January 2017 Plenary Meetings of the Permanent Council
In Chapter 1 of Part 2 of the Communications Act 2003 (electronic communications networks and services), after section 134 insert—
In section 135(3) of that Act (information required for purposes of Chapter 1 functions), after paragraph (ib) insert—.
After section 264 of the Communications Act 2003 insert—
After section 124 of the Communications Act 2003 insert—
After section 124A of the Communications Act 2003 insert—
After section 124B of the Communications Act 2003 insert—
After section 124C of the Communications Act 2003 insert—
After section 124D of the Communications Act 2003 insert—
After section 124E of the Communications Act 2003 insert—
After section 124F of the Communications Act 2003 insert—
After section 124G of the Communications Act 2003 insert—
After section 124H of the Communications Act 2003 insert—
After section 124I of the Communications Act 2003 insert—
After section 124J of the Communications Act 2003 insert—
After section 124K of the Communications Act 2003 insert—
After section 124L of the Communications Act 2003 insert—
After section 124M of the Communications Act 2003 insert—
In section 135(3) of that Act (information required for purposes of Chapter 1 functions), after paragraph (i) insert—.
In Schedule 8 to that Act (decisions not subject to appeal to the Competition Appeal Tribunal), after paragraph 9 insert—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Secretary of State may by regulations make provision about the granting by a court of a blocking injunction in respect of a location on the internet which the court is satisfied has been, is being or is likely to be used for or in connection with an activity that infringes copyright.
“Blocking injunction” means an injunction that requires a service provider to prevent its service being used to gain access to the location.
The Secretary of State may not make regulations under this section unless satisfied that—
the use of the internet for activities that infringe copyright is having a serious adverse effect on businesses or consumers,
making the regulations is a proportionate way to address that effect, and
making the regulations would not prejudice national security or the prevention or detection of crime.
The regulations must provide that a court may not grant an injunction unless satisfied that the location is—
a location from which a substantial amount of material has been, is being or is likely to be obtained in infringement of copyright,
a location at which a substantial amount of material has been, is being or is likely to be made available in infringement of copyright, or
a location which has been, is being or is likely to be used to facilitate access to a location within paragraph (a) or (b).
The regulations must provide that, in determining whether to grant an injunction, the court must take account of—
any evidence presented of steps taken by the service provider, or by an operator of the location, to prevent infringement of copyright in the qualifying material,
any evidence presented of steps taken by the copyright owner, or by a licensee of copyright in the qualifying material, to facilitate lawful access to the qualifying material,
any representations made by a Minister of the Crown,
whether the injunction would be likely to have a disproportionate effect on any person’s legitimate interests, and
the importance of freedom of expression.
The regulations must provide that a court may not grant an injunction unless notice of the application for the injunction has been given, in such form and by such means as is specified in the regulations, to—
the service provider, and
operators of the location.
The regulations may, in particular—
make provision about when a location is, or is not, to be treated as being used to facilitate access to another location,
provide that notice of an application for an injunction may be given to operators of a location by being published in accordance with the regulations,
provide that a court may not make an order for costs against the service provider,
make different provision for different purposes, and
make incidental, supplementary, consequential, transitional, transitory or saving provision.
The regulations may—
modify Chapter 6 of Part 1 of the Copyright, Designs and Patents Act 1988, and
make consequential provision modifying Acts and subordinate legislation.
Regulations under this section may not include provision in respect of proceedings before a court in England and Wales without the consent of the Lord Chancellor.
Regulations under this section must be made by statutory instrument.
A statutory instrument containing regulations under this section may not be made unless—
the Secretary of State has complied with section 18, and
a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
In this section—
“copyright owner” has the same meaning as in Part 1 of the Copyright, Designs and Patents Act 1988;
“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;
“modify” includes amend, repeal or revoke;
“operator”, in relation to a location on the internet, means a person who has editorial control over material available at the location;
“subordinate legislation” has the same meaning as in the Interpretation Act 1978.
