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DIGITAL ECONOMY ACT 2010

UK Public General Acts

Version 26/05/2015

2010 CHAPTER 24

Default Geographical Extent: E+W+S+N.I.


  • OFCOM reports
  • Online infringement of copyright
  • Powers in relation to internet domain registries (P)
  • Channel Four Television Corporation
  • Independent television services
  • Independent radio services
  • Regulation of television and radio services
  • Access to electromagnetic spectrum
  • Video recordings
  • Copyright and performers' property rights: penalties
  • Public lending right
  • General
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  • Version 08/04/2010

Introductory Text

Digital Economy Act 2010

2010 CHAPTER 24

An Act to make provision about the functions of the Office of Communications; to make provision about the online infringement of copyright and about penalties for infringement of copyright and performers' rights; to make provision about internet domain registries; to make provision about the functions of the Channel Four Television Corporation; to make provision about the regulation of television and radio services; to make provision about the regulation of the use of the electromagnetic spectrum; to amend the Video Recordings Act 1984; to make provision about public lending right in relation to electronic publications; and for connected purposes.

[8th April 2010]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

OFCOM reports


1 OFCOM reports on infrastructure, internet domain names etc

(1) In Chapter 1 of Part 2 of the Communications Act 2003 (electronic communications networks and services) , after section 134 insert—

“Reports on infrastructure etc (E+W+S+N.I.)
134A OFCOM reports on infrastructure etc
(1) OFCOM must prepare reports in accordance with subsections (2) and (3) and each report must deal with—
(a) the electronic communications networks matters listed in section 134B(1) , and
(b) the electronic communications services matters listed in section 134B(2).
(2) The first report must—
(a) relate to the position on a day specified in the report which falls within the period of 12 months beginning with the day on which this section comes into force, and
(b) be sent to the Secretary of State by OFCOM not more than 2 months after the specified day.
(3) A further report must—
(a) be prepared for each relevant period, and
(b) be sent to the Secretary of State by OFCOM as soon as practicable after the end of the relevant period.
(4) “ Relevant period ” means—
(a) the period of 3 years beginning with the day specified in the first report, and
(b) each subsequent period of 3 years beginning with the end of the previous period.
(5) Where there is a significant change in connection with a matter listed in section 134B(1) or (2) and OFCOM consider that the change should be brought to the attention of the Secretary of State, OFCOM must—
(a) prepare a report on the change, and
(b) send it to the Secretary of State as soon as practicable.
(6) For the purposes of subsection (5) , a change is significant if OFCOM consider that it has, or is likely to have, a significant adverse impact on—
(a) persons carrying on business in the United Kingdom or a part of the United Kingdom, or
(b) the general public in the United Kingdom or a part of the United Kingdom.
(7) OFCOM must publish every report under this section—
(a) as soon as practicable after they send it to the Secretary of State, and
(b) in such manner as they consider appropriate for bringing it to the attention of persons who, in their opinion, are likely to have an interest in it.
(8) OFCOM may exclude information from a report when it is published under subsection (7) if they consider that it is information that they could refuse to disclose in response to a request under the Freedom of Information Act 2000.
134B Networks and services matters
(1) For the purposes of section 134A, the electronic communications networks matters are—
(a) the different types of electronic communications network provided in the United Kingdom (“ UK networks”) ,
(b) the geographic coverage of the different UK networks,
(c) the proportion of the population covered by the different UK networks,
(d) the extent to which UK networks share infrastructure,
(e) the capacity of the different UK networks,
(f) the extent to which the providers of the different UK networks allow other communications providers to use their networks to provide services,
(g) the amount of time for which the different UK networks are and are not available, including the steps that have been or are to be taken to maintain or improve the level of availability,
(h) the preparations made by providers of UK networks for responding to an emergency, including preparations for restoring normal operation of UK networks disrupted by the emergency, and
(i) the standard of the different UK networks in comparison with electronic communications networks provided in a range of other countries, having regard, in particular, to their coverage and capacity.
(2) For the purposes of section 134A, the electronic communications services matters are—
(a) the use of the electromagnetic spectrum for wireless telegraphy in the United Kingdom,
(b) the different types of electronic communications service provided in the United Kingdom (“UK services”) ,
(c) the geographic coverage of the different UK services,
(d) the proportion of the population covered by the different UK services,
(e) the amount of time for which the different UK services are and are not available, including the steps that have been or are to be taken to maintain or improve the level of availability,
(f) the preparations made by providers of UK services for responding to an emergency, including preparations for restoring normal operation of UK services disrupted by the emergency, and
(g) the standard of the different UK services in comparison with electronic communications services provided in a range of other countries.
(3) The preparations referred to in subsections (1) (h) and (2) (f) include—
(a) the steps taken to assess the risks of different types of emergency occurring,
(b) the steps taken to reduce or remove those risks, and
(c) the testing of proposed responses to different types of emergency.
(4) In a report under section 134A, OFCOM are required to include only information about, and analysis of, such networks, services and providers as they consider appropriate.
(5) In this section “ emergency ” means an event or situation that seriously disrupts a UK network or UK service.
Reports on internet domain names (E+W+S+N.I.)
134C OFCOM reports on internet domain names
(1) OFCOM must, if requested to do so by the Secretary of State—
(a) prepare a report on matters specified by the Secretary of State relating to internet domain names, and
(b) send the report to the Secretary of State as soon as practicable.
(2) The specified matters may, in particular, include matters relating to—
(a) the allocation and registration of internet domain names, and
(b) the misuse of internet domain names.
(3) OFCOM must publish every report under this section—
(a) as soon as practicable after they send it to the Secretary of State, and
(b) in such manner as they consider appropriate for bringing it to the attention of persons who, in their opinion, are likely to have an interest in it.
(4) OFCOM may exclude information from a report when it is published under subsection (3) if they consider that it is information that they could refuse to disclose in response to a request under the Freedom of Information Act 2000.”
(2) In section 135(3) of that Act (information required for purposes of Chapter 1 functions) , after paragraph (ib) insert—

