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Employment Law

Criminal Law

Case Law (Common Law)

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Section 13B

Duration of copyright in films

(1)The following provisions have effect with respect to the duration of copyright in a film.

(2)Copyright expires at the end of the period of 70 years from the end of the calendar year in which the death occurs of the last to die of the following persons—

(a)the principal director,

(b)the author of the screenplay,

(c)the author of the dialogue, or

(d)the composer of music specially created for and used in the film;

subject as follows.

(3)If the identity of one or more of the persons referred to in subsection (2)(a) to (d) is known and the identity of one or more others is not, the reference in that subsection to the death of the last of them to die shall be construed as a reference to the death of the last whose identity is known.

(4)If the identity of the persons referred to in subsection (2)(a) to (d) is unknown, copyright expires at—

(a)the end of the period of 70 years from the end of the calendar year in which the film was made, or

(b)if during that period the film is made available to the public, at the end of the period of 70 years from the end of the calendar year in which it is first so made available.

Source = Legislation.Gov

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Section 30

Criticism, review and news reporting.

(1)Fair dealing with a work for the purpose of criticism or review, of that or another work or of a performance of a work, does not infringe any copyright in the work provided that it is accompanied by a sufficient acknowledgement [F1 and provided that the work has been made available to the public].

[F2(1A)For the purposes of subsection (1) a work has been made available to the public if it has been made available by any means, including—

(a)the issue of copies to the public;

(b)making the work available by means of an electronic retrieval system;

(c)the rental or lending of copies of the work to the public;

(d)the performance, exhibition, playing or showing of the work in public;

(e)the communication to the public of the work,

but in determining generally for the purposes of that subsection whether a work has been made available to the public no account shall be taken of any unauthorised act.]

(2)Fair dealing with a work (other than a photograph) for the purpose of reporting current events does not infringe any copyright in the work provided that (subject to subsection (3)) it is accompanied by a sufficient acknowledgement.

(3)No acknowledgement is required in connection with the reporting of current events by means of a sound recording, film [F3 or broadcast where this would be impossible for reasons of practicality or otherwise].

Source = Legislation.Gov

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Section 30A (Not Yet Updated)

Caricature, parody or pastiche

(1) Fair dealing with a work for the purposes of caricature, parody or pastiche does not infringe copyright in the work.

(2) To the extent that a term of a contract purports to prevent or restrict the doing of any act which, by virtue of this section, would not infringe copyright, that term is unenforceable.

Source = Legislation.Gov

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Section 5

Parody

(1) After section 30 (Copyright, Designs and Patents Act 1988)insert—
“30A    Caricature, parody or pastiche

(1) Fair dealing with a work for the purposes of caricature, parody or pastiche does not infringe copyright in the work.

(2) To the extent that a term of a contract purports to prevent or restrict the doing of any act which, by virtue of this section, would not infringe copyright, that term is unenforceable.”

(2) In Schedule 2, after paragraph 2 insert—
“Caricature, parody or pastiche

2A.—(1) Fair dealing with a performance or a recording of a performance for the purposes of caricature, parody or pastiche does not infringe the rights conferred by this Chapter in the performance or recording.

(2) To the extent that a term of a contract purports to prevent or restrict the doing of any act which, by virtue of this paragraph, would not infringe any right conferred by this Chapter, that term is unenforceable.

(3) Expressions used in this paragraph have the same meaning as in section 30A.”.

SOURCE = Legislation.Gov

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Section 7

Right of access to personal data

(1)Subject to the following provisions of this section and to [F1sections 8, 9 and 9A], an individual is entitled—

(a)to be informed by any data controller whether personal data of which that individual is the data subject are being processed by or on behalf of that data controller,

(b)if that is the case, to be given by the data controller a description of—

(i)the personal data of which that individual is the data subject,

(ii)the purposes for which they are being or are to be processed, and

(iii)the recipients or classes of recipients to whom they are or may be disclosed,

(c)to have communicated to him in an intelligible form—

(i)the information constituting any personal data of which that individual is the data subject, and

(ii)any information available to the data controller as to the source of those data, and

(d)where the processing by automatic means of personal data of which that individual is the data subject for the purpose of evaluating matters relating to him such as, for example, his performance at work, his creditworthiness, his reliability or his conduct, has constituted or is likely to constitute the sole basis for any decision significantly affecting him, to be informed by the data controller of the logic involved in that decision-taking.

