 1, the words “of the Agricultural Wages Board for England and Wales or”.
Social Security Pensions Act 1975 (c. 60) In Schedule 4, paragraph 10.
Employment Protection Act 1975 (c. 71) Section 97(1) and (2).
Schedule 9.
In Schedule 17, paragraph 12.
Agriculture (Miscellaneous Provisions) Act 1976 (c. 55) In section 4(1)(c), the words from “(including” to the end.
Agricultural Wages Committees (New Combinations of Counties) Order 1981 (S.I. 1981/179) The whole order.
Agricultural Wages Committee (Cleveland, Durham, Northumberland and Tyne and Wear) Order 1989 (S.I. 1989/1173) The whole order.
Social Security (Consequential Provisions) Act 1992 (c. 6) In Schedule 2, paragraph 4.
Agricultural Wages Committees (Areas) (England) Order 1995 (S.I. 1995/3186) The whole order.
Employment Rights Act 1996 (c. 18) In section 35— (a) in subsection (2), paragraph (a) and the word “or” at the end of that paragraph, and (b) in subsection (3), paragraph (b) and the “and” before that paragraph.
National Minimum Wage Act 1998 (c. 39) In section 16(6)— (a) in the definition of “the agricultural wages legislation”, paragraph (a), and (b) in the definition of “relevant authority”, paragraphs (a), (b) and (c).
In section 16A(5)— (a) in the definition of “enforcement officer”, paragraph (b), and (b) in the definition of “the relevant legislation”, paragraph (b).
Section 46(4)(a).
In section 47— (a) subsection (1)(a), (b) subsection (2)(a) and (d), (c) subsection (4)(a), (d) in subsection (4)(b), the words “(similar provision for Scotland)”, and (e) subsection (6)(a).
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”.
Part 1 of Schedule 2.
National Minimum Wage Regulations 1998 (S.I. 1999/584) Regulation 38(5)(a).
Freedom of Information Act 2000 (c. 36) In Part 6 of Schedule 1, the words “An Agricultural Wages Board for England and Wales”.
Criminal Justice Act 2003 (c. 44) In Schedule 25, paragraph 28.
Employment Relations Act 2004 (c. 24) Section 47.
In Schedule 1, paragraph 1.
Public Contracts Regulations 2006 (S.I. 2006/5) In Schedule 1, in the entry relating to the Agricultural Wages Board and agricultural wages committees, the words “Board and”.
Employment Act 2008 (c. 24) Section 8(6).
Section 9(6).
Public Contracts (Scotland) Regulations 2012 (S.S.I. 2012/88) In Schedule 1, in the entry relating to the Agricultural Wages Board and agricultural wages committees, the words “Board and”.”

Before Clause 65

LORD LUCAS

28A

Insert the following new Clause—

“Ownership of licences to copyright

(1) Any natural person who acquires, for value and for his personal use only, the right to use a copyright may, for value or otherwise, transfer that right to any other person.

(2) Any terms in any contract that purport to forbid, place restrictions on or require payment for a transfer under subsection (1) shall be null and void.

(3) Any person who in any way controls the use of a copyright must do all things necessary, without undue delay and without recompense, to effect a transfer under subsection (1) above.”

28B

Insert the following new Clause—

“Fair use

(1) A person in legal possession of a licence to use or enjoy copyright material may freely make copies of that material for the purposes of—

(a) backup;

(b) the enjoyment of the copyright material in alternative media to the one for which the copyright was licenced.

(2) A person may not, without express permission, make a copy made under subsection (1) above available to any other person.”

LORD JENKIN OF RODING

LORD CLEMENT-JONES

BARONESS BUSCOMBE

28C

Insert the following new Clause—

“Director General of Intellectual Property Rights

(1) The Copyright, Designs and Patents Act 1988 is amended as follows.

(2) In Part VII (miscellaneous and general) at the beginning insert—

“Director General of Intellectual Property Rights

A296 Director General of Intellectual Property Rights

(1) The Secretary of State shall appoint an officer to be known as the Director General of Intellectual Property Rights (“the Director General”).