In the application of this section to Scotland—
“costs” means expenses;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Before making regulations under section 17 the Secretary of State must consult—
the Lord President of the Court of Session and the Lord Chief Justice of Northern Ireland,
the persons that the Secretary of State thinks likely to be affected by the regulations (or persons who represent such persons), and
such other persons as the Secretary of State thinks fit.
If, following the consultation under subsection (1), the Secretary of State proposes to make regulations under section 17, the Secretary of State must lay before Parliament a document that—
explains the proposal and sets it out in the form of draft regulations,
explains the reasons why the Secretary of State is satisfied in relation to the matters listed in section 17(3)(a) to (c), and
contains a summary of any representations made during the consultation under subsection (1).
During the period of 60 days beginning with the day on which the document was laid under subsection (2) (“the 60-day period”), the Secretary of State may not lay before Parliament a draft statutory instrument containing regulations to give effect to the proposal (with or without modifications).
In preparing draft regulations under section 17 to give effect to the proposal, the Secretary of State must have regard to any of the following that are made with regard to the draft regulations during the 60-day period—
any representations, and
any recommendations of a committee of either House of Parliament charged with reporting on the draft regulations.
When laying before Parliament a draft statutory instrument containing regulations to give effect to the proposal (with or without modifications), the Secretary of State must also lay a document that explains any changes made to the proposal contained in the document laid before Parliament under subsection (2).
In calculating the 60-day period, no account is to be taken of any time during which Parliament is dissolved or prorogued or during which either House is adjourned for more than 4 days.
After section 124N of the Communications Act 2003 insert—
After section 124O of the Communications Act 2003 insert—
In section 192(1)(d) of that Act (appeals against decisions of the Secretary of State), after sub-paragraph (ii) insert—.
In section 402(1) of that Act (powers of the Secretary of State to make orders and regulations), after “conferred by” insert “ section 124P and ”.
After section 124Q of the Communications Act 2003 insert—
Before section 199 of the Communications Act 2003 insert—
In section 199(2) of that Act (functions of C4C), for “C4C's primary functions are” substitute “In subsection (1) “primary functions” means—and in the heading for that section, at the beginning insert “ Other ”.
In Schedule 9 to that Act (arrangements about carrying on C4C's activities)—
in paragraph 1(1), after paragraph (a) (but before “and”) insert—,
in paragraph 10, in the definition of “relevant licence period”, after paragraph (a) (but before “and”) insert—, and
in that definition, in paragraph (b), for “any other such notification” substitute “ any other notification under paragraph 1 ”.
Accordingly, in the heading for Part 3 of that Act (television and radio services), at the end insert “ ETC ”.
In section 24(1) of the Broadcasting Act 1990 (Channel 4 to be provided by C4C), for “The function of the Corporation shall be to” substitute “ The Corporation must ”.
In paragraph 1 of Schedule 3 to that Act (status and capacity of C4C)—
in sub-paragraph (4)(b), for “primary functions” substitute “ Channel 4 functions ”, and
after that sub-paragraph insert—
After section 198A of the Communications Act 2003 insert—
After section 271 of that Act insert—
In section 14 of the Broadcasting Act 1990 (establishment of Channel 3)—
omit subsection (7) (restriction on providing a single Channel 3 service for the whole of England or the whole of Scotland), and
after that subsection insert—
Section 216 of the Communications Act 2003 (renewal of Channel 3 and 5 licences) is amended as follows.
For subsection (4) substitute—
After subsection (6) insert—
In subsection (8)(a) for “subsection (4)(c)” substitute “ subsection (4A)(c) ”.
In subsection (10) for the words from “, in accordance” to the end substitute “—
to any determination under subsection (4A)(a);
in accordance with the determination under subsection (4A)(b), to the requirements imposed by section 217(4).”
After section 216 of that Act insert—
In section 217(1) of that Act, in the opening words, for “section 216(4)(b)” substitute “ section 216(4A)(b) ”.