(2)A data controller is not obliged to supply any information under subsection (1) unless he has received—

(a)a request in writing, and

(b)except in prescribed cases, such fee (not exceeding the prescribed maximum) as he may require.

[F2(3)Where a data controller—

(a)reasonably requires further information in order to satisfy himself as to the identity of the person making a request under this section and to locate the information which that person seeks, and

(b)has informed him of that requirement,

the data controller is not obliged to comply with the request unless he is supplied with that further information.]

(4)Where a data controller cannot comply with the request without disclosing information relating to another individual who can be identified from that information, he is not obliged to comply with the request unless—

(a)the other individual has consented to the disclosure of the information to the person making the request, or

(b)it is reasonable in all the circumstances to comply with the request without the consent of the other individual.

(5)In subsection (4) the reference to information relating to another individual includes a reference to information identifying that individual as the source of the information sought by the request; and that subsection is not to be construed as excusing a data controller from communicating so much of the information sought by the request as can be communicated without disclosing the identity of the other individual concerned, whether by the omission of names or other identifying particulars or otherwise.

(6)In determining for the purposes of subsection (4)(b) whether it is reasonable in all the circumstances to comply with the request without the consent of the other individual concerned, regard shall be had, in particular, to—

(a)any duty of confidentiality owed to the other individual,

(b)any steps taken by the data controller with a view to seeking the consent of the other individual,

(c)whether the other individual is capable of giving consent, and

(d)any express refusal of consent by the other individual.

(7)An individual making a request under this section may, in such cases as may be prescribed, specify that his request is limited to personal data of any prescribed description.

(8)Subject to subsection (4), a data controller shall comply with a request under this section promptly and in any event before the end of the prescribed period beginning with the relevant day.

(9)If a court is satisfied on the application of any person who has made a request under the foregoing provisions of this section that the data controller in question has failed to comply with the request in contravention of those provisions, the court may order him to comply with the request.

SOURCE = Legislation.gov

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Part 4 – Licensing of TV Reception

Section 363

Licence required for use of TV receiver

(1)A television receiver must not be installed or used unless the installation and use of the receiver is authorised by a licence under this Part.

(2)A person who installs or uses a television receiver in contravention of subsection (1) is guilty of an offence.

(3)A person with a television receiver in his possession or under his control who—

(a)intends to install or use it in contravention of subsection (1), or

(b)knows, or has reasonable grounds for believing, that another person intends to install or use it in contravention of that subsection,

is guilty of an offence.

(4)A person guilty of an offence under this section shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(5)Subsection (1) is not contravened by anything done in the course of the business of a dealer in television receivers solely for one or more of the following purposes—

(a)installing a television receiver on delivery;

(b)demonstrating, testing or repairing a television receiver.

(6)The Secretary of State may by regulations exempt from the requirement of a licence under subsection (1) the installation or use of television receivers—

(a)of such descriptions,

(b)by such persons,

(c)in such circumstances, and

(d)for such purposes,

as may be provided for in the regulations.

(7)Regulations under subsection (6) may make any exemption for which such regulations provide subject to compliance with such conditions as may be specified in the regulations.

Section 364

TV licences

(1)A licence for the purposes of section 363 (“a TV licence”)—

(a)may be issued by the BBC subject to such restrictions and conditions as the BBC think fit; and

(b)must be issued subject to such restrictions and conditions as the Secretary of State may require by a direction to the BBC.