“(ic) preparing a report under section 134A;
(id) preparing a report under section 134C;”.

2 OFCOM reports on media content

After section 264 of the Communications Act 2003 insert—

“264A OFCOM reports: wider review and reporting obligations
(1) When carrying out a review under section 264 for a period, OFCOM must also carry out a review of the extent to which material included in media services during that period (taken together over the period as a whole) contributed towards the fulfilment of the public service objectives.
(2) Every report under section 264 must—
(a) include a report on the matters found on the review under this section,
(b) specify, and comment on, whatever changes appear to OFCOM to have occurred, during the period to which the report relates, in the extent to which the public service objectives have been fulfilled,
(c) specify, and comment on, whatever changes appear to OFCOM to have occurred, during that period, in the manner in which those objectives are fulfilled, and
(d) set out OFCOM's conclusions on the current state of material included in media services.
(3) “The public service objectives” are the objectives set out in paragraphs (b) to (j) of section 264(6) (as modified by subsection (4) ).
(4) Paragraphs (b) to (j) of section 264(6) have effect for the purposes of subsection (3) as if—
(a) references to the relevant television services were to media services, and
(b) references to programmes were to material included in such services.
(5) In this section— “ material ” does not include advertisements; “ media services ” means any of the following services that are available to members of the public in all or part of the United Kingdom— (a) television and radio services, (b) on-demand programme services, and (c) other services provided by means of the internet where there is a person who exercises editorial control over the material included in the service.
(6) The services that are to be taken for the purposes of this section to be available to members of the public include any service which—
(a) is available for reception by members of the public (within the meaning of section 361) ; or
(b) is available for use by members of the public (within the meaning of section 368R(4) ).”