(2) The Director General has a duty to—

(a) promote the creation of new intellectual property,

(b) protect and promote the interests of UK intellectual property rights holders,

(c) co-ordinate effective enforcement of UK intellectual property rights, and

(d) educate consumers on the nature and value of intellectual property.

(3) In performing those duties, the Director General must also have regard to the desirability of—

(a) promoting the importance of intellectual property in the UK,

(b) encouraging investment and innovation in new UK intellectual property, and

(c) protecting intellectual property against infringement of rights.””

LORD CLEMENT-JONES

LORD JENKIN OF RODING

28D

Insert the following new Clause—

“Annual report on copyright licensing

(1) The Copyright Designs and Patents Act 1988 is amended as follows.

(2) In Part VII (miscellaneous and general), after section 301—

“301A Annual report on copyright licensing

The Secretary of State shall commission and present to Parliament an annual report on the state of copyright licensing in the United Kingdom and of cross border co-ordination with other jurisdictions.””

Clause 65

BARONESS WHITAKER

LORD JENKIN OF RODING

28DA

Page 61, line 8, at end insert—

“( ) in Schedule 1, paragraph 6;”

LORD CLEMENT-JONES

28E

Page 61, line 9, at end insert—

“( ) The Secretary of State shall by regulations ensure that transitional provisions allow existing stocks of relevant articles falling within section 52 of the Copyright, Designs and Patents Act 1988 held in the United Kingdom on the day of the coming into force of this Act to be sold thereafter.”

BARONESS WHITAKER

LORD JENKIN OF RODING

28EA

Page 61, line 9, at end insert—

“( ) This section shall not apply to acts done in relation to copies of artistic works—

(a) within four months after the entry into force of this section provided that—

(i) the copies of the work were manufactured in the EEA; or

(ii) the copies of the work were imported into the EEA before the commencement of this section;

(b) after four months but within eight months after the entry into force of this section provided that—

(i) the conditions set out in paragraph (a)(i) are fulfilled; and

(ii) there are extraordinary circumstances justifying the acts.

This provision is without prejudice to the other exceptions set out in Chapter III of Part I of the Copyright, Designs and Patents Act 1988.”

LORD CLEMENT-JONES

28EB

Page 61, line 9, at end insert—

“( ) This section applies where a design incorporating an artistic work or any part thereof has been made available to the public, in the United Kingdom or elsewhere.

( ) It is not an infringement of copyright in the artistic work to make and exploit articles the design of which produces on an informed user a different overall impression from the design of the article which has been made available to the public in accordance with this section.”

28F

Page 61, line 9, at end insert—

“( ) This section shall not apply to acts done in relation to copies of artistic works—

(a) within six months after the entry into force of this section provided that—

(i) the copies of the work were manufactured in the EEA, or

(ii) the copies of the work were imported into the EEA before the commencement of this section;

(b) after six months but within 12 months after the entry into force of this section provided that—

(i) the conditions set out in paragraph (a)(i) are fulfilled, and

(ii) there are extraordinary circumstances justifying the acts.”

After Clause 65

BARONESS WHITAKER

28FA*

Insert the following new Clause—

“Revived copyright: transitional provisions and use as of right subject to reasonable royalty

(1) Part III of the Duration of Copyright and Rights in Performances Regulations 1995 (savings and transitional provisions) are amended as follows.

(2) In Regulation 16 after paragraph (d) insert—

“(e) to works in which copyright has been revived as a result of section 65 of the Enterprise and Regulatory Reform Act 2013.”

(3) In Regulation 24 after paragraph 4 insert—

“(5) This Regulation does not apply to artistic works in which copyright has been revived as a result of section 65 of the Enterprise and Regulatory Reform Act 2013.””

Clause 66

LORD CLEMENT-JONES

LORD JENKIN OF RODING

28G

Page 61, line 29, after “containing” insert “each individual”

LORD CLEMENT-JONES

28H

Page 61, line 30, leave out “the” and insert “each individual”

28J

Page 61, line 31, at end insert—

“( ) Regulations under this section may only be introduced via a single statutory instrument, containing that regulation to be considered on its own merits.”

LORD JENKIN OF RODING

28JA

Page 61, line 31, at end insert—

“( ) A separate impact statement must be published with each such individual order.”

