http://www.legislation.gov.uk/ukpga/2013/24/section/77Enterprise and Regulatory Reform Act 2013An Act to make provision about the UK Green Investment Bank; to make provision about employment law; to establish and make provision about the Competition and Markets Authority and to abolish the Competition Commission and the Office of Fair Trading; to amend the Competition Act 1998 and the Enterprise Act 2002; to make provision for the reduction of legislative burdens; to make provision about copyright and rights in performances; to make provision about payments to company directors; to make provision about redress schemes relating to lettings agency work and property management work; to make provision about the supply of customer data; to make provision for the protection of essential supplies in cases of insolvency; to make provision about certain bodies established by Royal Charter; to amend section 9(5) of the Equality Act 2010; and for connected purposes.texttext/xmlenStatute Law Database2025-08-19Expert Participation2025-08-20 Enterprise and Regulatory Reform Act 2013specified provision(s)The Enterprise and Regulatory Reform Act 2013 (Commencement No. 1, Transitional Provisions and Savings) (Amendment) Order 2013art. 2Enterprise and Regulatory Reform Act 2013specified provision(s)The Enterprise and Regulatory Reform Act 2013 (Commencement No. 8 and Saving Provisions) (Revocation) Order 2015art. 2 PART 6771The Copyright, Designs and Patents Act 1988 is amended as follows.2In section 116 (licensing schemes and licensing bodies) after subsection (4) insert—5Schedule A1 confers powers to provide for the regulation of licensing bodies.3After section 116 insert—116A1The Secretary of State may by regulations provide for the grant of licences in respect of works that qualify as orphan works under the regulations.2The regulations may—aspecify a person or a description of persons authorised to grant licences, orbprovide for a person designated in the regulations to specify a person or a description of persons authorised to grant licences3The regulations must provide that, for a work to qualify as an orphan work, it is a requirement that the owner of copyright in it has not been found after a diligent search made in accordance with the regulations.4The regulations may provide for the granting of licences to do, or authorise the doing of, any act restricted by copyright that would otherwise require the consent of the missing owner.5The regulations must provide for any licence—ato have effect as if granted by the missing owner;bnot to give exclusive rights;cnot to be granted to a person authorised to grant licences.6The regulations may apply to a work although it is not known whether copyright subsists in it, and references to a missing owner and a right or interest of a missing owner are to be read as including references to a supposed owner and a supposed right or interest.116B1The Secretary of State may by regulations provide for a licensing body that applies to the Secretary of State under the regulations to be authorised to grant copyright licences in respect of works in which copyright is not owned by the body or a person on whose behalf the body acts.2An authorisation must specify—athe types of work to which it applies, andbthe acts restricted by copyright that the licensing body is authorised to license.3The regulations must provide for the copyright owner to have a right to limit or exclude the grant of licences by virtue of the regulations.4The regulations must provide for any licence not to give exclusive rights.5In this section “copyright licences” has the same meaning as in section 116.6Nothing in this section applies in relation to Crown copyright or Parliamentary copyright.116C1This section and section 116D apply to regulations under sections 116A and 116B.2The regulations may provide for a body to be or remain authorised to grant licences only if specified requirements are met, and for a question whether they are met to be determined by a person, and in a manner, specified in the regulations.3The regulations may specify other matters to be taken into account in any decision to be made under the regulations as to whether to authorise a person to grant licences.4The regulations must provide for the treatment of any royalties or other sums paid in respect of a licence, including—athe deduction of administrative costs;bthe period for which sums must be held;cthe treatment of sums after that period (as bona vacantia or otherwise).5The regulations must provide for circumstances in which an authorisation to grant licences may be withdrawn, and for determining the rights and obligations of any person if an authorisation is withdrawn.6The regulations may include other provision for the purposes of authorisation and licensing, including in particular provision—afor 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 rights owner exercises the right referred to in section 116B(3), while a licence is in force;babout maintenance of registers and access to them;cpermitting the use of a work for incidental purposes including an application or search;dfor a right conferred by section 77 to be treated as having been asserted in accordance with section 78;efor the payment of fees to cover administrative expenses.116D1The power to make regulations includes power—ato make incidental, supplementary or consequential provision, including provision extending or restricting the jurisdiction of the Copyright Tribunal or conferring powers on it;bto make transitional, transitory or saving provision;cto make different provision for different purposes.2Regulations under any provision may amend this Part, or any other enactment or subordinate legislation passed or made before that provision comes into force, for the purpose of making consequential provision or extending or restricting the jurisdiction of the Copyright Tribunal or conferring powers on it.3Regulations may make provision by reference to guidance issued from time to time by any person.4The power to make regulations is exercisable by statutory instrument.5A statutory instrument containing regulations may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.4Schedule 22 (which inserts Schedule A1 to the Copyright, Designs and Patents Act 1988 and makes provision in relation to performers' rights corresponding to provision made by this section in relation to copyright) has effect.