(2)The matters to which the restrictions and conditions subject to which a TV licence may be issued may relate include, in particular—

(a)the description of television receivers that may be installed and used under the licence;

(b)the persons authorised by the licence to install and use a television receiver;

(c)the places where the installation and use of the television receiver is authorised by the licence;

(d)the circumstances in which the installation and use of such a receiver is so authorised;

(e)the purposes for which the installation and use of such a receiver is so authorised;

(f)the use of such receiver in a manner that causes, or may cause, interference (within the meaning of the Wireless Telegraphy Act 1949 (c. 54)) with wireless telegraphy.

(3)The restrictions and conditions subject to which a TV licence may be issued do not include—

(a)a provision conferring a power of entry to any premises; or

(b)a provision prohibited by a direction to the BBC by the Secretary of State.

(4)A TV licence shall continue in force, unless previously revoked by the BBC, for such period as may be specified in the licence.

(5)The BBC may revoke or modify a TV licence, or the restrictions or conditions of such a licence—

(a)by a notice to the holder of the licence; or

(b)by a general notice published in such manner as may be specified in the licence.

(6)It shall be the duty of the BBC to exercise their power under subsection (5) to revoke or modify a TV licence, or any of its restrictions or conditions, if they are directed to do so by the Secretary of State.

(7)A direction by the Secretary of State under this section may be given either generally in relation to all TV licences (or all TV licences of a particular description) or in relation to a particular licence.

(8)A notice under subsection (5)(a) must be given—

(a)in the manner specified in the licence; or

(b)if no manner of service is so specified, in the manner authorised by section 394.

(9)For the purposes of the application, in relation to the giving of such a notice, of—

(a)section 394; and

(b)section 7 of the Interpretation Act 1978 (c. 30) (service by post) in its application for the purposes of that section,

a person’s proper address is any address where he is authorised by a TV licence to install or use a TV receiver or, if there is no such address, his last known address.

Section 365

TV licence fees

(1)A person to whom a TV licence is issued shall be liable to pay—

(a)on the issue of the licence (whether initially or by way of renewal), and

(b)in such other circumstances as regulations made by the Secretary of State may provide,

such sum (if any) as may be provided for by any such regulations.

(2)Sums which a person is liable to pay by virtue of regulations under subsection (1) must be paid to the BBC and are to be recoverable by them accordingly.

(3)The BBC are entitled, in such cases as they may determine, to make refunds of sums received by them by virtue of regulations under this section.

(4)Regulations under this section may include provision—

(a)for the means by which an entitlement to a concession must be established; and

(b)for the payment of sums by means of an instalment scheme set out in the regulations.

(5)The reference to a concession in subsection (4) is a reference to any concession under which a person is, on the satisfaction of specified requirements—

(a)exempted from the liability to pay a sum in respect of a TV licence; or

(b)required to pay only a reduced sum in respect of such a licence.

(6)The consent of the Treasury shall be required for the making of any regulations under this section by the Secretary of State.

(7)Subject to subsection (8), sums received by the BBC by virtue of any regulations under this section must be paid into the Consolidated Fund.

(8)The BBC may retain, out of the sums received by them by virtue of regulations under this section, any sums they require for making refunds of sums so received.

Section 366

Powers to enforce TV licensing

(1)If a justice of the peace, a sheriff in Scotland or a lay magistrate in Northern Ireland is satisfied by information on oath that there are reasonable grounds for believing—

(a)that an offence under section 363 has been or is being committed,

(b)that evidence of the commission of the offence is likely to be on premises specified in the information, or in a vehicle so specified, and

(c)that one or more of the conditions set out in subsection (3) is satisfied,

he may grant a warrant under this section.

(2)A warrant under this section is a warrant authorising any one or more persons authorised for the purpose by the BBC or by OFCOM—

(a)to enter the premises or vehicle at any time (either alone or in the company of one or more constables); and

(b)to search the premises or vehicle and examine and test any television receiver found there.

