8 ms·
You sure about that? If you look at s1(6) of the Retained EU Law Act [1]: > The revocation of an instrument by subsection (1) does not affect an amendment mad
by lawtalkinghuman 3y ago
You sure about that?
If you look at s1(6) of the Retained EU Law Act [1]:
> The revocation of an instrument by subsection (1) does not affect an amendment made by the instrument to any other enactment.
If you read the Explanatory Notes to the Commons Bill, it states this at paragraph 71 on page 11 [3]:
> Subsection (3) clarifies that any amendments made by EU-derived subordinate legislation and RDEUL are not within scope of subsection (1). For example, where an instrument made under section 2(2) ECA 19721 is revoked by the sunset, if that instrument amended primary legislation, the amendment in the primary legislation will be unaffected.
(Subsection 1(3) is now subsection 1(6) due to amendments, but the text of the subsection is unchanged.)
The Copyright and Related Rights Regulations 2003 amends the CDPA - and the particular clause you refer to has been inserted in to the CDPA as s28A. Were the regulation to cease to apply due to s1 of the Retained EU Law Act, it wouldn't matter because all it does is amend CDPA so falls within the amending exception.
As the Bill passed through Parliament, it was amended to require the Government to fully explicate all the legislation that would be affected and include it in a Schedule to the Bill. If you check the schedules, the CRR isn't on there.
The government have published a commented list of this schedule as an OpenDocument spreadsheet which gives a little more explanation of why they're repealing each particular one. [3] If you download it and CTRL-F for copyright, the only entry is the Artist's Resale Right (Amendment) Regulations 2009 which it lists as superseded by the 2011 regulations but not formally repealed.
The Retained EU Law Act is likely to have some important effects, and there are some important legal provisions like the Working TIme Directive and various bits of environmental law that will be going through the process in s1, but on copyright, it does nothing. Certainly not repealing s28A of CDPA.
[1] https://www.legislation.gov.uk/ukpga/2023/28/pdfs/ukpga_20230028_en.pdf https://www.legislation.gov.uk/ukpga/2023/28/pdfs/ukpga_2023... (it's not been HTML-ified yet...)
[2] https://publications.parliament.uk/pa/bills/cbill/58-03/0156/en/220156en.pdf https://publications.parliament.uk/pa/bills/cbill/58-03/0156...
[3] https://www.gov.uk/government/publications/schedule-of-retained-eu-law https://www.gov.uk/government/publications/schedule-of-retai...