HL Deb 02 November 1988 vol 501 c303

126 Leave out Clause 122 and insert the following new clause—

Effect of order of tribunal as to licence.

'.—(1) Where the Tribunal has made an order under section 119 or 120 and the order remains in force, the person entitled to the benefit of the order shall if he—

  1. (a) pays to the licensing body any charges payable in accordance with the order or, if the amount cannot be ascertained, gives an undertaking to pay the charges when ascertained, and
  2. (b) complies with the other terms specified in the order,
be in the same position as regards infringement of copyright as if he had at all material times been the holder of a licence granted by the owner of the copyright in question on the terms specified in the order.

(2) The benefit of the order may be assigned—

  1. (a) in the case of an order under section 119, if assignment is not prohibited under the terms of the Tribunal's order; and
  2. (b) in the case of an order under section 120, if assignment was not prohibited under the terms of the original licence.'.

Lord Strathclyde

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 126, to which I spoke with Amendment No. 115.

Moved, That the House do agree with the Commons in their Amendment No. 126.—(Lord Strathclyde.)

10.15 p.m.