Clause 67

VISCOUNT YOUNGER OF LECKIE

28JB*

Page 62, line 20, leave out from “unpublished” to end of line 21

28JC*

Page 62, line 22, after “expire” insert “—

(a) with the end of the term of protection of copyright laid down by Directive 2006/116/EC or at any later time;

(b) subject to that,”

Clause 68

LORD CLEMENT-JONES

28K

[Withdrawn]

28KA

Page 63, line 7, leave out “may” and insert “must”

28L

Page 63, leave out lines 8 to 11 and insert “specify a licensing body authorised to grant licences, only if this licensing body represents a substantial number of copyright owners of the type of work for which a licence is to be granted”

28LA

Page 63, leave out lines 8 to 11 and insert “provide that the power to provide licensing of orphan works extends so far as, but no further than, what is necessary in order to implement Directive 2012/28/EU on certain permitted uses of orphan works in the United Kingdom”

28LB

Page 63, leave out lines 12 to 25

28M

Page 63, line 13, after second “it” insert “(or the relevant owner of that part of the copyright which is sought to be licensed)”

28N

Page 63, line 14, after “search” insert “of each individual work”

28P

Page 63, line 14, at end insert—

“( ) The regulations must require that reasonable inquiry is made for the identity of the author, if the owner of copyright in an orphan work is not the first owner of copyright.

( ) The regulations must require that diligent search is undertaken to find known authors, and the regulations must provide for authors who have assigned copyright in an orphan work to have a right to equitable remuneration.”

28Q

Page 63, line 21, after “person” insert “specified pursuant to subsection (2) as”

28R

Page 63, line 21, at end insert—

“(d) to be time limited, and in any event, to end when copyright in the work has expired.”

28S

Page 63, line 23, after “it,” insert “whether there are any continuing exclusive licences previously granted,”

28SA

Page 63, leave out lines 29 to 31 and insert “authorised to extend an existing copyright licence between a user and the licensing body so as to confer on the user the right of exploitation within the United Kingdom provided by the licence in respect of works in which copyright is not owned or controlled by the licensing body or a person on whose behalf the licensing body acts”

28T

Page 63, line 30, leave out “copyright is not owned” and insert “no aspect of the copyright is owned or controlled”

28U

Page 63, line 31, at end insert—

“( ) Authorisation under subsection (1) shall only be granted if the following conditions are met—

(a) the licensing body is significantly representative of the UK rights holders in the field concerned;

(b) the licence also includes works of the licensing body’s members for the same use.”

28V

Page 63, line 33, after “applies,” insert—

“( ) the types of use to which it applies,”

28W

Page 63, line 35, at end insert—

“(3) In authorising a licensing body in accordance with subsections (1) and (2), the Secretary of State must be satisfied that the licensing body is acting with the approval of its membership.”

28X

Page 63, line 36, after “owner” insert “, exclusive licensee or an authorised representative,”

28Y

Page 63, line 39, at end insert—

“( ) The regulations must provide for the authorised licensing body to be required to adopt a code of practice that gives members and non-members equal rights and complies with criteria specified in the regulations.”

28AA

Page 63, line 39, at end insert—

“( ) The regulations must provide that the orphan works’ authorising body makes customary warranties on behalf of the missing owner to the licensee, as follows—

(a) that he has full right to enter into the agreement;

(b) that the work is an original work written by the owner;

(c) that the work in no way infringes any existing copyright;

(d) that the work contains nothing unlawful, indecent or libellous;

(e) that it does not infringe any right of privacy confidentiality or any intellectual property right;

(f) that any recipe formula or instruction contained in the work is accurate and is not injurious to the user.”

28AB

Page 64, line 5, after “met” insert “in accordance with sections 116A and 116B as applicable”

LORD HOWARTH OF NEWPORT

29

Page 64, line 12, after “paid” insert “if deemed required”

LORD CLEMENT-JONES

30

Page 64, line 12, after “paid” insert “including remuneration”

31

Page 64, line 20, at end insert—

“( ) The regulations must make provision for determining the rights and obligations of any person if a work ceases to qualify as an orphan work (or ceases to qualify by reference to any copyright owner), or if a copyright owner or an exclusive licensee exercises the right referred to in section 116B(3) while a licence is in force.”

