Draft Regulations laid before Parliament under sect ion 116D(5) of and paragraph 1D(5) of 
Schedule 2A to the Copyright, Designs and Patents A ct 1988, for approval by resolution of each 
House of Parliament. 
D R A F T  S T A T U T O R Y  I N S T R U M E N T S  
2014 No. XXXX 
COPYRIGHT 
The Copyright and Rights in Performances (Extended Collective 
Licensing) Regulations 2014 
Made  - - - - *** 
Coming into force  - - 1st October 2014 
A draft of the Regulations has been laid before and  approved by each House of Parliament under 
section 116D(5) of and paragraph 1D(5) of Schedule 2A to the Copyright, Designs and Patents 
Act 1988( a). 
The Secretary of State, in exercise of the powers c onferred by sections 116B to 116D of and 
paragraphs 1B to 1D of Schedule 2A to that Act, mak es the following Regulations: 
Citation and commencement 
1.  These Regulations may be cited as the Copyright an d Rights in Performances (Extended 
Collective Licensing) Regulations 2014 and shall co me into force on 1st October 2014. 
Interpretation 
2.  In these Regulations— 
“Act” means the Copyright, Designs and Patents Act 1988; 
“authorisation” means an authorisation granted by t he Secretary of State to a relevant licensing 
body under regulation 4 or 9; 
“code of practice” means the code of practice adopt ed and published by the relevant licensing 
body; 
“Codes Regulations” mean the Copyright (Regulation of Relevant Licensing Bodies) 
Regulations 2014( b); 
“Comptroller” means the Comptroller-General of Pate nts, Designs and Trade Marks; 
“distribution policy” means the distribution policy  adopted and published by the relevant 
licensing body; 
                                                                                                                                            
(a) 1988 c.48, sections 116B to 116D were inserted by  the Enterprise and Regulatory Reform Act 2013 (c.2 4), s 77 and 
paragraphs 1B to 1D were inserted into Schedule 2A by section 77 and Part 2 of Schedule 22 to the Ente rprise and 
Regulatory Reform Act. Schedule 2A was inserted by S.I. 1996/2967. 
(b) S.I. 2014/898.   2 “Extended Collective Licensing Scheme” means a coll ective licensing scheme under which a 
relevant licensing body may grant licences in accor dance with an authorisation under 
regulation 4 in respect of relevant works— 
(a)  in which copyright is owned by non-member right hol ders; or 
(b)  in relation to which the restricted acts in relatio n to the performance may be permitted 
or prohibited by non-member right holders; 
“financial year” means the financial year of the re levant licensing body; 
“member” means a right holder or a body representin g right holders, including other relevant 
licensing bodies, fulfilling the membership require ments of and admitted to membership by a 
relevant licensing body; 
“net licence fee” means the licence fee received by  a relevant licensing body under an 
Extended Collective Licensing Scheme in respect of a relevant work less a reasonable 
administration fee; 
“non-member right holder” means a right holder who is represented by the relevant licensing 
body under an Extended Collective Licensing Scheme but who is not a member of the relevant 
licensing body and whose rights in the relevant wor ks are not the subject of an express 
contractual agreement with the relevant licensing b ody; 
“opt out arrangements” means the steps to be follow ed by a right holder to limit or exclude the 
grant of licences under an Extended Collective Lice nsing Scheme; 
“permitted use” means the acts— 
(a)  restricted by copyright, or 
(b)  to which sections 182, 182A, 182B, 182C, 182CA, 183  or 184 of the Act apply, 
which the relevant licensing body is authorised to licence; 
“relevant licensing body” means any body that is a licensing body within the meaning of 
section 116(2) of the Act and which— 
(a)  is authorised by way of assignment, licence or any other contractual arrangement to 
manage the rights of right holders in relevant work s on behalf of more than one right 
holder, for the collective benefit of those right h olders, as its sole or main purpose; and 
(b)  is either owned or controlled by its members or org anised on a not for profit basis; 
“representation” means the extent to which the rele vant licensing body currently— 
(a)  acts on behalf of right holders in respect of relev ant works of the type which will be the 
subject of the proposed Extended Collective Licensi ng Scheme; and 
(b)  holds right holders’ rights in relevant works of th e type which will be the subject of the 
proposed Extended Collective Licensing Scheme; 
“required consent” means the informed consent of a substantial proportion of the members of 
the relevant licensing body who vote on the proposa l; 
“relevant work” has the meaning set out in regulati on 3; 
“restricted acts” means the acts in relation to a p erformance to which sections 182, 182A, 
182B, 182C, 182CA, 183 or 184 of the Act( a) apply; 
“right holder” has the meaning set out in regulatio n 3; 
“specified criteria” means the criteria set out in the Schedule to the Codes Regulations. 