Online infringement of copyright


3 Obligation to notify subscribers of reported infringements

After section 124 of the Communications Act 2003 insert—

“Online infringement of copyright: obligations of internet service providers (E+W+S+N.I.)
124A Obligation to notify subscribers of copyright infringement reports
(1) This section applies if it appears to a copyright owner that—
(a) a subscriber to an internet access service has infringed the owner's copyright by means of the service; or
(b) a subscriber to an internet access service has allowed another person to use the service, and that other person has infringed the owner's copyright by means of the service.
(2) The owner may make a copyright infringement report to the internet service provider who provided the internet access service if a code in force under section 124C or 124D (an “initial obligations code”) allows the owner to do so.
(3) A “copyright infringement report” is a report that—
(a) states that there appears to have been an infringement of the owner's copyright;
(b) includes a description of the apparent infringement;
(c) includes evidence of the apparent infringement that shows the subscriber's IP address and the time at which the evidence was gathered;
(d) is sent to the internet service provider within the period of 1 month beginning with the day on which the evidence was gathered; and
(e) complies with any other requirement of the initial obligations code.
(4) An internet service provider who receives a copyright infringement report must notify the subscriber of the report if the initial obligations code requires the provider to do so.
(5) A notification under subsection (4) must be sent to the subscriber within the period of 1 month beginning with the day on which the provider receives the report.
(6) A notification under subsection (4) must include—
(a) a statement that the notification is sent under this section in response to a copyright infringement report;
(b) the name of the copyright owner who made the report;
(c) a description of the apparent infringement;
(d) evidence of the apparent infringement that shows the subscriber's IP address and the time at which the evidence was gathered;
(e) information about subscriber appeals and the grounds on which they may be made;
(f) information about copyright and its purpose;
(g) advice, or information enabling the subscriber to obtain advice, about how to obtain lawful access to copyright works;
(h) advice, or information enabling the subscriber to obtain advice, about steps that a subscriber can take to protect an internet access service from unauthorised use; and
(i) anything else that the initial obligations code requires the notification to include.
(7) For the purposes of subsection (6) (h) the internet service provider must take into account the suitability of different protection for subscribers in different circumstances.
(8) The things that may be required under subsection (6) (i) , whether in general or in a particular case, include in particular—
(a) a statement that information about the apparent infringement may be kept by the internet service provider;
(b) a statement that the copyright owner may require the provider to disclose which copyright infringement reports made by the owner to the provider relate to the subscriber;
(c) a statement that, following such a disclosure, the copyright owner may apply to a court to learn the subscriber's identity and may bring proceedings against the subscriber for copyright infringement; and
(d) where the requirement for the provider to send the notification arises partly because of a report that has already been the subject of a notification under subsection (4) , a statement that the number of copyright infringement reports relating to the subscriber may be taken into account for the purposes of any technical measures.
(9) In this section “ notify ”, in relation to a subscriber, means send a notification to the electronic or postal address held by the internet service provider for the subscriber (and sections 394 to 396 do not apply).”

4 Obligation to provide infringement lists to copyright owners

After section 124A of the Communications Act 2003 insert—

“124B Obligation to provide copyright infringement lists to copyright owners
(1) An internet service provider must provide a copyright owner with a copyright infringement list for a period if—
(a) the owner requests the list for that period; and
(b) an initial obligations code requires the internet service provider to provide it.
(2) A “copyright infringement list” is a list that—
(a) sets out, in relation to each relevant subscriber, which of the copyright infringement reports made by the owner to the provider relate to the subscriber, but
(b) does not enable any subscriber to be identified.
(3) A subscriber is a “ relevant subscriber ” in relation to a copyright owner and an internet service provider if copyright infringement reports made by the owner to the provider in relation to the subscriber have reached the threshold set in the initial obligations code.”