32

Page 64, leave out lines 23 to 27

VISCOUNT YOUNGER OF LECKIE

32A*

Page 65, line 2, leave out “that amend an enactment”

32B*

Page 65, leave out lines 5 and 6

LORD CLEMENT-JONES

 

Lord Clement-Jones gives notice of his intention to oppose the Question that Clause 68 stand part of the Bill.

After Clause 68

LORD CLEMENT-JONES

33

Insert the following new Clause—

“Greater protection for authors when assigning or licensing copyright

In paragraph 1(c) of Schedule 1 to the Unfair Contract Terms Act 1977, omit “copyright”.”

Schedule 21

VISCOUNT YOUNGER OF LECKIE

33A*

Page 255, leave out lines 1 to 6 and insert—

“(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.

(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.”

BARONESS BUSCOMBE

LORD CLEMENT-JONES

34

Page 255, leave out lines 7 to 13

35

Page 255, line 14, leave out “Licensing code”

36

Page 255, line 16, leave out “licensing code”

37

Page 255, line 20, leave out “licensing code”

38

Page 255, line 26, leave out “licensing code”

39

Page 255, line 28, leave out “licensing code”

40

Page 255, line 31, leave out “licensing code”

41

Page 255, line 34, leave out “licensing code”

42

Page 255, line 36, leave out “licensing code”

43

Page 256, leave out lines 1 to 5

44

Page 256, line 35, at end insert “on a licensing body”

45

Page 256, leave out lines 36 to 38

BARONESS BUSCOMBE

LORD CLEMENT-JONES

VISCOUNT YOUNGER OF LECKIE

46

Page 256, line 39, leave out “may” and insert “must”

VISCOUNT YOUNGER OF LECKIE

46A*

Page 256, line 41, at end insert “any provision made under”

46B*

Page 256, line 45, leave out “the imposition of any such sanction” and insert “a determination within paragraph (a) or (b)”

BARONESS BUSCOMBE

LORD CLEMENT-JONES

47

Page 256, line 45, leave out “the imposition of any such” and insert “a determination of a failure to comply or the imposition of a”

48

Page 257, line 13, at end insert “to defray reasonable costs incurred in relation to that licensing body”

49

Page 257, line 37, leave out first “or” and insert “, including provision”

50

Page 257, line 39, at end insert—

“( ) Regulations under this Schedule must make provision as to conditions that are to be satisfied, and procedures that are to be followed—

(a) before a licensing body is required to adopt a code of practice as described in paragraph 1(1);

(b) before a code of practice has effect as one adopted by a licensing body as described in paragraph 1(2);

(c) before an ombudsman is appointed as described in paragraph 3(1); and

(d) before a code reviewer is appointed as described in paragraph 4(1).”

VISCOUNT YOUNGER OF LECKIE

50A*

Page 257, leave out lines 40 and 41

BARONESS BUSCOMBE

LORD CLEMENT-JONES

51

Page 257, line 41, at end insert—

“( ) The regulations must provide for the Secretary of State to consult persons whom the Secretary of State considers represent the interests of licensing bodies, licensees and members of licensing bodies, and the Intellectual Property Office before—

(a) specifying criteria with which a code of practice must comply,

(b) making provision as to the conditions and procedures referred to in paragraph 2,

(c) appointing a person as an ombudsman, or

(d) appointing a person as a code reviewer.”

VISCOUNT YOUNGER OF LECKIE

51A*

Page 257, line 44, leave out “that amend an enactment”

51B*

Page 258, leave out lines 3 to 5

LORD CLEMENT-JONES

52

Page 258, line 41, after “person” insert “specified pursuant to sub-paragraph (2) as”

53

Page 259, line 11, leave out “the act is not owned” and insert “no aspect of the copyright is owned or controlled”

54

Page 259, line 12, at end insert—

“( ) Authorisation under sub-paragraph (1) shall only be granted if the following conditions are met—

(a) the licensing body is significantly representative of the UK rights holders in the field concerned;

(b) the licence also includes works of the licensing body’s members for the same use.”

55

Page 259, line 14, at end insert—

“( ) An authorisation must also specify the types of use to which it applies.”

