This is the latest 9 Feb 2010 draft of S.42 of the DEB, the section that provides for the licensing of orphan works. This draft is as amended at the Committee stage. From
http://services.parliament.uk/bills/2009-10/digitaleconomy/documents.htm...

42 Extension and regulation of licensing of copyright and performers’ rights
(1) In the Copyright, Designs and Patents Act 1988 (the “1988 Act”) after section
116 insert—
“Additional licensing and regulation
116A Licensing of orphan works
(1) The Secretary of State may by regulations provide for authorising a
licensing body or other person to do, or to grant licences to do, acts in
relation to an orphan work which would otherwise require the consent
of the copyright owner.
(2) An authorisation or licence under the regulations in favour of any
person must not preclude any authorisation or licence in favour of
another person.
(3) The regulations may provide for the treatment of royalties or other
sums paid in respect of an authorisation or licence, including—
(a) the deduction of administrative costs;
(b) the period for which sums must be held for the copyright
owner;
(c) the treatment of sums after that period (as bona vacantia or
otherwise).
(4) The regulations may provide for determining the rights and obligations
of any person if an interest in copyright ceases to be included in an
orphan works register (see section 116C).
(5) The regulations may provide for the Secretary of State to determine
whether any requirement of the regulations for a person’s becoming or
remaining authorised has been met or ceased to be met.
116B Extended licensing schemes
(1) The Secretary of State may by regulations provide for authorising a
licensing body to grant copyright licences (within the meaning of
section 116) in respect of works in which copyright is not owned by the
body or a person on whose behalf the body acts.
(2) The regulations may not authorise the grant of a licence—
(a) in respect of an unpublished work, unless it is a broadcast or a
work included in a broadast, or
(b) in respect of rights excluded by notice given by the copyright
owner in accordance with the regulations.
(3) Subsections (2) to (5) of section 116A apply to regulations under this
section (but subsections (3)(b) and (c) and (4) apply only in relation to
an orphan work).
116C Orphan works: supplementary
(1) A work is an orphan work, for the purposes of an authorisation given
or to be given to a person (an “authorised person”) under section 116A
or 116B, if any interest in copyright in the work is entered in a register
maintained for the purposes of this section by that person (an “orphan
works register”).
(2) An authorisation in respect of an orphan work does not affect the need
for any consent—
(a) from the owner of an interest not entered in the authorised
person’s orphan works register (except in the case of an
authorisation under section 116B that extends to other
interests), or
(b) from the owner of an interest that is entered in that register, if
the authorisation does not apply to that interest.
(3) An authorised person must not enter an interest in an orphan works
register unless the authorised person—
(a) has complied with the requirements of subsection (8) in respect
of that interest and has not found the owner of the interest, or
(b) has reasonable grounds for believing that another person has
complied with those requirements in respect of that interest and
that the owner of that interest has not been found.
(4) An entry in an orphan works register relating to an interest in copyright
must include the record kept in accordance with subsection (8)(c).
(5) If an authorised person finds the owner of an interest entered in that
authorised person’s orphan works register, the authorised person must
remove the entry.
(6) If in relation to an interest entered in an authorised person’s orphan
works register, the authorised person—
(a) is aware that the requirements of subsection (8) were not
complied with, or
(b) is aware of information that makes it no longer reasonable to
rely on what was done in compliance with those requirements,
the authorised person must comply as soon as possible with the
requirements of subsection (8) or remove the entry.
(7) A failure by an authorised person to comply with any of subsections (3)
to (6) in relation to an interest to which an authorisation applies—
(a) does not affect the authorisation in relation to that interest,
except so far as regulations may provide, but
(b) is actionable as a breach of statutory duty owed to the owner of
that interest.
(8) The requirements of this subsection in respect of any interest in
copyright are—
(a) to carry out a reasonable search to find or, if necessary, to
identify and find, the owner of the interest,
(b) after the search, to publish notice of the proposal to enter the
interest in an orphan works register, in a way designed to bring
the proposal to the attention of the owner of that interest, and
(c) to keep a sufficient record of the steps taken under paragraphs
(a) and (b) and of the results of those steps.
(9) For the purposes of subsection (8)(a) the person carrying out the search
must in particular—
(a) make such use as is reasonable of sources of information,
including sources within subsection (11), relating to the work’s
apparent country of origin, and
(b) have regard to any presumptions under section 104 or 105 that
would apply in relation to the work in any proceedings.
(10) The sources referred to in subsection (9)(a) are—
(a) licensing bodies;
(b) associations of publishers or authors;
(c) systems for identifying works of the type concerned;
(d) published library catalogues and indexes;
(e) public databases, including public records that may indicate
successors in title.
(11) For the purposes of subsection (9)(a) a work’s apparent country of
origin is the country which the person carrying out the search
reasonably believes is most likely to be—
(a) the country of the work’s first publication, or
(b) if the work has not been published, the country with which its
making is most closely connected.
(12) Any guidance issued by the Secretary of State must be taken into
account in deciding whether the requirements of subsection (8) have
been complied with.
(13) The Secretary of State may by regulations amend any of the preceding
provisions of this section.
116D Regulation and enforcement
Schedule A1 confers powers to provide for—
(a) codes of practice relating to licensing bodies, and
(b) the regulation of licensing bodies and of other persons
authorised under section 116A or 116B.
116E General
(1) Nothing in section 116B or Schedule A1 applies in relation to Crown
copyright or Parliamentary copyright.
(2) The powers conferred by sections 116A to 116C and Schedule A1
include in particular power—
(a) to make incidental, supplementary or consequential provision;
(b) to make different provision for different purposes;
(c) to extend or restrict the jurisdiction of the Copyright Tribunal.
(3) The power referred to in subsection (2)(a) to make consequential
provision includes power to amend this Part.
(4) The power to make regulations under sections 116A to 116C and
Schedule A1 is exercisable by statutory instrument.
(5) A statutory instrument containing such regulations is subject to
annulment in pursuance of a resolution of either House of Parliament,
but that is subject to subsection (6).
(6) Subsection (7) applies to a statutory instrument containing any of the
following—
(a) the first regulations made under section 116A;
(b) the first regulations made under section 116B;
(c) the first regulations made under paragraph 1 of Schedule A1;
(d) the first regulations made under paragraph 3 of Schedule A1;
(e) regulations under sections 116A to 116C or Schedule A1
amending section 116C or another provision of this Part.
(7) The statutory instrument may not be made unless a draft of the
instrument has been laid before and approved by a resolution of each
House of Parliament.”
(2) Schedule 2 (which inserts Schedule A1 to the 1988 Act and makes provision in
relation to performers’ property rights corresponding to provision made by
this section in relation to copyright) has effect.
(3) In the 1988 Act insert in the appropriate place—
(a) in section 179 (index of defined expressions in Part 1)—
“orphan work section 116C”;
(b) in section 212 (index of defined expressions in Part 2)—
“orphan right paragraph 1C of Schedule 2A”.
.