PART 3Savings, transitional and review provisions

Rights in performances

Review27

1

Before the end of each review period, the Secretary of State must—

a

carry out a review of regulations 4 to 26,

b

set out the conclusions of the review in a report, and

c

lay the report before Parliament.

2

In carrying out the review the Secretary of State must, so far as is reasonable, have regard to how the Directive (which is implemented by means of regulations 4 to 26) is implemented in other Member States and must in particular—

a

consider whether and if so, to what extent certain producers should be subject to the obligation to pay the annual payment referred to in section 191HB of the Act (as inserted by regulation 9) having regard to the provisions of Recital (12) of the Directive, and

b

consider whether to implement the provision set out in Article 10a, paragraph 2 of Directive 2006/116/EC5 as inserted by Article 1(4) of the Directive.

3

The report must in particular—

a

set out the objectives intended to be achieved by the regulatory system established by those regulations,

b

assess the extent to which those objectives are achieved, and

c

assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved with a system that imposes less regulation.

4

In this Regulation—

  • “Directive” means Directive 2011/77/EU6 of the European Parliament and of the Council of 27th September 2011 amending Directive 2006/116/EC on the term of protection of copyright and related rights;

  • “Review period” means—

    1. a

      the period of five years beginning with the day on which regulations 4 to 26 come into force, and

    2. b

      subject to paragraph (5), each successive period of five years.

5

If a report under this regulation is laid before Parliament before the last day of the review period to which it relates, the following review period is to begin with the day on which that report is laid.