Relevant work and right holder 
3. —(1) “Relevant work” means a work which is protecte d by copyright or a performance in 
respect of which certain acts constitute restricted  acts. 
                                                                                                                                            
(a) Section 182 was substituted by, and sections 182A  – 182 C and 182CA inserted by S.I 1996/2967 and am ended by S.I . 
2003/2498, S.I. 2006/18, S.I 2013/1782; section 183  was amended by S.I. 2003/2498.  3 (2)  A reference to a “relevant work” includes a referen ce to a work or a performance, which 
itself falls within the definition of “relevant wor k” and is embedded in or incorporated in, or 
constitutes an integral part of, another relevant w ork. 
(3)  “Right holder” in relation to a relevant work means — 
(a)  an owner of the copyright in the relevant work; 
(b)  a licensee under an exclusive licence in relation t o the relevant work; 
(c)  a person with rights to permit or prohibit one or m ore of the restricted acts in relation to 
a performance recorded by the relevant work and, in  the case of a performance, which 
is embedded in, or incorporated in or constitutes a n integral part of a relevant work, a 
person with rights to permit or prohibit one or mor e of the restricted acts in relation to 
the performance; and 
(d)  a licensee under an exclusive licence in relation t o those rights. 
Authorisation to operate an Extended Collective Lic ensing Scheme 
4. —(1) The Secretary of State may, if he considers it  reasonable in the circumstances to do so, 
authorise a relevant licensing body to operate an E xtended Collective Licensing Scheme after 
receiving an application made in accordance with re gulation 5 and completion of the procedure in 
regulations 6 to 8. 
(2)  An authorisation must specify— 
(a)  the types of relevant work to which it applies; and  
(b)  the permitted use. 
(3)  A relevant licensing body authorised under paragrap h (1) may license all rights within the 
scope of the Extended Collective Licensing Scheme p rovided that the relevant licensing body— 
(a)  grants scheme licences in accordance with the terms  and conditions notified to the 
Secretary of State under regulation 5(p); 
(b)  carries out its licensing activities in accordance with its code of practice; 
(c)  complies with the requirements of these Regulations ; and 
(d)  complies with the conditions of its authorisation. 
(4)  The Secretary of State may only grant an authorisat ion to a relevant licensing body if the 
Secretary of State is satisfied that— 
(a)  at the time of the authorisation, the relevant lice nsing body licenses by way of 
collective licence relevant works of the type which  are to be the subject of the proposed 
Extended Collective Licensing Scheme; 
(b)  the relevant licensing body’s representation in the  type of relevant works which are to 
be the subject of the proposed Extended Collective Licensing Scheme is significant; 
(c)  the code of practice of the relevant licensing body  is consistent with the specified 
criteria including the criteria concerning the prot ection of non-member right holders; 
(d)  the opt out arrangements, including those for multi ple works, are adequate to protect 
the interests of right holders; 
(e)  the arrangements for publicising the scheme, for co ntacting non–member right holders 
in order to distribute the net licence fees and for  distributing any net licence fees which 
remain undistributed are appropriate for the propos ed scheme, having regard to the 
interests of non-member right holders; and 
(f)  the relevant licensing body has obtained the requir ed consent to the proposed Extended 
Collective Licensing Scheme. 
(5)  An authorisation is personal to the relevant licens ing body and the authorisation may not be 
transferred to any other person or body.  4 (6)  An authorisation continues in force until the earli er of the expiration of five years from the 
date of the grant of the authorisation or until rev ocation or cancellation in accordance with 
regulation 14 or 15. 