5 Approval of code about the initial obligations

After section 124B of the Communications Act 2003 insert—

“124C Approval of code about the initial obligations
(1) The obligations of internet service providers under sections 124A and 124B are the “initial obligations”.
(2) If it appears to OFCOM—
(a) that a code has been made by any person for the purpose of regulating the initial obligations; and
(b) that it would be appropriate for them to approve the code for that purpose,
they may by order approve it, with effect from the date given in the order.
(3) The provision that may be contained in a code and approved under this section includes provision that—
(a) specifies conditions that must be met for rights and obligations under the copyright infringement provisions or the code to apply in a particular case;
(b) requires copyright owners or internet service providers to provide any information or assistance that is reasonably required to determine whether a condition under paragraph (a) is met.
(4) The provision mentioned in subsection (3) (a) may, in particular, specify that a right or obligation does not apply in relation to a copyright owner unless the owner has made arrangements with an internet service provider regarding—
(a) the number of copyright infringement reports that the owner may make to the provider within a particular period; and
(b) payment in advance of a contribution towards meeting costs incurred by the provider.
(5) The provision mentioned in subsection (3) (a) may also, in particular, provide that—
(a) except as provided by the code, rights and obligations do not apply in relation to an internet service provider unless the number of copyright infringement reports the provider receives within a particular period reaches a threshold set in the code; and
(b) if the threshold is reached, rights or obligations apply with effect from the date when it is reached or from a later time.
(6) OFCOM must not approve a code under this section unless satisfied that it meets the criteria set out in section 124E.
(7) Not more than one approved code may have effect at a time.
(8) OFCOM must keep an approved code under review.
(9) OFCOM may by order, at any time, for the purpose mentioned in subsection (2) —
(a) approve modifications that have been made to an approved code; or
(b) withdraw their approval from an approved code,
with effect from the date given in the order, and must do so if the code ceases to meet the criteria set out in section 124E.
(10) The consent of the Secretary of State is required for the approval of a code or the modification of an approved code.
(11) An order made by OFCOM under this section approving a code or modification must set out the code or modification.
(12) Section 403 applies to the power of OFCOM to make an order under this section.
(13) A statutory instrument containing an order made by OFCOM under this section is subject to annulment in pursuance of a resolution of either House of Parliament.”

6 Initial obligations code by OFCOM in the absence of an approved code

After section 124C of the Communications Act 2003 insert—

“124D Initial obligations code by OFCOM in the absence of an approved code
(1) For any period when sections 124A and 124B are in force but for which there is no approved initial obligations code under section 124C, OFCOM must by order make a code for the purpose of regulating the initial obligations.
(2) OFCOM may but need not make a code under subsection (1) for a time before the end of—
(a) the period of six months beginning with the day on which sections 124A and 124B come into force, or
(b) such longer period as the Secretary of State may specify by notice to OFCOM.
(3) The Secretary of State may give a notice under subsection (2) (b) only if it appears to the Secretary of State that it is not practicable for OFCOM to make a code with effect from the end of the period mentioned in subsection (2) (a) or any longer period for the time being specified under subsection (2) (b).
(4) A code under this section may do any of the things mentioned in section 124C(3) to (5).
(5) A code under this section may also—
(a) confer jurisdiction with respect to any matter (other than jurisdiction to determine appeals by subscribers) on OFCOM themselves;
(b) provide for OFCOM, in exercising such jurisdiction, to make awards of compensation, to direct the reimbursement of costs, or to do both;
(c) provide for OFCOM to enforce, or to participate in the enforcement of, any awards or directions made under the code;
(d) make other provision for the enforcement of such awards and directions;
(e) establish a body corporate, with the capacity to make its own rules and establish its own procedures, for the purpose of determining subscriber appeals;
(f) provide for a person with the function of determining subscriber appeals to enforce, or to participate in the enforcement of, any awards or directions made by the person;
(g) make other provision for the enforcement of such awards and directions; and
(h) make other provision for the purpose of regulating the initial obligations.
(6) OFCOM must not make a code under this section unless they are satisfied that it meets the criteria set out in section 124E.
(7) OFCOM must—
(a) keep a code under this section under review; and
(b) by order make any amendment of it that is necessary to ensure that while it is in force it continues to meet the criteria set out in section 124E.
(8) The consent of the Secretary of State is required for the making or amendment by OFCOM of a code under this section.
(9) Section 403 applies to the power of OFCOM to make an order under this section.
(10) A statutory instrument containing an order made by OFCOM under this section is subject to annulment in pursuance of a resolution of either House of Parliament.”