(3)Those conditions are—

(a)that there is no person entitled to grant entry to the premises or vehicle with whom it is practicable to communicate;

(b)that there is no person entitled to grant access to the evidence with whom it is practicable to communicate;

(c)that entry to the premises or vehicle will not be granted unless a warrant is produced;

(d)that the purpose of the search may be frustrated or seriously prejudiced unless the search is carried out by a person who secures entry immediately upon arriving at the premises or vehicle.

(4)A person is not to enter premises or a vehicle in pursuance of a warrant under this section at any time more than one month after the day on which the warrant was granted.

(5)The powers conferred by a warrant under this section on a person authorised by OFCOM are exercisable in relation only to a contravention or suspected contravention of a condition of a TV licence relating to interference with wireless telegraphy.

(6)A person authorised by the BBC, or by OFCOM, to exercise a power conferred by a warrant under this section may (if necessary) use such force as may be reasonable in the exercise of that power.

(7)Where a person has the power by virtue of a warrant under this section to examine or test any television receiver found on any premises, or in any vehicle, it shall be the duty—

(a)of a person who is on the premises or in the vehicle, and

(b)in the case of a vehicle, of a person who has charge of it or is present when it is searched,

to give the person carrying out the examination or test all such assistance as that person may reasonably require for carrying it out.

(8)A person is guilty of an offence if he—

(a)intentionally obstructs a person in the exercise of any power conferred on that person by virtue of a warrant under this section; or

(b)without reasonable excuse, fails to give any assistance that he is under a duty to give by virtue of subsection (7).

(9)A person guilty of an offence under subsection (8) shall be liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.

(10)In this section—

“interference”, in relation to wireless telegraphy, has the same meaning as in the Wireless Telegraphy Act 1949 (c. 54); and

“vehicle” includes vessel, aircraft or hovercraft.

(11)In the application of this section to Scotland, the reference in subsection (1) to information on oath shall have effect as a reference to evidence on oath.

(12)In the application of this section to Northern Ireland, the reference in subsection (1) to a lay magistrate shall have effect, in relation to times before the coming into force of sections 9 and 10 of the Justice (Northern Ireland) Act 2002 (c. 26), as a reference to a justice of the peace.

Section 367

Interpretation of provisions about dealer notification

(1)Section 6 of the Wireless Telegraphy Act 1967 (interpretation of provisions requiring notification of sale and hire of television sets) shall be amended as follows.

(2)In subsection (1), for the definitions of “television dealer”, “television programme” and “television set” there shall be substituted—

““television dealer” means a person of any description specified in regulations made by the Secretary of State setting out the descriptions of persons who are to be television dealers for the purposes of this Part;

“television set” means any apparatus of a description specified in regulations made by the Secretary of State setting out the descriptions of apparatus that are to be television sets for the purposes of this Part.”

(3)After that subsection there shall be inserted—

“(1A)Regulations under subsection (1) defining a television set may provide for references to such a set to include references to software used in association with apparatus.”
368Meanings of “television receiver” and “use”

(1)In this Part “television receiver” means any apparatus of a description specified in regulations made by the Secretary of State setting out the descriptions of apparatus that are to be television receivers for the purposes of this Part.

(2)Regulations under this section defining a television receiver may provide for references to such a receiver to include references to software used in association with apparatus.

(3)References in this Part to using a television receiver are references to using it for receiving television programmes.

(4)The power to make regulations under this section defining a television receiver includes power to modify subsection (3).

SOURCE = Legislation.Gov.UK

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SCHEDULE 1 The Convention Rights and Freedoms

PART I – The Convention Rights and Freedoms

Article 2

Right to life

1 Everyone’s right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law.

2 Deprivation of life shall not be regarded as inflicted in contravention of this Article when it results from the use of force which is no more than absolutely necessary:

(a)in defence of any person from unlawful violence;

(b)in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;

(c)in action lawfully taken for the purpose of quelling a riot or insurrection.