Application for authorisation 
5. —(1) An application for authorisation under regulat ion 4 must be made in writing to the 
Secretary of State in the form required by the Secr etary of State, including in electronic form, and 
must contain— 
(a)  a summary of the application; 
(b)  the name of the applicant; 
(c)  evidence that the applicant is a relevant licensing  body; 
(d)  an address for service on the applicant in the Euro pean Economic Area; 
(e)  the types of relevant work to which the Extended Co llective Licensing Scheme will 
apply; 
(f)  the right holders’ rights in relation to relevant w orks which the relevant licensing body 
seeks to be authorised to license; 
(g)  the opt out arrangements that the relevant licensin g body will adopt including the steps 
which a non-member right holder is required to take  to opt out of a proposed Extended 
Collective Licensing Scheme before the scheme comme nces and whether the consent 
of the Secretary of State is sought as described in  regulation 16(5)(b); 
(h)  the number of right holders— 
(i)  who have notified the relevant licensing body that they wish to opt out of the 
proposed Extended Collective Licensing Scheme; or 
(ii)  whose rights, as a result of contractual arrangemen ts with the relevant licensing 
body, will not fall within the Extended Collective Licensing Scheme 
together, in each case and to the extent that the r elevant licensing body has been notified 
by the relevant right holder, with the number of re levant works in which those right 
holders have rights; 
(i)  evidence of the representation provided by the rele vant licensing body; 
(j)  evidence that the relevant licensing body has obtai ned the required consent; 
(k)  the information that was provided by the relevant l icensing body to the relevant 
members, when seeking the required consent; 
(l)  a copy of any collective licence, in force at the d ate of the application for authorisation, 
under which the relevant licensing body licenses re levant works of the type which will 
be the subject of the proposed Extended Collective Licensing Scheme; 
(m)  the code of practice that the relevant licensing bo dy will operate in relation to its 
licensing activities if the authorisation is grante d and which is consistent with the 
specified criteria, including the criteria concerni ng the protection of non-member right 
holders; 
(n)  a copy of any report relating to the code of practi ce adopted by the relevant licensing 
body which has been produced by an independent code  reviewer in accordance with 
the terms of the self-regulatory code of practice o r by a code reviewer appointed by the 
Secretary of State under regulation 6 of the Codes Regulations; 
(o)  a declaration signed on behalf of the relevant lice nsing body confirming that, at the 
time of the application, it is complying in all mat erial respects with the terms of its 
code of practice; 
(p)  a copy of the terms and conditions of the licence w hich the relevant licensing body 
proposes to grant its licensees under the Extended Collective Licensing Scheme; 
(q)  a copy of the distribution policy which the relevan t licensing body proposes to operate 
in relation to its licensing activities if the auth orisation is granted;  5 (r)  the arrangements for publicising the Extended Colle ctive Licensing Scheme to non-
member right holders and third parties before its i ntroduction and during the life of the 
scheme; and 
(s)  the methods by which the relevant licensing body wi ll contact non-member right 
holders and distribute the net licence fees to them . 
(2)  An application for authorisation under regulation 4  must be accompanied by an initial fee to 
reimburse the Secretary of State for any administra tive expenses incurred in connection with the 
application for authorisation. 
Response to an application 
6. —(1) If an application, submitted in accordance wit h regulation 4 or 9, complies with the 
requirements of the relevant regulation the Secreta ry of State must within 14 days of its receipt 
inform the relevant licensing body— 
(a)  that the application has been received; 
(b)  of any additional information that the Secretary of  State requires to facilitate 
consideration of the application; and 
(c)  of the date by which the application will be determ ined. 
(2)  If an application submitted in accordance with regu lation 4 or 9 does not meet the 
requirements of the relevant regulation the Secreta ry of State shall within 14 days of receipt 
inform the relevant licensing body in writing that the application has been rejected, together with a 
statement of the reasons for that decision. 
Authorisation procedure 
7. —(1) Before granting an authorisation under regulat ion 4 or 9 the Secretary of State must— 
(a)  publish a notice setting out details of the applica tion for authorisation in such manner 
as the Secretary of State considers appropriate for  bringing it to the attention of persons 
likely to be affected by the authorisation; and 
(b)  consider any comments provided in accordance with t he notice. 
(2)  The notice must state the period (which must be not  less than 28 days starting with the date 
of publication of the notice) within which comments  may be provided to the Secretary of State 
regarding the proposed authorisation. 
Notice of decision on authorisation 
8. —(1) The Secretary of State must decide whether to grant an authorisation, under regulation 4, 
or a renewal of an authorisation under regulation 9 , and shall notify the relevant licensing body of 
his decision together with the reasons for the deci sion. 
(2)  If an authorisation is granted, the notification mu st set out the commencement date of the 
authorisation, whether the authorisation has been g ranted subject to conditions, and if so, what the 
conditions are. 
(3)  The Secretary of State may require a relevant licen sing body to pay to the Secretary of State 
an application fee to reimburse the Secretary of St ate for any administrative expenses incurred in 
connection with the application, including those as sociated with a consideration of whether the 
requirements set out in regulation 4(4), or (as the  case may be) 9(4), are satisfied. 
(4)  When setting the application fee the Secretary of S tate must take account of any initial fee 
which has already been paid. 
