Moved by
Viscount Camrose
242: Clause 138, page 172, line 18, after “provision” insert “for or”
Member’s explanatory statement
This amendment makes clear that regulations under section 106B(1) of the New Roads and Street Works Act 1991 (inserted by this clause) may make provision for, as well as provision in connection with, making information kept in the National Underground Asset Register available.
243: Clause 138, page 172, line 19, leave out from “available” to end of line 21
Member’s explanatory statement
This amendment is consequential on the next amendment to this clause in my name.
244: Clause 138, page 173, line 2, at end insert—
“(h) make provision for or in connection with the granting of licences by the Secretary of State in relation to any non-Crown IP rights that may exist in relation to information made available (including provision about the form of a licence and the terms and conditions of a licence);
(i) make provision for information to be made available for free or for a fee;
(j) make provision about the amounts of the fees, including provision for the amount of a fee to be an amount which is intended to exceed the cost of the things in respect of which the fee is charged;
(k) make provision about how funds raised by means of fees must or may be used, including provision for funds to be paid to persons who are required, by a provision of this Act, to enter information into NUAR.”
Member’s explanatory statement
This amendment moves provision about licensing and the charging of fees under regulations under section 106B of the New Roads and Street Works Act 1991 (inserted by this clause) into subsection (2) of that section; and makes it clear that those regulations will only provide for licensing in relation to non-Crown rights.
245: Clause 138, page 173, leave out lines 3 to 16
Member’s explanatory statement
This amendment is consequential on the previous amendment to this clause in my name.
246: Clause 138, page 173, line 24, at end insert—
“(6) In this section—
“database right” has the same meaning as in Part 3 of the Copyright and Rights in Databases Regulations 1997 (S.I. 1997/3032);
“non-Crown IP right” means any copyright, database right or other intellectual property right which is not owned by the Crown.”
Member’s explanatory statement
This amendment provides for definitions and is consequential on the amendment to this clause in my name making clear that regulations under section 106B of the New Roads and Street Works Act 1991 (inserted by this clause) will only provide for licensing in relation to non-Crown rights.