HL Deb 02 November 1988 vol 501 cc323-4

190 Clause 183, page 80, line 15, leave out from 'Part' to end of line 21 and insert 'may apply to the court for an order that the recording be delivered up to him or to such other person as the court may direct.

(2) An application shall not be made after the end of the period specified in section (Period after which remedy of delivery up not available under Part II); and no order shall be made unless the court also makes, or it appears to the court that there are grounds for making, an order under section (Order as to disposal of illicit recording) (order as to disposal of illicit recording).

(3) A person to whom a recording is delivered up in pursuance of an order under this section shall, if an order under section (Order as to disposal of illicit recording) is not made, retain it pending the making of an order, or the decision not to make an order, under that section.

(4) Nothing in this section affects any other power of the court.'.

191 Clause 184, page 80, line 22, leave out subsections (1) to (5) and insert—

'(1) An illicit recording of a performance which is found exposed or otherwise immediately available for sale or hire, and in respect of which a person would be entitled to apply for an order under section 183, may be seized and detained by him or a person authorised by him.

The right to seize and detain is exercisable subject to the following conditions and is subject to any decision of the court under section (Order as to disposal of illicit recording) (order as to disposal of illicit recording).

(2) Before anything is seized under this section notice of the time and place of the proposed seizure must be given to a local police station.

(3) A person may for the purpose of exercising the right conferred by this section enter premises to which the public have access but may not seize anything in the possession, custody or control of a person at a permanent or regular place of business of his, and may not use any force.

(4) At the time when anything is seized under this section there shall be left at the place where it was seized a notice in the prescribed form containing the prescribed particulars as to the person by whom or on whose authority the seizure is made and the grounds on which it is made.'.

192 Page 81, line 4, leave out subsection (8).

Lord Strathclyde

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 190 to 192 en bloc.

Moved, That the House do agree with the Commons in their Amendments Nos. 190 to 192 en bloc.—(Lord Strathclyde.)

On Question, Motion agreed to.