S T A T U T O R Y  I N S T R U M E N T S  
2016 No. 593 (C. 40) 
COPYRIGHT 
The Enterprise and Regulatory Reform Act 2013 
(Commencement No. 10 and Saving Provisions) Order 2 016 
Made - - - - 18th May 2016 
The Secretary of State makes the following Order in  exercise of the powers conferred by sections 
100 and 103(3) of the Enterprise and Regulatory Ref orm Act 2013( a). 
Citation 
1.  This Order may be cited as the Enterprise and Regu latory Reform Act 2013 (Commencement 
No. 10 and Saving Provisions) Order 2016. 
Interpretation 
2. —(1) In this Order— 
“commencement date” means 28th July 2016; 
“consultation time” means half-past four in the aft ernoon on 28th October 2015; 
“depletion date” means 28th January 2017; 
“relevant copy” means a copy of an artistic work th at was made in, or imported into, the 
United Kingdom— 
(a)  before the consultation time; or 
(b)  on or after the consultation time but before the de pletion date pursuant to a contract 
entered into before the consultation time; 
“the 1988 Act” means the Copyright, Designs and Pat ents Act 1988( b). 
(2)  Words and expressions used in this Order have the s ame meaning as in Part 1 of the 1988 
Act. 
Day appointed for the coming into force of section 74 
3.  The day appointed for the coming into force of sec tion 74 of the Enterprise and Regulatory 
Reform Act 2013 is the commencement date. 
Saving provisions – articles made in, or imported i nto, the United Kingdom 
4. —(1) This article applies to the following acts don e on or after the commencement date but 
before the depletion date— 
                                                                                                                                            
(a) 2013 c.24 
(b) 1988 c.48  2(a)  the copying of an artistic work; 
(b)  the provision of means for making a copy of an arti stic work; and 
(c)  the importation into the United Kingdom of a copy o f an artistic work. 
(2)  An act of a kind mentioned in paragraph (1) does no t constitute an infringement of copyright 
if— 
(a)  that act is done pursuant to a contract entered int o before the consultation time; and 
(b)  before the commencement date that act would not, by  virtue of section 52 of the 1988 
Act, have constituted an infringement of copyright.  
5.  The following acts done on or after the commenceme nt date but before the depletion date do 
not constitute an infringement of copyright in an a rtistic work if before the commencement date 
those acts would not, by virtue of section 52 of th e 1988 Act, have constituted an infringement of 
copyright— 
(a)  the issue of a relevant copy to the public; 
(b)  the renting or lending of a relevant copy to the pu blic; or 
(c)  the communication to the public of the artistic wor k in connection with anything done in 
reliance on paragraphs (a) or (b). 
 
 Neville-Rolfe  
 Parliamentary Under Secretary of State for Busines s, Innovation and Skills 
18th May 2016 Department for Business, Innovation a nd Skills 
 
 
EXPLANATORY NOTE 
(This note is not part of the Order) 
This is the tenth Commencement Order made under the  Enterprise and Regulatory Reform Act 
2013 (c.24) (“the Act”). 
This Order brings into force section 74 of the Act which repeals section 52 of the Copyright, 
Designs and Patents Act 1988 (“the 1988 Act”). Sect ion 52 introduced a copyright exception into 
United Kingdom law relating to the industrial explo itation of artistic works, which limits 
copyright protection to a period of 25 years from t he end of the year in which such articles are first  
marketed. 
The transitional provision in article 4(1) provides  for the making, the provision of means for 
making, or the importation of a copy of an artistic  work after the commencement date if it is 
pursuant to a contract entered into before the cons ultation time, and before the commencement 
date that act would not have constituted an infring ement of copyright by virtue of section 52 of the 
1988 Act. The transitional provision in article 5 p rovides for what can be done with those copies 
after commencement, and also with copies that were already in existence before the consultation 
time (this would cover, for example, the physical s ale of such copies and the marketing of those 
copies by way of online advertising on a website).  
 
