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Digital Economy Bill [HL]

211B: Clause 17, page 18, line 39, leave out from beginning to end of line 5 on page 19 and insert— "(9) The Secretary of State may not make an order under this section unless— (a) the Secretary of State has consulted the persons the Secretary of State thinks likely to be affected by the order (or persons who represent such persons) and such other persons as the Secretary of State thinks fit; (b) following that consultation, the Secretary of State has laid a draft order and explanatory document before Parliament in accordance with section 302B; and (c) the order is made in accordance with section 302C. 302B Draft order and explanatory document laid before Parliament (1) If, after the conclusion of the consultation required by section 302A(9), the Secretary of State considers it appropriate to proceed with the making of an order under section 302A, the Secretary of State must lay before Parliament— (a) a draft of the order, together with (b) an explanatory document. (2) The explanatory document must— (a) describe the infringement of copyright that the Secretary of State is satisfied is having a serious adverse effect on businesses or consumers; (b) describe the effect; (c) explain why the Secretary of State is satisfied that making the amendment is a proportionate way to address that effect; (d) give details of the consultation undertaken under section 302A(9), any representations received as a result of the consultation, and the changes (if any) made as a result of such representations. (3) Where a person making representations in response to consultation under section 302A(9) has requested the Secretary of State not to disclose them, the Secretary of State must not disclose them under subsection (2)(d) if or to the extent that to do so would (disregarding any connection with proceedings in Parliament) constitute a breach of confidence actionable by any person. (4) If information in representations made by a person in response to consultation under section 302A(9) relates to another person, the Secretary of State need not disclose the information under subsection (2)(d) if or to the extent that— (a) it appears to the Secretary of State that the disclosure of that information could adversely affect the interests of that other person; and (b) the Secretary of State has been unable to obtain the consent of that other person to the disclosure. (5) Subsections (3) and (4) do not affect any disclosure that is requested by, and made to, a committee of either House of Parliament charged with reporting on the draft order. 302C Super-affirmative procedure (1) The Secretary of State must have regard to— (a) any representations, (b) any resolutions of either House of Parliament, and (c) any recommendations of a committee of either House of Parliament charged with reporting on the draft order, made during the 60-day period with regard to the draft order. (2) If, after the expiry of the 60-day period, the Secretary of State wishes to make an order in the terms of the draft, the Secretary of State must lay before Parliament a statement— (a) stating whether any representations were made under subsection (1)(a); and (b) if any representations were so made, giving details of them. (3) The Secretary of State may after the laying of such a statement make an order in the terms of the draft if it is approved by a resolution of each House of Parliament. (4) However, a committee of either House charged with reporting on the draft order may, at any time after the laying of a statement under subsection (2) and before the draft order is approved by that House under subsection (3), recommend under this subsection that no further proceedings be taken in relation to the draft order. (5) Where a recommendation is made by a committee of either House under subsection (4) in relation to a draft order, no proceedings may be taken in relation to the draft order in that House under subsection (3) unless the recommendation is, in the same Session, rejected by resolution of that House. (6) If, after the expiry of the 60-day period, the Secretary of State wishes to make an order consisting of a version of the draft order with material changes, the Secretary of State must lay before Parliament— (a) a revised draft order; and (b) a statement giving details of any representations made under subsection (1)(a) and of the revisions proposed. (7) The Secretary of State may after laying a revised draft order and statement under subsection (6) make an order in the terms of the revised draft if it is approved by a resolution of each House of Parliament. (8) However, a committee of either House charged with reporting on the revised draft order may, at any time after the revised draft order is laid under subsection (6) and before it is approved by that House under subsection (7), recommend under this subsection that no further proceedings be taken in relation to the revised draft order. (9) Where a recommendation is made by a committee of either House under subsection (8) in relation to a revised draft order, no proceedings may be taken in relation to the revised draft order in that House under subsection (7) unless the recommendation is, in the same Session, rejected by resolution of that House. (10) Subsections (3) to (5) of section 302B apply in relation to the disclosure of representations under subsections (2)(b) and (6)(b) of this section as they apply in relation to the disclosure of representations under subsection (2)(d) of that section. (11) For the purposes of subsections (3) and (7) an order is made in the terms of a draft order if it contains no material changes to the provisions of the draft order. (12) In this section the "60-day period" means the period of 60 days beginning with the day on which the draft order was laid before Parliament under section 302B. (13) 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 four days." Amendments 211C to 211J (to Amendment 211B) not moved. Amendment 211B agreed. Amendments 212 and 213 not moved. Debate on whether Clause 17 should stand part of the Bill.