7 Contents of initial obligations code

After section 124D of the Communications Act 2003 insert—

“124E Contents of initial obligations code
(1) The criteria referred to in sections 124C(6) and 124D(6) are—
(a) that the code makes the required provision about copyright infringement reports (see subsection (2) ) ;
(b) that it makes the required provision about the notification of subscribers (see subsections (3) and (4) ) ;
(c) that it sets the threshold applying for the purposes of determining who is a relevant subscriber within the meaning of section 124B(3) (see subsections (5) and (6) ) ;
(d) that it makes provision about how internet service providers are to keep information about subscribers;
(e) that it limits the time for which they may keep that information;
(f) that it makes any provision about contributions towards meeting costs that is required to be included by an order under section 124M;
(g) that the requirements concerning administration and enforcement are met in relation to the code (see subsections (7) and (8) ) ;
(h) that the requirements concerning subscriber appeals are met in relation to the code (see section 124K) ;
(i) that the provisions of the code are objectively justifiable in relation to the matters to which it relates;
(j) that those provisions are not such as to discriminate unduly against particular persons or against a particular description of persons;
(k) that those provisions are proportionate to what they are intended to achieve; and
(l) that, in relation to what those provisions are intended to achieve, they are transparent.
(2) The required provision about copyright infringement reports is provision that specifies—
(a) requirements as to the means of obtaining evidence of infringement of copyright for inclusion in a report;
(b) the standard of evidence that must be included; and
(c) the required form of the report.
(3) The required provision about the notification of subscribers is provision that specifies, in relation to a subscriber in relation to whom an internet service provider receives one or more copyright infringement reports—
(a) requirements as to the means by which the provider identifies the subscriber;
(b) which of the reports the provider must notify the subscriber of; and
(c) requirements as to the form, contents and means of the notification in each case.
(4) The provision mentioned in subsection (3) must not permit any copyright infringement report received by an internet service provider more than 12 months before the date of a notification of a subscriber to be taken into account for the purposes of the notification.
(5) The threshold applying in accordance with subsection (1) (c) may, subject to subsection (6) , be set by reference to any matter, including in particular one or more of—
(a) the number of copyright infringement reports;
(b) the time within which the reports are made; and
(c) the time of the apparent infringements to which they relate.
(6) The threshold applying in accordance with subsection (1) (c) must operate in such a way that a copyright infringement report received by an internet service provider more than 12 months before a particular date does not affect whether the threshold is met on that date; and a copyright infringement list provided under section 124B must not take into account any such report.
(7) The requirements concerning administration and enforcement are—
(a) that OFCOM have, under the code, the functions of administering and enforcing it, including the function of resolving owner-provider disputes;
(b) that there are adequate arrangements under the code for OFCOM to obtain any information or assistance from internet service providers or copyright owners that OFCOM reasonably require for the purposes of administering and enforcing the code; and
(c) that there are adequate arrangements under the code for the costs incurred by OFCOM in administering and enforcing the code to be met by internet service providers and copyright owners.
(8) The provision mentioned in subsection (7) may include, in particular—
(a) provision for the payment, to a person specified in the code, of a penalty not exceeding the maximum penalty for the time being specified in section 124L(2) ;
(b) provision requiring a copyright owner to indemnify an internet service provider for any loss or damage resulting from the owner's failure to comply with the code or the copyright infringement provisions.
(9) In this section “ owner-provider dispute ” means a dispute that—
(a) is between persons who are copyright owners or internet service providers; and
(b) relates to an act or omission in relation to an initial obligation or an initial obligations code.”

