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The Collective Management of Copyright (EU Directive) Regulations 2016

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This is the original version (as it was originally made).

Compliance notice

This section has no associated Explanatory Memorandum

37.—(1) Where the Secretary of State thinks that—

(a)a collective management organisation,

(b)a member,

(c)a right holder or a body representing the interests of right holders,

(d)a user or a body representing the interests of users,

(e)an entity to which a provision of these Regulations applies under paragraph (4) of regulation 2, or

(f)an independent management entity,

has failed to comply with its obligations under Part 2 or 3 of these Regulations or under regulation 31 (complaints procedure), 32 (alternative dispute resolution procedures) or 36 (information) the Secretary of State may give a notice (“a compliance notice”) to that person.

(2) A compliance notice must be in writing and must—

(a)state that the Secretary of State thinks that the person has not complied with a provision of these Regulations;

(b)specify the provision in question and state the acts or omissions which the Secretary of State thinks contravene that provision;

(c)request the person, where non-compliance with the provision is continuing,—

(i)to end the non-compliance within such time as the notice may specify;

(ii)to provide such evidence within that period to the satisfaction of the Secretary of State that the non-compliance has ended;

(d)if the Secretary of State thinks fit, request the person to provide a written undertaking in a form which is satisfactory to the Secretary of State, that non-compliance with the provision will not be repeated; and

(e)warn the person that if—

(i)the person does not comply with the compliance notice, or

(ii)the person fails to comply with a written undertaking provided in respect of the compliance notice,

further action may be taken under these Regulations.

(3) The Secretary of State may rescind a compliance notice given to a person under paragraph (1) and where doing so must give the person notice of the rescission.

(4) Where a compliance notice has been given in relation to a failure to comply with these Regulations no action to impose a penalty under regulation 38 (financial penalties) may be taken in relation to that failure unless the person to whom it has been given has failed—

(a)to comply with the compliance notice; or

(b)to comply with a written undertaking provided in respect of a compliance notice.

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