Section 224 of the Communications Act 2003 (initial expiry date for licences) is amended as follows.
For subsection (1) (meaning of “initial expiry date”) substitute—
In subsection (2) (power to postpone initial expiry date), at the end insert “ for one or more of the types of licence mentioned in subsection (1) ”.
Omit subsection (3) (no postponement if digital switchover is to occur before 1 July 2013).
Chapter 2 of Part 3 of the Communications Act 2003 (regulatory structure for independent television services) is amended as follows.
In each of sections 214(6) and 216(12) (definition of “licensing period” for Channels 3 and 5)—
in the opening words, after “licensing period” insert “ , in relation to a licence, ”,
in paragraph (a), at the end (but before “or”) insert “ for that type of licence ”, and
in paragraph (b), at the end insert “ for that type of licence ”.
In each of sections 219(3) and 222(12) (definition of “licensing period” for public teletext service)—
in paragraph (a), at the end (but before “or”) insert “ for the licence to provide the public teletext service ”, and
in paragraph (b), at the end insert “ for that type of licence ”.
In section 225(3) (period for review of financial terms of replacement Channel 3 and 5 and public teletext licences), after “initial expiry date” insert “ for that type of licence ”.
In section 228(8) (giving effect to review of financial terms of replacement licence), in the definition of “licensing period”—
after “ “licensing period”” insert “ , in relation to a licence, ”,
in paragraph (a), at the end (but before “or”) insert “ for that type of licence ”, and
in paragraph (b), at the end insert “ for that type of licence ”.
Section 229 (report in anticipation of new licensing round) is amended as follows.
In subsection (1), after “licensing period” insert “ for a type of relevant licence ”.
In subsection (2)—
for “holders of relevant licences” substitute “ holder or holders of that type of licence ”, and
for “licence holders” substitute “ licence holder or holders ”.
In subsection (3)(a) and (b), for “relevant licences” substitute “ that type of licence ”.
After subsection (4) insert—
In subsection (5)—
for the words from the beginning to “the order—” substitute “ Where this subsection applies— ”, and
in paragraph (a), for “he” substitute “ the Secretary of State ” and at the end (but before “and”) insert “ for that type of licence ”.
In subsection (6), in the definition of “licensing period”—
in the opening words, after “ “licensing period”” insert “ , in relation to a licence, ”,
in paragraph (a), at the end (but before “or”) insert “ for that type of licence ”, and
in paragraph (b), at the end insert “ for that type of licence ”.
Section 230 (orders suspending rights of renewal) is amended as follows.
In subsection (2), for “licences for the time being in force that are of a description specified in the order are” substitute “ a licence for the time being in force that is of a description specified in the order is ”.
In that subsection, at the end insert “ (but see subsection (7)) ”.
In each of subsections (3), (4), (5) and (8)(b), for “licences” substitute “ a licence ”.
In subsection (7), for “Channel 3 licences” substitute “ a Channel 3 licence ”.
In subsection (11), in the definition of “initial licensing period”—
after “ “initial licensing period”” insert “ , in relation to a licence, ”, and
at the end (but before “and”) insert “ for that type of licence ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 218 of the Communications Act 2003 (provision of public teletext service) is amended as follows.
In subsection (1)—
for “must do all that they can to” substitute “may”, and
at the end insert “and complies with this section”.
In subsection (7)—
for “OFCOM must exercise their powers” substitute “If there is a public teletext provider, OFCOM must take account of the requirements of the public teletext service when exercising their powers”, and
omit the words after paragraph (b).
Accordingly, in the heading of the section, for “Duty” substitute “Power”.
Omit section 221 of that Act (replacement of existing public teletext provider’s licence).
In section 276(1) of that Act (co-operation with the public teletext provider), for “the provider of the service or channel” substitute “, if there is a public teletext provider, the provider of the Channel 3 service or Channel 4”.