56

Page 259, line 15, after “owner” insert “, exclusive licensee or an authorised representative”

57

Page 259, line 38, at end insert—

“( ) The regulations must make provision for determining the rights and obligations of any person if a work ceases to qualify as an orphan work (or ceases to qualify by reference to any copyright owner), or if a copyright owner or an exclusive licensee exercises the right referred to in section 116B(3) while a licence is in force.”

58

Page 259, leave out lines 41 to 45

VISCOUNT YOUNGER OF LECKIE

58A*

Page 260, line 23, leave out “that amend an enactment”

58B*

Page 260, leave out lines 27 to 29

After Clause 73

VISCOUNT YOUNGER OF LECKIE

58C*

Insert the following new Clause—

“Supply of customer data

(1) The Secretary of State may by regulations require a regulated person to provide customer data—

(a) to a customer, at the customer’s request;

(b) to a person who is authorised by a customer to receive the data, at the customer’s request or, if the regulations so provide, at the authorised person’s request.

(2) “Regulated person” means—

(a) a person who, in the course of a business, supplies gas or electricity to any premises;

(b) a person who, in the course of a business, provides a mobile phone service;

(c) a person who, in the course of a business, provides financial services consisting of the provision of current account or credit card facilities;

(d) any other person who, in the course of a business, supplies or provides goods or services of a description specified in the regulations.

(3) “Customer data” means information which—

(a) is held in electronic form by or on behalf of the regulated person, and

(b) relates to transactions between the regulated person and the customer.

(4) Regulations under subsection (1) may make provision as to the form in which customer data is to be provided and when it is to be provided (and any such provision may differ depending on the form in which a request for the data is made).

(5) Regulations under subsection (1)—

(a) may authorise the making of charges by a regulated person for complying with requests for customer data, and

(b) if they do so, must provide that the amount of any such charge—

(i) is to be determined by the regulated person, but

(ii) may not exceed the cost to that person of complying with the request.

(6) Regulations under subsection (1)(b) may provide that the requirement applies only if the authorised person satisfies any conditions specified in the regulations.

(7) In deciding whether to specify a description of goods or services for the purposes of subsection (2)(d), the Secretary of State must (among other things) have regard to the following—

(a) the typical duration of the period during which transactions between suppliers or providers of the goods or services and their customers take place;

(b) the typical volume and frequency of the transactions;

(c) the typical significance for customers of the costs incurred by them through the transactions;

(d) the effect that specifying the goods or services might have on the ability of customers to make an informed choice about which supplier or provider of the goods or services, or which particular goods or services, to use;

(e) the effect that specifying the goods or services might have on competition between suppliers or providers of the goods or services.

(8) The power to make regulations under this section may be exercised—

(a) so as to make provision generally, only in relation to particular descriptions of regulated persons, customers or customer data or only in relation to England, Wales, Scotland or Northern Ireland;

(b) so as to make different provision for different descriptions of regulated persons, customers or customer data;

(c) so as to make different provision in relation to England, Wales, Scotland and Northern Ireland;

(d) so as to provide for exceptions or exemptions from any requirement imposed by the regulations, including doing so by reference to the costs to the regulated person of complying with the requirement (whether generally or in particular cases).

(9) For the purposes of this section, a person (“C”) is a customer of another person (“R”) if—

(a) C has at any time, including a time before the commencement of this section, purchased (whether for the use of C or another person) goods or services supplied or provided by R or received such goods or services free of charge, and

(b) the purchase or receipt occurred—

(i) otherwise than in the course of a business, or

(ii) in the course of a business of a description specified in the regulations.

(10) In this section, “mobile phone service” means an electronic communications service which is provided wholly or mainly so as to be available to members of the public for the purpose of communicating with others, or accessing data, by mobile phone.”

58D*

Insert the following new Clause—

“Supply of customer data: enforcement

(1) Regulations may make provision for the enforcement of regulations under section (Supply of customer data) (“customer data regulations”) by the Information Commissioner or any other person specified in the regulations (and, in this section, “enforcer” means a person on whom functions of enforcement are conferred by the regulations).

