My Lords, I join the noble Baroness in welcoming these regulations. I wish to raise with the Minister four concerns which have been
raised by PRS for Music. I am not sure whether he has had the benefit of its representations on these four points.
First, paragraph (2) of regulation 9 provides for information to be given within two weeks of receipt of the request. I understand that that time limit was not included in the consultation process. Does the Minister envisage that the ombudsman or the co-reviewer can extend that time limit if that is relevant to the particular inquiry for information that is made?
Secondly, paragraph (1) of regulation 9 can impose an obligation for information to be supplied “for any purpose”. That is an extremely wide provision and there is concern that this is hardly light-touch regulation. Does the Minister have any idea what constraints would be imposed on the requirement to supply information for any purpose?
My third issue is a fundamental one. Regulation 10 provides that penalties may be imposed on a licensing body itself. However, some of these licensing bodies will be voluntary, non-profit-making organisations owned by the members themselves. Therefore, the members would ultimately be liable for any penalties that may be imposed. However, the regulations are being introduced for the benefit of the members. What factors does the Secretary of State envisage taking into account in imposing any such penalties?
I think that my fourth concern is easily answered. There is a provision for fees to be charged to whichever relevant collective management organisation they are imposed on. There is a concern that it should be made clear that the fees should be charged only to a collective management organisation which is being targeted, rather than being spread more widely.