(5)  The Secretary of State must notify the relevant lic ensing body of his decision on an 
application for authorisation within 90 days of the  end of the period for providing comments under 
regulation 7, and on an application for a renewal o f authorisation, within 28 days of that date.  6 (6)  The Secretary of State must publish his decision in  such manner as the Secretary of State 
considers appropriate for bringing it to the attent ion of persons likely to be affected by the 
authorisation. 
Renewal of an authorisation 
9. —(1) The Secretary of State may, if he considers it  reasonable in the circumstances to do so, 
renew the authorisation of a relevant licensing bod y to operate an Extended Collective Licensing 
Scheme upon the application of that body, made in a ccordance with regulation 10, and after the 
completion of the procedure set out in regulations 6 to 8. 
(2)  A renewed authorisation must specify— 
(a)  the types of relevant work to which it applies; and  
(b)  the permitted use. 
(3)  Regulation 4(3) to (5) applies in relation to the r enewal of an authorisation as it applies in 
relation to the original application for authorisat ion. 
(4)  The Secretary of State may renew an authorisation f or a fixed period or may express the 
renewed authorisation to continue until the earlier  of revocation or cancellation in accordance with 
regulations 14 or 15. 
Application for the renewal of an authorisation 
10. —(1) An application by a relevant licensing body fo r a renewal of an authorisation under 
regulation 9 shall be made to the Secretary of Stat e in writing, not less than three years from the 
date of grant of the existing authorisation and not  less than three months before the expiration of 
that authorisation, in the form required by the Sec retary of State, including in electronic form. 
(2)  An application for a renewal of an authorisation un der regulation 9 must contain— 
(a)  a summary of the application for renewal; 
(b)  confirmation that the information provided under re gulation 5(b) to (h), (l), (m), (p), (q) 
and (s), remains as set out in the previous authori sed application or details of any 
material changes; 
(c)  information demonstrating— 
(i)  how the opt out arrangements have been operated dur ing the previous period of 
authorisation; 
(ii)  the number of right holders who, at the date of the  application for renewal, have 
notified the relevant licensing authority that they  wish to opt out of the proposed 
Extended Collective Licensing Scheme compared with the number of right holders 
who were opted out of the Extended Collective Licen sing Scheme at the date of the 
previous application for authorisation; and 
(iii)  the number of relevant works that are opted out at the date of the application for 
renewal compared with the number of relevant works that are opted out of the 
Extended Collective Licensing Scheme at the date of  the previous application for 
authorisation and, to the extent that the relevant licensing body has been notified by 
the relevant right holders, the number of works in which those right holders have 
rights; 
(d)  evidence of the representation provided by the rele vant licensing body at the time the 
application for renewal is made; 
(e)  evidence that the relevant licensing body has obtai ned the required consent; 
(f)  the information that was provided by the relevant l icensing body to the relevant 
members, when seeking the required consent; 
(g)  a copy of any report produced within the period of the initial authorisation relating to 
the code of practice adopted by the relevant licens ing body which has been produced 
by an independent code reviewer in accordance with the terms of the self-regulatory  7 code of practice or by a code reviewer appointed by  the Secretary of State in 
accordance with regulation 6 of the Codes Regulatio ns; 
(h)  a declaration signed on behalf of the relevant lice nsing body confirming that, at the 
time of the application for renewal, it is complyin g in all material respects with the 
terms of its code of practice; 
(i)  a list of complaints from any non-member right hold ers whose works or rights have 
been licensed under the Extended Collective Licensi ng Scheme and the nature of the 
complaints and how they were resolved; 
(j)  details of the distributions which have been made t o non-member right holders, any 
sums which have been distributed in accordance with  regulation 19 and which remain 
undistributed; 
(k)  the arrangements for publicising the Extended Colle ctive Licensing Scheme to non-
member right holders and third parties during the l ife of the scheme together with 
information demonstrating how effective the publica tion of the Extended Collective 
Licensing Scheme has been; and 
(l)  whether the consent of the Secretary of State is so ught as described in regulation 
16(5)(b). 
(3)  An application by a relevant licensing body for a r enewal of an authorisation under 
regulation 9 shall be accompanied by a renewal fee to reimburse the Secretary of State for any 
administrative expenses incurred in connection with  the application for renewal. 
