HL Deb 02 November 1988 vol 501 cc297-8

119 Clause 117, page 49, line 45, leave out subsection (5).

Lord Strathclyde

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 119.

Moved, That the House do agree with the Commons in their Amendment No. 119.—(Lord Strathclyde.)

Lord Lloyd of Kilgerran had given notice of his intention to move, as an amendment to Commons Amendment No. 119, Amendment No. 119A: 119A That this House do disagree with the Commons in their Amendment 119.

The Viscount of Falkland

My Lords, this is another amendment tabled by my noble friend Lord Lloyd of Kilgerran. It too is consequential upon Amendment No. 144. Clause 117(5) provides that where an order made by the Copyright Tribunal has been varied, the provisions of Clause 117(4) apply to the order as varied, with the result that the beneficiary of the tribunal's order is in the same position as regards copyright infringement as the holder of a licence granted by the copyright owner on the terms specified in the order.

Once again there are complications. I must confess to your Lordships that I find it difficult to press the amendment, in that we appear to have covered the ground already. Under those circumstances I am sure that I shall have the approval of my noble friend if I do not move the amendment.

[Amendment No. 119A not moved.]

On Question, Motion (Commons Amendment No. 119) agreed to.