In section 362 of that Act (interpretation of Part 3), in the definition of “the public teletext service”, for “is required to be” substitute “is or may be”.
The amendments made by this section and the entries in Schedule 2 relating to sections 218(7) and 221 of the Communications Act 2003 (and section 45 so far as relating to those entries) come into force on such day as the Secretary of State may by order made by statutory instrument appoint.
An order may not be made under subsection (8) unless—
condition A or B is met,
the Secretary of State is satisfied that making the order is in the public interest, and
a draft of the instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.
Condition A is that the Secretary of State has laid before Parliament a report by the Office of Communications (“OFCOM”) under section 218A of the Communications Act 2003 (report on public teletext service).
Condition B is that OFCOM have invited applications for the licence to provide the public teletext service (within the meaning of Part 3 of the Communications Act 2003) and—
no applications were made by the closing date, or
OFCOM considered that they could not award the licence to any of the applicants.
Omit section 184 of the Broadcasting Act 1990 (broadcasting of programmes in Gaelic on Channel 3 in Scotland).
Accordingly, omit section 183A(7)(a) and (b) of that Act (representation in Gaelic Media Service of interests of holders of certain licences).
In section 86(6) of the Broadcasting Act 1990 (varying licences under Part 3), for “section 110(1)(b)” substitute “ section 97B or 110(1)(b) ”.
After section 97 of that Act insert—
In section 199(5) of that Act (publication of notices by OFCOM), after “55,” insert “ 97B, ”.
In section 103A of the Broadcasting Act 1990 (renewal of national licences), in subsection (1), after “renewed” insert “ under this section ”.
After that section insert—
Section 103A(12) of the Broadcasting Act 1990 (as applied by section 103B of that Act) does not prevent the determination of a date falling less than one year after the making of the determination where—
the Office of Communications consider that the relevant date for the purposes of that section (as applied) is a date which is not more than 15 months after the day on which this section comes into force, and
the determination is made as soon as practicable after that day.
In section 104A of the Broadcasting Act 1990 (renewal of local licences)—
in subsection (1), after “renewed” insert “ under this section ”, and
after that subsection insert—
After that section insert—
Section 104A(14) of the Broadcasting Act 1990 (as applied by section 104AA of that Act) does not prevent the determination of a date falling less than one year after the making of the determination where—
the Office of Communications consider that the relevant date for the purposes of that section (as applied) is a date which is not more than 15 months after the day on which this section comes into force, and
the determination is made as soon as practicable after that day.
The requirement under section 104AA(7) of the Broadcasting Act 1990 may be satisfied by the publication of a document before this section comes into force.
In section 86(6) of the Broadcasting Act 1990 (variation of licence period etc), after “section 97B” (inserted by section 30) insert “ , 105A ”.
Before section 106 (but after the heading preceding that section) insert—
In section 199(5) of that Act (publication of notices by OFCOM), after “103,” insert “ 105A, ”.
If on 31 December 2012, in relation to a relevant renewed service (as defined in section 105A(7) of the Broadcasting Act 1990)— the Secretary of State must, before 31 December 2013, consider whether to give a notice under that section in relation to that service.
section 105A of that Act applies, but
the Secretary of State has not given a notice under that section,
In section 106(1A) of the Broadcasting Act 1990 (conditions relating to departures from character of licensed service), after paragraph (d) insert; or
Section 314 of the Communications Act 2003 (local content and character of local sound broadcasting services) is amended as follows.
In subsection (1), in paragraph (a), omit the words from “but” to “that case”.
After that subsection insert—
In subsection (7)—
“approved area”, in relation to programmes included in a local sound broadcasting service, means an area approved by OFCOM for the purposes of this section that includes the area or locality for which the service is provided;
in the definition of “locally-made”, at the end insert “ or, if there is an approved area for the programmes, that area ”.