Review of Extended Collective Licensing Scheme 
11. —(1) Every three years after the date on which an a uthorisation was renewed, the relevant 
licensing body which operates an Extended Collectiv e Licensing Scheme must provide the 
Secretary of State with— 
(a)  information demonstrating— 
(i)  how the opt out arrangements have been operated dur ing the previous period of 
authorisation; 
(ii)  the number of right holders who, at the time of the  review, have notified the relevant 
licensing authority that they wish to opt out of th e Extended Collective Licensing 
Scheme compared with the number of right holders wh o were opted out of the 
Extended Collective Licensing Scheme at the date of  the previous application for 
authorisation; and 
(iii)  the number of opted out works at the time of the re view compared with the number 
of works opted out of the Extended Collective Licen sing Scheme at the date of the 
previous application for authorisation and, to the extent that the relevant licensing 
body has been notified by the relevant right holder s, the number of works in which 
those right holders have rights; 
(b)  evidence of the representation provided by the rele vant licensing body at the time the 
application for renewal is made; 
(c)  a copy of any report relating to the code of practi ce adopted by the relevant licensing 
body which has been produced by an independent code  reviewer in accordance with 
the terms of the self-regulatory code of practice o r by a code reviewer appointed by the 
Secretary of State under regulation 6 of the Codes Regulations; 
(d)  a declaration signed on behalf of the relevant lice nsing body confirming that, at the 
time of the review, it is complying in all material  respects with the terms of its code of 
practice; 
(e)  a list of complaints from any non-member right hold ers whose works or rights have 
been licensed under the Extended Collective Licensi ng Scheme and the nature of the 
complaints and how they were resolved;  8 (f)  details of the distributions which have been made t o non-member right holders, any 
sums which have been distributed in accordance with  regulation 19 and which remain 
undistributed; 
(g)  the arrangements for publicising the Extended Colle ctive Licensing Scheme to non-
member right holders and third parties during the l ife of the scheme together with 
information demonstrating how effective the publica tion of the Extended Collective 
Licensing Scheme has been; and 
(h)  confirmation that the information provided under re gulation 5(b) to (h), (l), (m), (p), (q) 
and (s), remains as set out in the previous authori sed application or details of any 
material changes. 
(2)  The Secretary of State may, in addition, require th e relevant licensing body to provide to the 
Secretary of State, within the time period specifie d by the Secretary of State— 
(a)  evidence that the relevant licensing body has obtai ned the required consent to the 
continuation of the Extended Collective Licensing S cheme; and 
(b)  the information that was provided by the relevant l icensing body to the relevant 
members, when seeking the required consent. 
(3)  The Secretary of State may publish information sett ing out details of the review and seek 
comments from those likely to be affected by the re view. 
(4)  The Secretary of State may require a relevant licen sing body to pay to the Secretary of State 
a fee to reimburse the Secretary of State for any a dministrative expenses incurred in connection 
with the review. 
(5)  The Secretary of State must, within three months of  the date described in paragraph (1), 
notify the relevant licensing body of the outcome o f the review of the Extended Collective 
Licensing Scheme and publish the summary of finding s of the review in such manner as the 
Secretary of State considers appropriate for bringi ng it to the attention of persons likely to be 
affected by the authorisation. 
Modification of an authorisation 
12. —(1) The Secretary of State may, upon the applicati on of a relevant licensing body which 
operates an Extended Collective Licensing Scheme, o r of the Comptroller, or following a review 
under regulation 11 of the scheme operated by that body, modify the conditions of an 
authorisation, granted under regulation 4 or 9, oth er than those required to be specified by 
regulation 4(2) or 9(2). 
(2)  Before making a modification under this regulation,  the Secretary of State must— 
(a)  give notice of the proposed modification, and 
(b)  consider any comments provided in accordance with t he notice and not withdrawn. 
(3)  The notice must— 
(a)  summarise the proposed modification; 
(b)  state the reasons for the proposed modification, an d 
(c)  state the period (which must be not less than 28 da ys starting with the date of 
publication of the notice) within which representat ions may be made to the Secretary of 
State regarding the proposed modification. 
(4)  A notice under paragraph (2) must be given by— 
(a)  serving a copy of the notice on the relevant licens ing body, and 
(b)  publishing the notice in such manner as the Secreta ry of State considers appropriate for 
the purpose of bringing the matters to which the no tice relates to the attention of 
persons likely to be affected by them. 
(5)  The Secretary of State may require a relevant licen sing body to pay to the Secretary of State 
a fee to reimburse the Secretary of State for any a dministrative expenses incurred in connection 
with the application for modification.  9 Notice of decision on modification 
13. —(1) The Secretary of State must, within 28 days of  the end of period for making 
representations under regulation 12, make his decis ion on the application for modification, publish 
the decision and notify the relevant licensing body  in writing of the decision and of the reasons for 
it. 
