【精編匯總版】CommonsamendmentsforDigitalEconomyBill合集

1、【精編匯總版】CommonsamendmentsforDigitalEconomyBill合集】12/12【精編匯總版】CommonsamendmentsforDigitalEconomyBill合集Digital Economy Bill HLCommons amendmentsThe page and line references are to Bill 89, the bi 11 as first printed for the Commons Clause 11Leave out Clause 1Clause 82Page 11, line 23, leave out from tr

2、ansparentv to end of line 26 Clause 113Page 15, line 25, after “unless” insert一“ /、 the Secretary of State has compl ied with subsections (6) to (10), and(b)”4Page 15, line 27, at end insert一“ If the Secretary of State proposes to make an order under this section, theSecretary of State must lay befo

3、re Pariament a document that-(a)explains the proposal, and(b)sets it out in the form of a draft order.(7)During the period of 60 days beginning with the day on which the document was laid under subsection (6) ( “ihe 60-day period), the Secretary of Stale may not lay before Pari lament a draft order

4、to give effectto the proposal (with or without modifications). In preparing a draft order under this section to give effect to the proposal,the Secretary of State must have regard to any of the following that aremade with regard to the draft order during the 60-day period-(a) any representations, an

5、d any recommendations of a committee of either House of Parliamentcharged with reporting on the draft order. When laying before Parliament a draft order to give effect to the , proposal(with or without modifications), the Secretary of State must also lay aHL Bill 5554/52document that explains any ch

6、anges made to the proposal contained in thedocument laid before Parliament under subsection (6).(10) Tn calculating the 60-day period, no account is to be taken of any timeduring which Pari i amen I i s dissolved or prorogued or during which eitherHouse is adjourned for more than 4 days. ”Clause 155

7、Page 19, line 42, after “provider“ insert “or ownerwClause 186Leave out Clause 18After Clause 187Insert the following new Clause一“Power to make provision about injunctions preventing access to locations onthe internet(1) The Secretary of State may by regulations make provision about thegranting by a

8、 court of a blocking injunction in respect of a location on theinternet which the court is satisfied has been, is being or is likely to be usedfor or in connection with an activity that infringes copyright. “Blocking injunction” means an injunction that requires a service providerto prevent its serv

9、ice being used to gain access to the location. The Secretary of State may not make regulations under this section unlesssatisfied that一 the use of the internet for activities that infringe copyright is havinga serious adverse effect on businesses or consumers,心 making the regulations is a proportion

10、ate way to address(b)thateffect, and(c)making the regulations would not prejudice nationalsecurity or theprevention or detection of crime. The regulations must provide that a court may not grant an injunctionunless satisfied that the location is(a)being or is(b)being or is or(c)access to aa location

11、 from which a substantial amount of material has been, islikely to be obtained in infringement of copyright,a location at which a substantial amount of material has been, islikely to be made available in infringement of copyright,a location which has been, is being or is likely to be used to faci1it

12、alelocation within paragraph (a) or (b).The regulations must provide that, in determining whether to grant (5)aninjunction, the court must take account of一/ 、 any evidence presented of stops taken by the service(a).,provider, or byan operator of the location, to prevent infringement of copyright int

13、he qualifying material,3any evidence presented of steps taken by the copyright owner, orby a licensee of copyright in the qualifying material, to facilitatelawful access to the qualifying material,(c)any representations made by a Minister of the Crown,小whether the injunction would be likely to have

14、a(d).disproportionateeffect on any personJ s legitimate interests, and(e)the importance of freedom of expression./八 The regulations must provide that a court may not grant an injunctionunless notice of the application for the injunction has been given, in suchform and by such means as is specified i

15、n the regulations, to-(a)the service provider, and(b)operators of the location.(7)The regulations may, in particular一(a)make provision about when a location is, or is not, to be treated asbeing used to facilitate access to another location,八、provide that notice of an application for an injunction ma

16、v(b),be givento operators of a location by being published in accordance with theregulations,/、 provide that a court may not make an order for costs againstservice provider,(d)make different provision for different purposes, and/ 、 make incidental, supplementary, consequential,(e)itransitional,trans

17、itory or saving provision.(8)The regulations may-,、 modify Chapter 6 of Part 1 of the Copyright, Designs and(a)n PatentsAct 1988, and(b)make consequential provision modifying Acts and subordinate legislation. Regulations under this section may not include provision in, respect ofproceedings before a

18、 court in England and Wales without the consent of the Lord Chancellor.(10)(11)Regulations under this section must be made by statutory instrument.A statutory instrument containing regulations under this section may notbe madeunless- the Secretary of State has complied with section Consultation andP

19、arliamentary scrutiny, and八、a draft of the instrument has been laid before and approved(b) by aresolution of each House of Parliament.(12)In this section-“copyright ownerv has the same meaning as in Part 1 of the Copyright, Designs and Patents Act 1988:“Minister of the Crownhas the same meaning as i

20、n the Ministers of the Crown Act 1975;“modify“ includes amend, repeal or revoke;woperatorM , in relation to a location on the internet, means a person who has editorial control over material available at the location;4qualifying material w , in relation to an injunction, means the material taken int

21、o account by the court for the purposes of provision made under subsection (4);Mservice provider“ has the same meaning as in section 97A of the Copyright, Designs and Patents Act 1988;subordinate legislation“ has the same meaning as in the Interpretation Act 1978.(13)In the applicat ion of this sect

22、 ion to Scotland-“costs“ means expenses;“injunction“ means interdict. n8Insert the following new Clause一uConsultation and Parliamentary scrutiny,、 Before making regulations under section Power to make provision aboutinjunctions preventing access to locations on the internet the Secretary of Statemus

23、t consult-(a) the Lord President of the Court of Session and the Lord ChiefJustice of Northern Ireland,) the persons that the Secretary of State thinks likely to be affected bythe regulations (or persons who represent such persons), and(c) such other persons as the Secretary of State thinks fit., If

24、, following the consultation under subsection (1), the Secretary of Stateproposes to make regulations under section Power to make provision about.injunctions preventing access to locations on the internet, theSecretary of Statemust lay before Parliament a document that一 explains the proposal and set

25、s it out in the form of draft regulations,八、 explains the reasons why the Secretary of Stale is satisfied(b)inrelation to the matters listed in section Power to make provision abouti njunc t i ons pre ven t i ng access to locations on the internet) (a) to (c),and(c)contains a summary of any represen

26、tations made during theconsultation under subsection (1).(3)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

27、 effect to the proposal (with orwithout modifications). In preparing draft regulations under section Power to make provision abouti njunc t i ons pre ven t i ng access to locations on the internet to give effect to theproposal, the Secretary of State must hcive regard to any of the following that are made with regard to the draft regulations during the 60-day period一(a) any representations, and any recommendations of a committee of either House of Parliamentcharged with reporting on the draft regulations.When laying before Parliament a dr