New Clause 1 - USE OF NON-PRINT PUBLICATIONS

Part of Legal Deposit Libraries Bill – in a Public Bill Committee at 5:45 pm on 4 June 2003.

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‘(1)Subject to subsection (2), a relevant person may not use relevant material.

(2)The Secretary of State may by regulations make provision permitting the use by relevant persons of relevant material, subject to such conditions as may be prescribed.

(3)Regulations under this section may in particular make provision about—

(a)the purposes for which relevant material may be used;

(b)the time at which or the circumstances in which readers may first use relevant material;

(c)the description of readers who may use relevant material;

(d)the limitations on the number of readers who may use relevant material at any one time (whether by limiting the number of terminals in a deposit library from which readers may at any one time access an electronic publication or otherwise).

(4)In this section—

(a)“reader” means a person who, for the purposes of research or study and with the permission of a deposit library, is on library premises controlled by it;

(b)“relevant material” means—

(i)a copy delivered under section 1 of a work published in a medium other than print;

(ii)a copy delivered pursuant to regulations under section 6 of a computer program or material within section 6(2)(b);

(c)“relevant person” means—

(i)a deposit library or person acting on its behalf;

(ii)a reader;

(d)references to using relevant material include references to copying it and, in the case of a computer program or database, adapting it;

(e)references to a deposit library include references to the Faculty of Advocates.

(5)A contravention of this section is actionable at the suit of a person who suffers loss as a result of the contravention, subject to the defences and other incidents applying to actions for breach of statutory duty.’—[Mr. Mole.]