(2)  If the application has been approved, the notificat ion shall also set out whether the 
application has been approved subject to conditions , and if so, what the conditions are and the 
commencement date of the modified authorisation. 
Revocation of an authorisation 
14. —(1) If the Secretary of State is satisfied that th e relevant licensing body has failed in 
respects which are relevant to the operation of the  Extended Collective Licensing Scheme to 
operate its licensing activities in accordance with  the types of relevant work or permitted use 
specified in the authorisation in accordance with r egulations 4(2) or 9(2), the Secretary of State 
must revoke the authorisation. 
(2)  The Secretary of State may revoke the authorisation  if he has reasonable grounds to believe 
that the relevant licensing body has failed in mate rial respects to comply with— 
(a)  any other requirements of these Regulations; 
(b)  any conditions of its authorisation; or 
(c)  the specified criteria. 
(3)  The Secretary of State may require a relevant licen sing body, whose authorisation is 
revoked, to pay to the Secretary of State a fee to reimburse the Secretary of State for any 
administrative expenses incurred in connection with  administering the operation of this regulation; 
and a fee that falls to be paid under this paragrap h is recoverable by the Secretary of State as a 
debt. 
(4)  Prior to revoking any authorisation, the Secretary of State must satisfy the requirements set 
out in paragraphs (5) to (7). 
(5)  The Secretary of State must— 
(a)  publish a notice in such manner as the Secretary of  State considers appropriate for 
bringing the intention to revoke together with the reasons for taking this action to the 
attention of the relevant licensing body and of per sons likely to be affected by the 
revocation; and 
(b)  allow the relevant licensing body and persons likel y to be affected by the revocation to 
make comments in writing. 
(6)  Comments under paragraph (5)(b) must be made within  21 days from the date of the 
notification under paragraph (5)(a) or within such longer period as is specified in the notice. 
(7)  Within 42 days of the end of the period for making representations referred to in paragraph 
(6), the Secretary of State must provide to the rel evant licensing body either the decision on 
revocation or the date on which the decision on rev ocation will be provided to the relevant 
licensing body. 
(8)  The Secretary of State’s decision whether or not to  revoke the authorisation must set out the 
reasons for the decision together, where relevant, with the date on which the authorisation shall 
cease. 
(9)  Any licences granted by the relevant licensing body  under the Extended Collective Licensing 
Scheme shall lapse with effect from the date on whi ch the revocation of the relevant authorisation 
has effect. 
(10)  The Secretary of State must publish his decision in  such manner as the Secretary of State 
considers appropriate together with any conditions attached to it.  10  Cancellation of an authorisation 
15. —(1) If a relevant licensing body informs the Secre tary of State that it wishes to cancel its 
authorisation, the Secretary of State may inform th e relevant licensing body in writing of any 
conditions which the relevant licensing body is req uired to fulfil in connection with the 
cancellation of the authorisation and must indicate  which conditions must be fulfilled before the 
cancellation date may be set. 
(2)  Once the Secretary of State is satisfied that any c onditions imposed under paragraph (1), 
which must be satisfied before the cancellation dat e may be set, have been fulfilled, the Secretary 
of State shall set a date for the cancellation of t he authorisation and notify the relevant licensing 
body of that date. 
(3)  Any licences granted by the relevant licensing body  under the Extended Collective Licensing 
Scheme shall lapse with effect from the date on whi ch the cancellation of the relevant 
authorisation has effect. 
(4)  The Secretary of State may require a relevant licen sing body to pay to the Secretary of State 
a fee to reimburse the Secretary of State for any c osts incurred in connection with the cancellation. 
Opt out from an Extended Collective Licensing Schem e 
16. —(1) A right holder may exclude or limit the grant of licences under an Extended Collective 
Licensing Scheme or a proposed Extended Collective Licensing Scheme in relation to their rights 
in a relevant work by following the opt out arrange ments which are referred to in the authorisation 
given by the Secretary of State or in modifications  to those arrangements which are made by the 
Secretary of State under regulation 12, including t hose relating to the form of opt out notice. 
(2)  A non-member right holder who wishes to exercise th eir right to opt out must provide the 
relevant licensing body with their name, so that th e relevant licensing body may list the name 
under paragraph (6), and may identify the relevant works to be opted out. 