NOTE AS TO EARLIER COMMENCEMENT ORDERS 
(This note is not part of the Order) 
Provision Date of Commencement S.I. No. 
Section 7(1) 6th April 2014 2014/253 
Section 7(2) (partially) 6th March 2014 2014/253 
Section 7(2) (remainder) 6th April 2014 2014/253 
Sections 8 and 9 6th April 2014 2014/253 
Section 14 29th July 2013 2013/1648 
Section 15(10) 29th July 2013 2013/1648  3Section 16 6th April 2014 2014/253 
Section 19 25th June 2013 2013/1455 
Section 23 29th July 2013 2013/1648 
Section 25(1) and (2) 1st October 2013 2013/2227 
Section 25(3) 1st April 2014 2014/416 
Section 25(4) 1st October 2013 2013/2227 
Section 26 1st April 2014 2014/416 
Section 27 1st October 2013 2013/2227 
Sections 29 to 51 1st April 2014 2014/416 
Sections 54 to 58 1st April 2014 2014/416 
Sections 60 and 61 6th April 2014 2014/416 
Section 63 (partially) 25th June 2013 2013/1455 
Section 63 (partially) 1st October 2013 2013/2227 
Section 63 (partially) 6th April 2014 2014/416 
Section 65 1st October 2013 2013/2227 
Section 66 6th April 2014 2014/416 
Sections 67 to 70 1st October 2013 2013/2227 
Section 71 6th April 2016 2016/191 
Section 72(1) 25th June 2013 2013/1455 
Section 72(2) and (3) 16th December 2013 2013/2979 
Section 72(4) (partially) 25th June 2013 2013/1455 
Section 72(4) (partially) 1st October 2013 2013/145 5 
Section 72(4) (partially, in relation to 
England only)(4) 1st October 2013 2013/1455( a) 
Section 72(4) (partially, in relation to 
England only) 16th December 2013 2013/2979 
Section 72(4) (partially) 16th December 2013 2013/2 979 
Section 72(4) (partially, in relation to 
England only) 31st December 2014 2013/2979( b) 
Section 72(4) (partially in relation to 
Scotland) 15th September 2014 2014/2481 
Section 73 (partially) 1st October 2013 2013/2227 
Sections 79 to 82 1st October 2013 2013/2227 
Section 90(7) 1st October 2013 2013/2227 
Schedule 1, paragraphs 2 and 3 6th March 2014 2014/ 253 
Schedule 1 (remainder) 6th April 2014 2014/253 
Schedules 2 and 3 6th April 2014 2014/253 
Schedule 4, paragraphs 1 to 18, 20 to 28, 
29(1), 31, 32, 34, 35, 51 (partially), 52 
(partially), 53 (partially), 59, 60, 61(1) to (4), 
and 62 to 65 1st October 2013 2013/2227 
Schedule 4 (remainder) 1st April 2014 2014/416 
Schedules 5 to 13 1st April 2014 2014/416 
Schedule 14 (paragraphs 1 to 19 and 23 to 
29) 1st April 2014 2014/416 
Schedule 15 1st April 2014 2014/416 
Schedule 16 6th April 2014 2014/416 
In Schedule 17— 
Paragraphs 1 to 6 1st October 2013 2013/2227 
                                                                                                                                            
(a) S.I. 2013/1455 (C. 55) was amended by S.I. 2013/2 271 (C. 94) in relation to the commencement of this  provision. 
(b) S.I. 2013/2979 (C. 122) was amended by S.I. 2014/ 824 (C. 33) and S.I. 2014/2481 in relation to the c ommencement of this 
provision.  4£4.25 
UK201605194   05/2016   19585 
http://www.legislation.gov.uk/id/uksi/2016/593 Paragraph 9 25th June 2013 2013/1455 
Paragraph 10 1st October 2013 2013/2227 
Paragraph 11 6th April 2014 2014/416 
Paragraphs 12 and 13 1st October 2013 2013/2227 
Paragraphs 14 to 19 6th April 2014 2014/416 
Paragraph 20 25th June 2013 2013/1455 
In Schedule 20— 
Paragraph 1 1st October 2013 2013/1455 
Paragraph 2 (partially) 25th June 2013 2013/1455 
Paragraph 2 (partially in relation to England 
only) 1st October 2013 2013/1455 
Paragraph 2 (partially in relation to England 
only) 16th December 2013 2013/2979 
Paragraph 2 (partially) 16th December 2013 2013/297 9 
Paragraph 2 (partially in relation to England 
only) 31st March 2014 2013/2979 
Paragraph 2 (partially in relation to Scotland) 15t h September 2014 2014/2841 
Schedule 21, paragraph 5 1st October 2013 2013/2227  
 
  
  
© Crown copyright 2016 
Printed and published in the UK by The Stationery O ffice Limited under the authority and superintenden ce of Carol Tullo, 
Controller of Her Majesty’s Stationery Office and Q ueen’s Printer of Acts of Parliament.