Article 3

Prohibition of torture

No one shall be subjected to torture or to inhuman or degrading treatment or punishment.

Article 4

Prohibition of slavery and forced labour

1 No one shall be held in slavery or servitude.

2 No one shall be required to perform forced or compulsory labour.

3 For the purpose of this Article the term “forced or compulsory labour” shall not include:

(a)any work required to be done in the ordinary course of detention imposed according to the provisions of Article 5 of this Convention or during conditional release from such detention;

(b)any service of a military character or, in case of conscientious objectors in countries where they are recognised, service exacted instead of compulsory military service;

(c)any service exacted in case of an emergency or calamity threatening the life or well-being of the community;

(d)any work or service which forms part of normal civic obligations.

Article 5

Right to liberty and security

1 Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law:

(a)the lawful detention of a person after conviction by a competent court;

(b)the lawful arrest or detention of a person for non-compliance with the lawful order of a court or in order to secure the fulfilment of any obligation prescribed by law;

(c)the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so;

(d)the detention of a minor by lawful order for the purpose of educational supervision or his lawful detention for the purpose of bringing him before the competent legal authority;

(e)the lawful detention of persons for the prevention of the spreading of infectious diseases, of persons of unsound mind, alcoholics or drug addicts or vagrants;

(f)the lawful arrest or detention of a person to prevent his effecting an unauthorised entry into the country or of a person against whom action is being taken with a view to deportation or extradition.

2 Everyone who is arrested shall be informed promptly, in a language which he understands, of the reasons for his arrest and of any charge against him.

3 Everyone arrested or detained in accordance with the provisions of paragraph 1(c) of this Article shall be brought promptly before a judge or other officer authorised by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial.

4 Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful.

5 Everyone who has been the victim of arrest or detention in contravention of the provisions of this Article shall have an enforceable right to compensation.

Article 6

Right to a fair trial

1 In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interest of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.

2 Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.

3 Everyone charged with a criminal offence has the following minimum rights:

(a)to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him;

(b)to have adequate time and facilities for the preparation of his defence;

(c)to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require;

(d)to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;

(e)to have the free assistance of an interpreter if he cannot understand or speak the language used in court.

Article 7

No punishment without law

1 No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed.

2 This Article shall not prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognised by civilised nations.

Article 8

Right to respect for private and family life

1 Everyone has the right to respect for his private and family life, his home and his correspondence.

2 There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

Article 9

Freedom of thought, conscience and religion

1 Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance.

2 Freedom to manifest one’s religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.

Article 10

Freedom of expression

1 Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.

2 The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.

Article 11

Freedom of assembly and association

1 Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.

2 No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This Article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State.

Article 12

Right to marry

Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right.
Article 14 Prohibition of discrimination

The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
Article 16 Restrictions on political activity of aliens

Nothing in Articles 10, 11 and 14 shall be regarded as preventing the High Contracting Parties from imposing restrictions on the political activity of aliens.

Article 17

Prohibition of abuse of rights

Nothing in this Convention may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms set forth herein or at their limitation to a greater extent than is provided for in the Convention.

Article 18

Limitation on use of restrictions on rights

The restrictions permitted under this Convention to the said rights and freedoms shall not be applied for any purpose other than those for which they have been prescribed.
Part II The First Protocol

Part II – The First Protocol

Article 1

Protection of property

Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.

The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.

Article 2

Right to education

No person shall be denied the right to education. In the exercise of any functions which it assumes in relation to education and to teaching, the State shall respect the right of parents to ensure such education and teaching in conformity with their own religious and philosophical convictions.
Article 3 Right to free elections

The High Contracting Parties undertake to hold free elections at reasonable intervals by secret ballot, under conditions which will ensure the free expression of the opinion of the people in the choice of the legislature.

SOURCE = Legislation.Gov.UK

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Employment Law

Criminal Law

Case Law (Common Law)

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