(2) The provision that may be made under subsection (1) includes provision—

(a) for applications for orders requiring compliance with the customer data regulations to be made by an enforcer to a court or tribunal;

(b) for notices requiring compliance with the customer data regulations to be issued by an enforcer and for the enforcement of such notices (including provision for their enforcement as if they were orders of a court or tribunal).

(3) The provision that may be made under subsection (1) also includes provision—

(a) as to the powers of an enforcer for the purposes of investigating whether there has been, or is likely to be, a breach of the customer data regulations or of orders or notices of a kind mentioned in subsection (2)(a) or (b) (which may include powers to require the provision of information and powers of entry, search, inspection and seizure);

(b) for the enforcement of requirements imposed by an enforcer in the exercise of such powers (which may include provision comparable to any provision that is, or could be, included in the regulations for the purposes of enforcing the customer data regulations).

(4) Regulations under subsection (1) may—

(a) require an enforcer (if not the Information Commissioner) to inform the Information Commissioner if the enforcer intends to exercise functions under the regulations in a particular case;

(b) provide for functions under the regulations to be exercisable by more than one enforcer (whether concurrently or jointly);

(c) where such functions are exercisable concurrently by more than one enforcer—

(i) designate one of the enforcers as the lead enforcer;

(ii) require the other enforcers to consult the lead enforcer before exercising the functions in a particular case;

(iii) authorise the lead enforcer to give directions as to which of the enforcers is to exercise the functions in a particular case.

(5) Regulations may make provision for applications for orders requiring compliance with the customer data regulations to be made to a court or tribunal by a customer who has made a request under those regulations or in respect of whom such a request has been made.

(6) Subsection (8)(a) to (c) of section (Supply of customer data) applies for the purposes of this section as it applies for the purposes of that section.

(7) The Secretary of State may make payments out of money provided by Parliament to an enforcer.

(8) In this section, “customer” and “regulated person” have the same meaning as in section (Supply of customer data).”

58E*

Insert the following new Clause—

“Supply of customer data: supplemental

(1) The power to make regulations under section (Supply of customer data) or (Supply of customer data: enforcement) includes—

(a) power to make incidental, supplementary, consequential, transitional or saving provision;

(b) power to provide for a person to exercise a discretion in a matter.

(2) Regulations under either of those sections must be made by statutory instrument.

(3) A statutory instrument containing regulations which consist of or include provision made by virtue of section (Supply of customer data)(2)(d) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

(4) A statutory instrument containing any other regulations under section (Supply of customer data) or section (Supply of customer data: enforcement) is subject to annulment in pursuance of a resolution of either House of Parliament.”

LORD RAZZALL

BARONESS BRINTON

58F

Insert the following new Clause—

“Fiduciaries: performance of investment functions

(1) In the performance of any investment functions, a fiduciary must act in the way the fiduciary considers, in good faith, would be most likely to be for the benefit of the beneficiaries as a whole and to be fair as between the beneficiaries, including as between present and future beneficiaries and in doing so, the fiduciary may have regard (amongst other matters) to—

(a) the likely consequences of any investment activities in the long term,

(b) the impact of any investment activities on the financial system and the economy,

(c) social and environmental considerations, including—

(i) the implications of social and environmental factors for return on investments, and

(ii) the impact of any investment activities on communities and the environment,

(d) the implications of any investment activities for beneficiaries’ quality of life, and

(e) the views, including the ethical views, of beneficiaries.

(2) If a fiduciary considers that the general adoption by market participants of a particular standard of conduct has been or would be conducive to the benefit of the beneficaries, the fiduciary may observe and promote the standard notwithstanding any rule of common law or equity which might otherwise oblige the fiduciary to act contrary to the standard or to require or influence any other person to do so.