(3)  The opt out arrangements of each relevant licensing  body shall— 
(a)  permit a non-member right holder to provide the rel evant licensing body with an opt 
out notice which excludes or limits the grant of li cences under an Extended Collective 
Licensing Scheme in relation to some or all of thei r relevant works; 
(b)  permit a non-member right holder to provide the rel evant licensing body with an opt 
out notice which excludes or limits the grant of li cences under a proposed Extended 
Collective Licensing Scheme in relation to some or all of their relevant works and 
provide that the opt out shall take effect before t he commencement of the Extended 
Collective Licensing Scheme; and 
(c)  permit a member of the relevant licensing body to p rovide the relevant licensing body 
with an opt out notice which excludes or limits the  grant of licences under an Extended 
Collective Licensing Scheme in relation to some or all of their relevant works where 
any agreement entered into between the member and t he relevant licensing body, in 
relation to those relevant works, including a colle ctive licensing agreement, enables the 
member to notify the relevant licensing body that i t does not wish to participate in 
either— 
(i)  an Extended Collective Licensing Scheme, or 
(ii)  a collective licensing scheme, 
operated, in either case, by the relevant licensing  body. 
(4)  Within 14 days of receipt of a notice of opt out, t he relevant licensing body shall— 
(a)  acknowledge receipt of the non-member right holder’ s request to opt out; 
(b)  inform the non-member right holder of the date from  which the opt-out takes effect 
and, where a licence has been granted, of the termi nation date of the licence; 
(c)  inform any relevant licensees that the work has bee n opted out together with the 
termination date of the licence; and  11  (d)  update the list referred to in paragraph (6). 
(5)  The termination date of the licence, referred to in  paragraph (4)(b), shall not be later than— 
(a)  six months from the date of receipt by the relevant  licensing body of the notice of opt 
out; or 
(b)  nine months from that date, where the licensee is a n educational establishment and the 
relevant licensing body has, in its application for  authorisation or a renewal of 
authorisation under regulation 5 or 10, sought the consent of the Secretary of State to 
the later termination date for educational establis hments in specified circumstances and 
the Secretary of State has consented to the later t ermination date in the notice of his 
decision provided under regulation 8. 
(6)  The relevant licensing body shall in respect of eac h Extended Collective Licensing Scheme 
maintain and make available to the public a list of — 
(a)  the names of those non-member right holders who hav e opted out; 
(b)  any relevant works which have been identified as op ted out; and 
(c)  the names of any persons whose rights in relevant w orks are outside the scheme as a 
result of any contractual arrangements which those persons have entered into with the 
relevant licensing body. 
Licensing of works or rights under an Extended Coll ective Licensing Scheme 
17. —(1) A relevant licensing body may only grant, unde r an Extended Collective Licensing 
Scheme, a licence in respect of a relevant work own ed by a non-member right holder which— 
(a)  permits non-exclusive use of the relevant work; 
(b)  has effect as if granted by the right holder in the  relevant work; 
(c)  terminates on or before the expiration, revocation or cancellation of the authorisation of 
the relevant licensing body; and 
(d)  in a case where a non-member right holder has exclu ded from the Extended Collective 
Licensing Scheme their rights in a relevant work, t erminates on the termination date 
determined in accordance with regulations 16(4) and  (5). 
(2)  The grant of a licence in accordance with these Reg ulations or the doing of any act permitted 
by a licence, which is granted in accordance with t hese Regulations, does not constitute an 
infringement of a right holder right in a relevant work for the purposes of the Act. 
(3)  A relevant licensing body must after the terminatio n of a licence deliver to the relevant non-
member right holders any payments due together with  a written statement of account in relation to 
those payments, in accordance with its distribution  policy. 
(4)  A payment referred to in paragraph (3) must be made  as soon as practicable, after a 
termination, and no later than nine months from the  end of the financial year of the relevant 
licensing body in which the licence fee was receive d. 
(5)  A relevant licensing body must maintain a record of  the distributions of the licence fee that it 
has made. 
Licence fee 
18. —(1) The relevant licensing body may deduct a reaso nable administration fee from the 
licence fee which it receives for the grant, under an Extended Collective Licensing Scheme, of a 
licence of a relevant work owned by a non-member ri ght holder. 
(2)  The relevant licensing body must apply the administ ration fee towards the general costs of 
the relevant licensing body and for the benefit of both member and non-member right holders. 
(3)  The relevant licensing body must, as soon as practi cable and no later than nine months from 
the end of the financial year in which a licence fe e was collected, distribute the appropriate portion  
of the net licence fee to those non-member right ho lders who have been identified and located and 
transfer any portion of the net licence fee that re mains undistributed to a designated account.  12  (4)  A non-member right holder may, within three years f rom the end of the financial year in 
which the relevant licensing body received a licenc e fee under an Extended Collective Licensing 
Scheme, produce to the relevant licensing body evid ence of either or both of— 
(a)  a reasonable or achieved level of licence fee, and 
(b)  the level of use to which the relevant work has bee n put during the term of the licence, 
and request the relevant licensing body to adjust t he net licence fee which is distributed under 
paragraph (3) to take account of that level of lice nce fee or of use. 