8 Progress reports

After section 124E of the Communications Act 2003 insert—

“124F Progress reports
(1) OFCOM must prepare the following reports for the Secretary of State about the infringement of copyright by subscribers to internet access services.
(2) OFCOM must prepare a full report for—
(a) the period of 12 months beginning with the first day on which there is an initial obligations code in force; and
(b) each successive period of 12 months.
(3) OFCOM must prepare an interim report for—
(a) the period of 3 months beginning with the first day on which there is an initial obligations code in force; and
(b) each successive period of 3 months, other than one ending at the same time as a period of 12 months under subsection (2).
But this is subject to any direction by the Secretary of State under subsection (4).
(4) The Secretary of State may direct that subsection (3) no longer applies, with effect from the date given in the direction.
(5) A full report under this section must include—
(a) an assessment of the current level of subscribers' use of internet access services to infringe copyright;
(b) a description of the steps taken by copyright owners to enable subscribers to obtain lawful access to copyright works;
(c) a description of the steps taken by copyright owners to inform, and change the attitude of, members of the public in relation to the infringement of copyright;
(d) an assessment of the extent of the steps mentioned in paragraphs (b) and (c) ;
(e) an assessment of the extent to which copyright owners have made copyright infringement reports;
(f) an assessment of the extent to which they have brought legal proceedings against subscribers in relation to whom such reports have been made;
(g) an assessment of the extent to which any such proceedings have been against subscribers in relation to whom a substantial number of reports have been made; and
(h) anything else that the Secretary of State directs OFCOM to include in the report.
(6) An interim report under this section must include—
(a) the assessments mentioned in subsection (5) (a) , (e) and (f) ; and
(b) anything else that the Secretary of State directs OFCOM to include in the report.
(7) OFCOM must send a report prepared under this section to the Secretary of State as soon as practicable after the end of the period for which it is prepared.
(8) OFCOM must publish every full report under this section—
(a) as soon as practicable after they send it to the Secretary of State, and
(b) in such manner as they consider appropriate for bringing it to the attention of persons who, in their opinion, are likely to have an interest in it.
(9) OFCOM may exclude information from a report when it is published under subsection (8) if they consider that it is information that they could refuse to disclose in response to a request under the Freedom of Information Act 2000.”

9 Obligations to limit internet access: assessment and preparation

After section 124F of the Communications Act 2003 insert—

“124G Obligations to limit internet access: assessment and preparation
(1) The Secretary of State may direct OFCOM to—
(a) assess whether one or more technical obligations should be imposed on internet service providers;
(b) take steps to prepare for the obligations;
(c) provide a report on the assessment or steps to the Secretary of State.
(2) A “ technical obligation ”, in relation to an internet service provider, is an obligation for the provider to take a technical measure against some or all relevant subscribers to its service for the purpose of preventing or reducing infringement of copyright by means of the internet.
(3) A “technical measure” is a measure that—
(a) limits the speed or other capacity of the service provided to a subscriber;
(b) prevents a subscriber from using the service to gain access to particular material, or limits such use;
(c) suspends the service provided to a subscriber; or
(d) limits the service provided to a subscriber in another way.
(4) A subscriber to an internet access service is “relevant” if the subscriber is a relevant subscriber, within the meaning of section 124B(3) , in relation to the provider of the service and one or more copyright owners.
(5) The assessment and steps that the Secretary of State may direct OFCOM to carry out or take under subsection (1) include, in particular—
(a) consultation of copyright owners, internet service providers, subscribers or any other person;
(b) an assessment of the likely efficacy of a technical measure in relation to a particular type of internet access service; and
(c) steps to prepare a proposed technical obligations code.
(6) Internet service providers and copyright owners must give OFCOM any assistance that OFCOM reasonably require for the purposes of complying with any direction under this section.
(7) The Secretary of State must lay before Parliament any direction under this section.
(8) OFCOM must publish every report under this section—
(a) as soon as practicable after they send it to the Secretary of State, and
(b) in such manner as they consider appropriate for bringing it to the attention of persons who, in their opinion, are likely to have an interest in it.
(9) OFCOM may exclude information from a report when it is published under subsection (8) if they consider that it is information that they could refuse to disclose in response to a request under the Freedom of Information Act 2000.”

