Draft Regulations laid before Parliament under para graph 2(2) of Schedule 2 to the European 
Communities Act 1972, 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 (Public Administration) Regulations 2 014 
Made  - - - - 2014 
Coming into force  - - 1st June 2014 
The Secretary of State is a Minister designated for  the purposes of section 2(2) of the European 
Communities Act 1972( a) in relation to matters relating to copyright( b). 
In accordance with paragraph 2(2) of Schedule 2 to that Act, a draft of this instrument was laid 
before Parliament and approved by a resolution of e ach House of Parliament. 
The Secretary of State, in exercise of the powers c onferred by section 2(2) of that Act makes the 
following Regulations: 
Citation and commencement 
1.  These Regulations may be cited as the Copyright (P ublic Administration) Regulations 2014 
and come into force on 1st June 2014. 
Public administration 
2. —(1) For section 47(2) and (3) of the Copyright, De signs and Patents Act 1988( c) substitute— 
“(2) Where material is open to public inspection pu rsuant to a statutory requirement, 
copyright in the material is not infringed by an ac t to which subsection (3A) applies 
provided that— 
(a) the act is done by or with the authority of the  appropriate person, 
(b) the purpose of the act is— 
 (i) to enable the material to be inspected at a mo re convenient time or place, or 
 (ii) to otherwise facilitate the exercise of any r ight for the purpose of which the 
statutory requirement is imposed, and 
(c) in the case of the act specified in subsection (3A)(c), the material is not 
commercially available to the public by or with the  authority of the copyright 
owner. 
                                                                                                                                            
(a) 1972 c.68; section 2(2) was amended by the Legisl ative and Regulatory Reform Act 2006 (c.51), sectio n 27(1) and the 
European Union (Amendment) Act 2008 (c.7), section 3(3) and Part 1 of the Schedule. 
(b) S.1. 1992/707 and S.I. 1993/595. 
(c) 1988 c.48.  2 (3) Where material which contains information about  matters of general scientific, 
technical, commercial or economic interest is on a statutory register or is open to public 
inspection pursuant to a statutory requirement, cop yright in the material is not infringed by 
an act to which subsection (3A) applies provided th at— 
(a) the act is done by or with the authority of the  appropriate person, 
(b) the purpose of the act is to disseminate that i nformation, and 
(c) in the case of the act specified in subsection (3A)(c), the material is not 
commercially available to the public by or with the  authority of the copyright 
owner. 
(3A) This subsection applies to any of the followin g acts— 
(a) copying the material, 
(b) issuing copies of the material to the public, a nd 
(c) making the material (or a copy of it) available  to the public by electronic 
transmission in such a way that members of the publ ic may access it from a place 
and at a time individually chosen by them.” 
(2)  For section 48(2) and (3) of the Copyright, Designs  and Patents Act 1988 substitute— 
“(2) The Crown may, without infringing copyright in  the work, do an act specified in 
subsection (3) provided that— 
(a) the act is done for the purpose for which the w ork was communicated to the 
Crown, or any related purpose which could reasonabl y have been anticipated by 
the copyright owner, and 
(b) the work has not been previously published othe rwise than by virtue of this 
section. 
(3) The acts referred to in subsection (2) are— 
(a) copying the work, 
(b) issuing copies of the work to the public, and 
(c) making the work (or a copy of it) available to the public by electronic transmission 
in such a way that members of the public may access  it from a place and at a time 
individually chosen by them.” 
Repeal of section 118A of the Patents Act 1977 
3. —(1) Section 118A of the Patents Act 1977( a) (copyright in documents made available 
electronically for inspection under section 118(1))  is repealed. 
(2)  The Patents Act 1977 (Amendment) Regulations 2011( b) (which inserted section 118A into 
the Patents Act 1977) are revoked. 
 
 
 
 
 Name  
 Parliamentary Under Secretary of State for Busines s, Innovation and Skills 
Date Department for Business, Innovation and Skills 
 
 
                                                                                                                                            
(a) 1977 c 37. 
(b) S.I. 2011/2059.  3 EXPLANATORY NOTE 
(This note is not part of the Regulations) 
These Regulations amend the Copyright, Designs and Patents Act 1988 (“the Act”). Article 
5(3)(e) of Directive 2001/29 of the European Parlia ment and of the Council of 22 May 2001 on 
the harmonisation of certain aspects of copyright a nd related rights in the information society (OJ 
No L167, 22.6.2001. p.10) permits Member States to provide for an exception to the copyright and 
related rights provided under the Directive in the case of use to ensure the proper performance or 
reporting of administrative proceedings. These Regu lations amend the way in which this exception 
is implemented in the UK. 
Regulation 2 amends sections 47 and 48 of the Act. These sections contain exceptions to 
copyright in respect of the copying and issue to me mbers of the public of documents which are 
open to public inspection or on an official registe r and of material which is communicated to the 
Crown in the course of public business. The amendme nts extend the exception so as to permit the 
relevant public bodies to publish the material on t he internet so that members of the public may 
access it on-line. 
Regulation 3 repeals section 118A of the Patents Ac t 1977 (inserted by the Patents Act 1977 
(Amendment) Regulations 2011, which amended the Pat ents Act 1977 to permit documents 
comprised in patent files to be made available for inspection by the public on-line). 
A full impact assessment of the effect that this in strument will have on the cost 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 Expla natory Memorandum (together with a 
transposition note) which is available alongside th e instrument on www.legislation.gov.uk. 
  
  
© Crown copyright 2014 
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