{
  "url": "https://openlegislation.uk/copyright-designs-and-patents-act-1988/schedule-A1/paragraph-5",
  "json_url": "https://openlegislation.uk/copyright-designs-and-patents-act-1988/schedule-A1/paragraph-5.json",
  "legislation": "ukpga/1988/48",
  "legislation_title": "Copyright, Designs and Patents Act 1988",
  "legislation_url": "https://openlegislation.uk/copyright-designs-and-patents-act-1988",
  "path": "schedule/A1/paragraph/5",
  "kind": "paragraph",
  "number": "5",
  "heading": null,
  "text": "(1) The Secretary of State may by regulations provide for the consequences of a failure by a licensing body to comply with—\n(a) a requirement to adopt a code of practice under provision within paragraph 1(1);\n(b) a code of practice that has been adopted by the body in accordance with a requirement under provision within paragraph 1(1), or that has effect as one adopted by the body under provision within paragraph 1(2);\n(c) a requirement imposed on the body under any other provision made under this Schedule;\n(d) an authorisation under regulations under section 116A or 116B;\n(e) a requirement imposed by regulations under section 116A or 116B;\n(f) an authorisation under regulations under paragraph 1A or 1B of Schedule 2A;\n(g) a requirement imposed by regulations under paragraph 1A or 1B of that Schedule.\n(2) The regulations may in particular provide for—\n(a) the imposition of financial penalties or other sanctions;\n(b) the imposition of sanctions on a director, manager or similar officer of a licensing body or, where the body's affairs are managed by its members, on a member.\n(3) The regulations must include provision—\n(a) for determining whether there has been a failure to comply with a requirement or code of practice for the purposes of any provision made under sub-paragraph (1);\n(b) for determining any sanction that may be imposed in respect of the failure to comply;\n(c) for an appeal against a determination within paragraph (a) or (b).\n(4) A financial penalty imposed under sub-paragraph (2) must not be greater than £50,000.\n(5) The regulations may provide for a determination within sub-paragraph (3)(a) or (3)(b) to be made by the Secretary of State or by a person designated by the Secretary of State under the regulations.\n(6) The regulations may make provision for requiring a person to give the person by whom a determination within sub-paragraph (3)(a) falls to be made (the “adjudicator”) any information that the adjudicator reasonably requires for the purpose of making that determination.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Sch. A1 inserted (25.4.2013) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(1), Sch. 22 para. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/1988/48/schedule/A1/paragraph/5",
    "retrieved_at": "2026-10-29T09:47:40.311838+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}