After subsection (8) insert—
The requirement under section 314(9) of the Communications Act 2003 may be satisfied by the publication of a document before this section comes into force.
After section 54 of the Broadcasting Act 1996 insert—
After section 58 of the Broadcasting Act 1996 insert—
“radio multiplex licence” means a licence to provide a radio multiplex service;
In section 263 of the Communications Act 2003 (application of regulatory regimes to broadcasters), for subsection (4) substitute—
Section 12 of the Wireless Telegraphy Act 2006 (charges for grant of licence) is amended as follows.
In subsection (5) at the end insert “ , but this is subject to subsection (6). ”
After subsection (5) insert—
Section 14 of the Wireless Telegraphy Act 2006 (bidding for licences) is amended as follows.
In subsection (5) after “those sums must” insert “ , subject to subsection (5A), ”.
After subsection (5) insert—
After subsection (8) insert—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In Chapter 4 of Part 2 of the Wireless Telegraphy Act 2006 (enforcement of regulation of radio spectrum) after section 43 insert—
In section 44 of that Act (relevant amount of gross revenue), in subsections (1) and (10), after “43” insert “or 43A”.
In section 400 of the Communications Act 2003 (destination of licence fees and penalties), in subsection (1)(d), after “42” insert “or 43A”.
Section 2 of the Video Recordings Act 1984 (exempted video works) is amended as follows.
In subsection (1)—
after “video work” insert “ other than a video game ”,
after paragraph (a) insert “ or ”, and
omit paragraph (c) (and the word “or” before it).
After that subsection insert—
After subsection (3) insert—
After section 2 of that Act insert—
In section 3 of that Act (exempted supplies), after subsection (8) insert—
At the end of that section insert—
After section 4 of the Video Recordings Act 1984 insert—
Schedule 1 (which contains further amendments of the Video Recordings Act 1984) has effect.
The Copyright, Designs and Patents Act 1988 is amended as follows.
In section 107 (criminal liability for making or dealing with infringing articles etc.) in subsections (4)(a) and (4A)(a) for “the statutory maximum” substitute “ £50,000 ”.
In section 198 (criminal liability for making, dealing with or using illicit recordings) in subsections (5)(a) and (5A)(a) for “the statutory maximum” substitute “ £50,000 ”.
Section 5(2) of the Public Lending Right Act 1979 (interpretation) is amended as follows.
“author”, in relation to a work recorded as a sound recording, includes a producer or narrator; “book” includes— “lent out”— and “loan” and “borrowed” are to be read accordingly; “library premises” has the meaning given in section 8(7) of the Public Libraries and Museums Act 1964;
“producer” has the meaning given in section 178 of the Copyright, Designs and Patents Act 1988;
At the end of the definition of “the register” omit “and”.
“sound recording” has the meaning given in section 5A(1) of the Copyright, Designs and Patents Act 1988.
The Copyright, Designs and Patents Act 1988 is amended as follows.
In section 40A (permitted acts in relation to copyright works: lending of copies by libraries or archives), for subsection (1) substitute—
In Schedule 2, in paragraph 6B (permitted acts in relation to performances: lending of copies by libraries or archives)—
at the beginning insert—;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Secretary of State may by regulations made by statutory instrument make incidental, supplementary, consequential, transitional, transitory or saving provision in connection with the amendments made by this Act.
The regulations may—
make different provision for different purposes,
modify an Act passed before or in the same Session as this Act or subordinate legislation made before this Act is passed, and
where they are made in connection with an amendment made by section 28 or by a provision listed in section 47(3), modify a provision of an Act passed, or subordinate legislation made, before the day on which that amendment comes into force.
A statutory instrument containing regulations under this section that amend or repeal a provision of an Act may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
In this section—
“modify” includes amend, repeal or revoke;
“modify” includes amend, repeal or revoke;
“subordinate legislation” has the same meaning as in the Interpretation Act 1978.
Schedule 2 (repeals) has effect.
This Act extends to England and Wales, Scotland and Northern Ireland.
