YouTube has been recommending this to me on and off for years, probably since I first watched a Tom Scott video. I've still never actually watched it, because I really don't need a Tom Scott explainer of copyright. (-:
When the The Copyright and Related Rights Regulations 2003 (https://www.legislation.gov.uk/uksi/2003/2498/regulation/8) is repealed at the end of 2023, because it is Retained EU Law pursuant to an E.U. Directive (https://www.legislation.gov.uk/eudr/2001/29/article/5) made under the authority of the European Communities Act 1972, and making temporary copies in HTTP proxies and WWW browser caches becomes illegal again in the U.K. (which was one fault in a 1988 Act that the 2003 regulations were fixing), I wonder whether Tom Scott will notice.
The government have backpedaled hard from their pogram against EU law, I suspect because someone finally managed to get across that just expunging a huge swathe of legislation without anyone knowing what exactly the result would be is bad for business.
If you look at s1(6) of the Retained EU Law Act [1]:
> The revocation of an instrument by subsection (1) does not affect an amendment made by the instrument to any other enactment.
If you read the Explanatory Notes to the Commons Bill, it states this at paragraph 71 on page 11 [3]:
> Subsection (3) clarifies that any amendments made by EU-derived subordinate legislation and RDEUL are not within scope of subsection (1). For example, where an instrument made under section 2(2) ECA 19721 is revoked by the sunset, if that instrument amended primary legislation, the amendment in the primary legislation will be unaffected.
(Subsection 1(3) is now subsection 1(6) due to amendments, but the text of the subsection is unchanged.)
The Copyright and Related Rights Regulations 2003 amends the CDPA - and the particular clause you refer to has been inserted in to the CDPA as s28A. Were the regulation to cease to apply due to s1 of the Retained EU Law Act, it wouldn't matter because all it does is amend CDPA so falls within the amending exception.
As the Bill passed through Parliament, it was amended to require the Government to fully explicate all the legislation that would be affected and include it in a Schedule to the Bill. If you check the schedules, the CRR isn't on there.
The government have published a commented list of this schedule as an OpenDocument spreadsheet which gives a little more explanation of why they're repealing each particular one. [3] If you download it and CTRL-F for copyright, the only entry is the Artist's Resale Right (Amendment) Regulations 2009 which it lists as superseded by the 2011 regulations but not formally repealed.
The Retained EU Law Act is likely to have some important effects, and there are some important legal provisions like the Working TIme Directive and various bits of environmental law that will be going through the process in s1, but on copyright, it does nothing. Certainly not repealing s28A of CDPA.
When the The Copyright and Related Rights Regulations 2003 (https://www.legislation.gov.uk/uksi/2003/2498/regulation/8) is repealed at the end of 2023, because it is Retained EU Law pursuant to an E.U. Directive (https://www.legislation.gov.uk/eudr/2001/29/article/5) made under the authority of the European Communities Act 1972, and making temporary copies in HTTP proxies and WWW browser caches becomes illegal again in the U.K. (which was one fault in a 1988 Act that the 2003 regulations were fixing), I wonder whether Tom Scott will notice.