10 Obligations to limit internet access

After section 124G of the Communications Act 2003 insert—

“124H Obligations to limit internet access
(1) The Secretary of State may by order impose a technical obligation on internet service providers if—
(a) OFCOM have assessed whether one or more technical obligations should be imposed on internet service providers; and
(b) taking into account that assessment, reports prepared by OFCOM under section 124F, and any other matter that appears to the Secretary of State to be relevant, the Secretary of State considers it appropriate to make the order.
(2) No order may be made under this section within the period of 12 months beginning with the first day on which there is an initial obligations code in force.
(3) An order under this section must specify the date from which the technical obligation is to have effect, or provide for it to be specified.
(4) The order may also specify—
(a) the criteria for taking the technical measure concerned against a subscriber;
(b) the steps to be taken as part of the measure and when they are to be taken.
(5) No order is to be made under this section unless—
(a) the Secretary of State has complied with subsections (6) to (10) , and
(b) a draft of the order has been laid before Parliament and approved by a resolution of each House.
(6) If the Secretary of State proposes to make an order under this section, the Secretary of State must lay before Parliament a document that—
(a) explains the proposal, and
(b) sets it out in the form of a draft order.
(7) During the period of 60 days beginning with the day on which the document was laid under subsection (6) (“the 60-day period”) , the Secretary of State may not lay before Parliament a draft order to give effect to the proposal (with or without modifications).
(8) In preparing a draft order under this section to give effect to the proposal, the Secretary of State must have regard to any of the following that are made with regard to the draft order during the 60-day period—
(a) any representations, and
(b) any recommendations of a committee of either House of Parliament charged with reporting on the draft order.
(9) When laying before Parliament a draft order to give effect to the proposal (with or without modifications) , the Secretary of State must also lay a document that explains any changes made to the proposal contained in the document laid before Parliament under subsection (6).
(10) In calculating the 60-day period, no account is to be taken of any time during which Parliament is dissolved or prorogued or during which either House is adjourned for more than 4 days.”

11 Code by OFCOM about obligations to limit internet access

After section 124H of the Communications Act 2003 insert—

“124I Code by OFCOM about obligations to limit internet access
(1) For any period during which there are one or more technical obligations in force under section 124H, OFCOM must by order make a technical obligations code for the purpose of regulating those obligations.
(2) The code may be made separately from, or in combination with, any initial obligations code under section 124D.
(3) A code under this section may—
(a) do any of the things mentioned in section 124C(3) to (5) or section 124D(5) (a) to (g) ; and
(b) make other provision for the purpose of regulating the technical obligations.
(4) OFCOM must not make a code under this section unless they are satisfied that it meets the criteria set out in section 124J.
(5) OFCOM must—
(a) keep a code under this section under review; and
(b) by order make any amendment of it that is necessary to ensure that while it is in force it continues to meet the criteria set out in section 124J.
(6) The consent of the Secretary of State is required for the making or amendment by OFCOM of a code under this section.
(7) Section 403 applies to the power of OFCOM to make an order under this section.
(8) A statutory instrument containing an order made by OFCOM under this section is subject to annulment in pursuance of a resolution of either House of Parliament.”

12 Contents of code about obligations to limit internet access

After section 124I of the Communications Act 2003 insert—

“124J Contents of code about obligations to limit internet access
(1) The criteria referred to in section 124I(4) are—
(a) that the requirements concerning enforcement and related matters are met in relation to the code (see subsections (2) and (3) ) ;
(b) that the requirements concerning subscriber appeals are met in relation to the code (see section 124K) ;
(c) that it makes any provision about contributions towards meeting costs that is required to be included by an order under section 124M;
(d) that it makes any other provision that the Secretary of State requires it to make;
(e) that the provisions of the code are objectively justifiable in relation to the matters to which it relates;
(f) that those provisions are not such as to discriminate unduly against particular persons or against a particular description of persons;
(g) that those provisions are proportionate to what they are intended to achieve; and
(h) that, in relation to what those provisions are intended to achieve, they are transparent.
(2) The requirements concerning enforcement and related matters are—
(a) that OFCOM have, under the code, the functions of administering and enforcing it, including the function of resolving owner-provider disputes;
(b) that there are adequate arrangements under the code for OFCOM to obtain any information or assistance from internet service providers or copyright owners that OFCOM reasonably require for the purposes of administering and enforcing the code; and
(c) that there are adequate arrangements under the code for the costs incurred by OFCOM in administering and enforcing the code to be met by internet service providers and copyright owners.
(3) The provision made concerning enforcement and related matters may also (unless the Secretary of State requires otherwise) include, in particular—
(a) provision for the payment, to a person specified in the code, of a penalty not exceeding the maximum penalty for the time being specified in section 124L(2) ;
(b) provision requiring a copyright owner to indemnify an internet service provider for any loss or damage resulting from the owner's infringement or error in relation to the code or the copyright infringement provisions.
(4) In this section “ owner-provider dispute ” means a dispute that—
(a) is between persons who are copyright owners or internet service providers; and
(b) relates to an act or omission in relation to a technical obligation or a technical obligations code.”