(5)  A relevant licensing body shall publish information  on the relevant works and other subject 
matter which have been licensed under the Extended Collective Licensing Scheme but for which 
one or more right holders have not been identified or located and shall update the information 
within twelve  months from the end of the financial year in which the licence fee was collected. 
Retention and application of undistributed licence fees 
19. —(1) Subject to paragraph (2), the relevant licensi ng body must transfer a sum equal to the 
net licence fee received in respect of a non-member  right holder from the designated account to 
the Secretary of State where— 
(a)  not less than three years have elapsed from the end  of the financial year in which the 
relevant licensing body received a licence fee unde r an Extended Collective Licensing 
Scheme; and 
(b)  the relevant non-member right holder, who is entitl ed to the licence fee, has not been 
identified or located. 
(2)  Where the Secretary of State has directed the relev ant licensing body to retain the licence fee 
in a designated account, for any period after the e xpiration of the initial three year period, the 
relevant licensing body must retain the licence fee  in the designated account and then transfer the 
licence fee to the Secretary of State at the end of  the period. 
(3)  The Secretary of State must retain any net licence fee, which has not been distributed by the 
relevant licensing body, for a period of 8 years fr om the date of authorisation of the Extended 
Collective Licensing Scheme and may then determine the use of the net licence fee, including, by 
applying some or all of the net licence fee to fund  social, cultural and educational activities for th e 
benefit of non-member right holders. 
Secretary of State’s power to request information 
20. —(1) The Secretary of State may serve notice on any  relevant licensing body requiring it to 
supply to the Secretary of State for any purpose re lated to an Extended Collective Licensing 
Scheme operated by it such information as may be sp ecified or described in the notice, and to 
supply it at a time and place and in a form and man ner so specified. 
(2)  A relevant licensing body shall supply the Secretar y of State with information requested 
under paragraph (1) within 14 days of receipt of th e request. 
 
 
 
 
 Name 
 Parliamentary Under Secretary of State for Busines s, Innovation and Skills 
Date Department for Business, Innovation and Skills 
 
 
 
 
  13  EXPLANATORY NOTE 
(This note is not part of the Regulations) 
The Regulations provide that the Secretary of State  may authorise a relevant licensing body to 
operate an Extended Collective Licensing Scheme for  a period of up to five years and renew the 
authorisation with effect from the end of the initi al authorisation period. 
Regulation 2 defines various terms including “relev ant licensing body” and “Extended 
Collective Licensing Scheme”. Regulation 3 defines “relevant work” and “right holder”. 
Regulation 4 sets out the circumstances in which th e Secretary of State may, if he considers it 
reasonable in the circumstances to do so, authorise  a relevant licensing body to operate an 
Extended Collective Licensing Scheme. 
Regulation 5 sets out the information which is requ ired to accompany an application for 
authorisation. 
Regulation 6 requires the Secretary of State to res pond to an application for authorisation and 
Regulation 7 sets out the authorisation procedure. 
Regulation 8 requires the Secretary of State to not ify the relevant licensing body of his decision 
on authorisation together with his reasons for it. 
Regulation 9 provides that the Secretary of State m ay, if he considers it reasonable in the 
circumstances to do so, renew an application for au thorisation and Regulation 10 sets out the 
information to be supplied in support of an applica tion for renewal. 
Regulation 11 provides for three yearly reviews by the Secretary of State of an Extended 
Collective Licensing Scheme that has been renewed. 
Regulations 12, 14 and 15 provide for the modificat ion, revocation and cancellation of an 
authorisation. 
Regulation 16 makes provision for a right holder to  opt out of an Extended Collective Licensing 
Scheme. 
Regulations 17 and 18 set out certain minimum requi rements for the grant of a licence under an 
Extended Collective Licensing Scheme and for the le vel of licence fee. 
Regulation 19 deals with the retention and applicat ion of licence fees which are paid under an 
Extended Collective Licensing Scheme but cannot be distributed to right holders. 
A full impact assessment of the effect that this in strument will have on the costs of business and 
the voluntary sector is available from the Intellec tual Property Office, Concept House, Cardiff 
Road, Newport NP10 8QQ and is annexed to the Explan atory Memorandum which is available 
alongside the instrument on www.legislation.gov.uk.  Copies have also been placed in the libraries 
of both Houses of Parliament. 
  
  
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