Moved by
Lord Ashton of Hyde
25D: Clause 15, page 18, line 16, at end insert—
“(2A) The Secretary of State may make regulations specifying, for the purposes of this Part, circumstances in which material is or is not to be regarded as made available on a commercial basis.
(2B) The regulations may, among other things, prescribe circumstances in which material made available free of charge is, or is not, to be regarded as made available on a commercial basis.
(2C) Regulations under subsection (2A) may provide for circumstances to be treated as existing where it is reasonable to assume that they exist.”
25E: Clause 15, page 18, line 17, leave out subsection (3)
25F: Clause 15, page 18, line 36, at end insert—
“( ) Regulations under subsection (2A) may make different provision for different purposes.
( ) Regulations under subsection (2A) are to be made by statutory instrument.
( ) A statutory instrument containing regulations under subsection (2A) is subject to annulment in pursuance of a resolution of either House of Parliament.
( ) But a statutory instrument containing the first regulations under that subsection may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”