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—
Part 1 of the Copyright, Designs and Patents Act 1988;
the Broadcasting Act 1990;
the Broadcasting Act 1996;
the Communications Act 2003;
the Wireless Telegraphy Act 2006.
“Relevant extending power” means—
in relation to amendments of Part 1 of the Copyright, Designs and Patents Act 1988, section 157(2) of that Act;
in relation to amendments of the Broadcasting Act 1990, section 204(6) of that Act;
in relation to amendments of the Broadcasting Act 1996, section 150(4) of that Act;
in relation to amendments of the Communications Act 2003, section 411(6) of that Act;
in relation to amendments of the Wireless Telegraphy Act 2006, section 118(3) of that Act.
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.
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—
section 28(8), and
subsections (2) and (3).
The following come into force on the day on which this Act is passed—
sections 5, 6, 7, 15 and 16(1),
sections 30 to 32, and
this section and sections 46 and 48.
The following come into force on such day as the Secretary of State may by order made by statutory instrument appoint—
sections 19 to 21,
section 29 and the entries in Schedule 2 relating to sections 183A and 184 of the Broadcasting Act 1990 and Schedule 15 to the Communications Act 2003 (and section 45 so far as it relates to those entries),
sections 40(2), (3), (5) and (6) 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 2 relating to sections 2, 4 and 22 of the Video Recordings Act 1984 (and section 45 so far as it relates to those entries), and
section 43 and the entry in Schedule 2 relating to the Public Lending Right Act 1979 (and section 45 so far as it relates to that entry).
The Secretary of State may appoint different days for different purposes.
This Act may be cited as the Digital Economy Act 2010.
Section 41
The Video Recordings Act 1984 is amended as follows.
Section 4 (authority to determine suitability of video works for classification) is amended as follows. In subsection (1)(b)— After subsection (1B) insert— After subsection (3) insert— For subsection (5) substitute— Omit subsection (6). After that subsection insert— In subsection (8)—
In section 7 (classification certificates), at the end insert—
After that section insert—
In section 8 (requirements as to labelling etc), omit subsections (2) and (3).
Section 11 (supplying video recording of classified work in breach of classification) is amended as follows. In subsection (1)— In subsection (2), after paragraph (b) (but before “or”) insert—.
Section 12 (certain video recordings only to be supplied in licensed sex shops) is amended as follows. In subsections (1) and (3)— In subsection (6)—
Section 13 (supplying video recording not complying with requirements as to labels etc) is amended as follows. In subsection (1), after “unless” insert—. In subsection (2), before paragraph (a) insert—.
Section 14 (supplying video recording containing false indication as to classification) is amended as follows. In subsection (1), after “unless” insert—. In subsection (2)(a), after sub-paragraph (i) (but before “or”) insert—. In subsection (3)— In subsection (4)(a), before sub-paragraph (i) insert—.
Section 22 (other interpretation) is amended as follows. “video games authority” and “video works authority” have the meaning given in section 4ZA. In subsection (2), after “Act” insert “ (and subject to regulations under subsection (2A)) ”. After subsection (2) insert—
After section 22 insert—
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” were omitted.
Section 45 Short title and chapter Extent of repeal Public Lending Right Act 1979 (c. 10) In section 5(2), the word “and” at the end of the definition of “the register”. Video Recordings Act 1984 (c. 39) Section 2(1)(c) (and the word “or” before it). Section 4(6). Section 8(2) and (3). In section 22(1), the word “and” at the end of the definition of “business”. Broadcasting Act 1990 (c. 42) Section 14(7). In section 106(1A), the word “or” at the end of paragraph (c). Section 183A(7)(a) and (b). Section 184. Communications Act 2003 (c. 21) In section 218(7), the words after paragraph (b). Section 221. Section 224(3). In section 314(1)(a), the words from “but” to “that case”. In Schedule 15, paragraph 63 and the preceding heading.