The Copyright and Rights in Performances (Disability) Regulations 2014

Regulation 4

SCHEDULE CONSEQUENTIAL AMENDMENTS, REPEALS, REVOCATION AND SAVING PROVISIONS

Consequential amendments

1.  In section 27(6) of the 1988 Act (1)(meaning of infringing copy)—

(a) for the entry relating to section 31A(6) and (9), substitute—

“section 31A(5) and (6) (disabled persons: copies of works for personal use),”,

(b) for the entry relating to section 31B(9) and (10), substitute—

“section 31B(11) (making and supply of accessible copies by authorised bodies),”, and

(c) omit the entry relating to section 31C(2).

2.  In section 143 of the 1988 Act(2)—

(a) in subsection (1), omit paragraph (d), and

(b) in subsection (3), omit “, 74”.

3.  In section 179 of the 1988 Act (index of defined expressions for the purposes of Part 1 of the 1988 Act)(3)—

(a) for the entry in the table relating to “accessible copy”, substitute—

“accessible copy (in sections 31A to 31F)

section 31F(4)”,

(b) insert in alphabetical order in the table each of the following entries—

“authorised body (in sections 31B to 31BB)

section 31F(6)”

“disabled person (in sections 31A to 31F)

section 31F(2) and (3)”

“supply (in sections 31B to 31BB)

section 31F(7)”

and

(c) omit the references to “approved body” and “visually impaired person”.

4.  In section 197(5) of the 1988 Act (meaning of illicit recording)(4) insert in the proper place in the list—

“paragraph 3A(5) or (6) or 3B(10) (accessible copies of recordings made for disabled persons)”.

5.  In section 212 of the 1988 Act (index of defined expressions for the purposes of Part 2 of the 1988 Act)(5) insert in alphabetical order in the table each of the following entries—

“accessible copy (in paragraphs 3A to 3E of Schedule 2)

paragraph 3E(4) of Schedule 2”

“disabled person (in paragraphs 3A to 3E of Schedule 2)

paragraph 3E(2) and (3) of Schedule 2 ”.

6.  In Schedule 2A to the 1988 Act (licensing of performers’ rights), in paragraph 16(1)(6), omit “or 20” and “, provision of sub-titled copies of broadcast”.

7.—(1) Schedule 5A to the 1988 Act (permitted acts to which section 296ZE applies)(7) is amended as follows.

(2) In Part 1—

(a) in the entry relating to section 31A, for “(making a single accessible copy for personal use)”, substitute “(disabled persons: copies of works for personal use)”,

(b) in the entry relating to section 31B, for “(multiple copies for visually impaired persons)”, substitute “(making and supply of accessible copies by authorised bodies)”,

(c) for the entry relating to section 31C substitute—

“section 31BA (making and supply of intermediate copies by authorised bodies)”, and

(d) omit the entry relating to section 74.

(3) In Part 2—

(a) insert into the list in numerical order the following entries—

“paragraph 3A of Schedule 2 (disabled persons: copies of recordings for personal use)”,

“paragraph 3B of Schedule 2 (making and supply of accessible copies by authorised bodies) ”, and

“paragraph 3C of Schedule 2 (making and supply of intermediate copies by authorised bodies)”, and

(b) omit the entry relating to paragraph 20 of Schedule 2.

Repeals and revocations

8.  The enactments listed in column 1 of the Table are repealed or revoked to the extent specified in column 2.

Table

Enactment	Extent of repeal or revocation
The Copyright, Designs and Patents Act 1988	Sections 31C to 31E(8)
	Section 74
	Paragraph 20 of Schedule 2
The Copyright (Visually Impaired Persons) Act 2002(9)	The whole Act
The Copyright and Related Rights Regulations 2003(10)	Regulation 23
	Paragraph 22 of Schedule 1
The Performances (Moral Rights, etc.) Regulations 2006(11)	In paragraph 9(2) of the Schedule, the entry “paragraph 20(1) of Schedule 2”

Saving provisions

9.  Section 31F of the 1988 Act, as in force immediately before the commencement of these Regulations, continues to have effect for the purposes of regulation 26 of the Legal Deposit Libraries (Non-Print Works) Regulations 2013 (reader access to relevant material: visually impaired persons)(12).

(1)

Section 27(6) was amended by the Copyright (Visually Impaired Persons) Act 2002 (c.33), section 7; there are other amendments but none are relevant.

(2)

Section 143(1)(d) was amended by S.I. 2003/2498, Schedule 2.

(3)

Section 179 was amended by the Copyright (Visually Impaired Persons) Act 2002 (c.33), section 7; there are other amendments but none are relevant.

(4)

Section 197(5) was amended by S.I. 2003/2498, regulations 20(4) and Schedule 2, and S.I. 2006/18, paragraph 8 of the Schedule.

(5)

Section 212 was amended by S.I. 1995/3297, regulations 9(6) and 11(4), S.I.1996/2967, regulations 20(4) and 21(6), S.I. 2003/2498, Schedule 1, Part 1, paragraph 15(6) and Schedule 2, S.I.2006/18, paragraph 7 of the Schedule and S.I. 2006/1028, Schedule 2, paragraph 13.

(6)

Schedule 2A was inserted into the Act by the Copyright and Related Rights Regulations 1996 (S.I. 1996/2967), regs 4 and 22(2) and paragraph 16(1) was amended by the Copyright and Related Rights Regulations 2003 (2003/2498), regulation 2(1), Sch 1, Part 1, paras 1 and 17.

(7)

Schedule 5A was inserted into the Act by the Copyright and Related Rights Regulations 2003 (S.I. 2003/2498), regulations 3 and 24(2).

(8)

Sections 31C to 31E were inserted into the 1988 Act by sections 3 to 5 of the Copyright (Visually Impaired Persons) Act 2002 (c.33).

(9)

2002 c.33.

(10)

S.I. 2003/2498.

(11)

S.I. 2006/18.

(12)

S.I. 2013/777.