(3) In this section—

“beneficiaries” means persons for whose benefit investments are being, will be or may be applied, whatever the particular form of ownership under which investments are held for the time being;

“benefit” includes—

(a) financial benefit provided out of investments; and

(b) any benefit which the fiduciary considers can be conferred on beneficiaries without any material prejudice to long-term return on investments;

“fiduciary” means a person or institution to which this section applies;

“investment activities” means any actions taken in the performance of any investment functions;

“investment functions” includes (amongst other matters) such of the following as pertain to the particular description of fiduciary—

(a) the selection, retention and realisation of investments,

(b) the exercise of rights, including voting rights, attaching to investments,

(c) engagement with the managers of investee companies and other investee entities, including in relation to corporate governance and corporate actions,

(d) the selection, appointment and monitoring of investment managers and other agents to whom the fiduciary delegates any investment functions,

(e) the selection and ongoing review of any investment funds which are operated by institutions acting as principals and in which the fiduciary invests,

(f) the selection, appointment and monitoring of investment consultants and of other advisers in relation to the performance of any investment functions,

(g) advising or assisting another fiduciary in relation to the performance of any investment functions,

(h) taking such steps as the fiduciary considers reasonable to ascertain the views of beneficiaries in relation to the fiduciary’s investment activities, and

(i) collective action with other market participants to further any common interests;

“investments” means the investments in relation to which any investment functions are performed and, where the context admits, includes assets of any kind representing such investments;

“standard of conduct” includes (without limitation) a standard which a fiduciary considers to be in accordance with—

(a) widely accepted norms of behaviour relating to environmental, social or governance issues, including any such norms set out in international conventions, voluntary codes of practice or otherwise, or

(b) the views or values of beneficiaries.”

58G

Insert the following new Clause—

“Persons or institutions to which section (Fiduciaries: performance of investment functions) applies

(1) The persons or institutions to which section 1 applies are—

(a) the trustees of a trust scheme as defined in section 124(1) of the Pensions Act 1995;

(b) any person or institution to whom the trustees of a trust scheme have delegated any of their investment functions as defined in section 1(3), in relation to the performance of such functions;

(c) any person or institution whom the trustees of any trust scheme have appointed to advise or assist them in the performance of their investment functions, in relation to the giving of such advice or assistance;

(d) undertakings authorised under the Financial Services and Markets Act 2000 to carry on long-term insurance business, that is, the activity of effecting or carrying out contracts of long-term insurance within the meaning of the Financial Services and Markets (Regulated Activities) Order 2001 (S.I. 2001/544), in relation to the effecting or carrying out of any contact falling within paragraph VII (pension fund management) of Part II of Schedule 1 to that order; and

(e) any person managing the investments of a personal pension scheme as defined in section 1(1) of the Pensions Schemes Act 1993, in relation to such management.

(2) The Secretary of State may by regulation—

(a) provide that section 1 applies to further descriptions of person or institution either generally or in prescribed circumstances;

(b) provide that where, by virtue of subsection (1) of this section, section 1 applies to any description of person or institution in prescribed circumstances only, it shall apply in further prescribed circumstances or generally;

(c) provide that where, by virtue of regulations made under paragraph (a) or (b), section 1 applies to any description of person or institution either generally or in prescribed circumstances, it shall no longer so apply but no such provision shall restrict the scope of subsection (1).”

Clause 78

VISCOUNT YOUNGER OF LECKIE

59

Page 75, line 40, leave out “and 63” and insert “, 63 and (Abolition of Agricultural Wages Board and related English bodies)(1) to (3)”

60

Page 75, line 42, at end insert “, and

(e) an amendment, repeal or revocation made by Schedule (Abolition of Agricultural Wages Board and related English bodies: consequential provision) has the same extent as the provision amended, repealed or revoked, subject to subsection (5A).

(5A) The repeals of the following provisions in Schedule (Abolition of Agricultural Wages Board and related English bodies: consequential provision) extend to England and Wales only—

(a) section 67 of the Agriculture Act 1967,

(b) paragraph 32 of Schedule 2 to the Social Security (Consequential Provisions) Act 1975,

(c) paragraph 10 of Schedule 4 to the Social Security Pensions Act 1975,

(d) paragraph 12 of Schedule 17 to the Employment Protection Act 1975, and

(e) paragraph 4 of Schedule 2 to the Social Security (Consequential Provisions) Act 1992.”

Clause 79

VISCOUNT YOUNGER OF LECKIE

60A*

Page 76, line 4, after “Sections” insert “(Supply of customer data), (Supply of customer data: enforcement) and (Supply of customer data: supplemental) and”

In the Title

VISCOUNT YOUNGER OF LECKIE

60B*

Line 7, after “directors;” insert “to make provision about the supply of customer data;”

Prepared 11th January 2013