HL Deb 02 November 1988 vol 501 c284

90 Clause 94, page 38, line 19, leave out from 'work' to end of line 24 and insert 'may apply to the court for an order that the infringing copy or article 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 I) (period after which remedy of delivery up not available); 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 infringing copy or other article) (order as to disposal of infringing copy or other article).

(3) A person to whom an infringing copy or other article is delivered up in pursuance of an order under this section shall, if an order under section (Order as to disposal of infringing copy or other article) 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.'.

91 Clause 95, page 38, line 25, leave out subsections (1) to (5) and insert—

'(1) An infringing copy of a work which is found exposed or otherwise immediately available for sale or hire, and in respect of which the copyright owner would be entitled to apply for an order under section 94, 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 infringing copy or other article).

(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.'.

92 Page 39, line 8, leave out subsection (8).

Lord Strathclyde

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 90 to 92 en bloc. These amendments were spoken to during the debate on Amendment No. 46.

Moved, That the House do agree with the Commons in their Amendments Nos. 90 to 92 en bloc.—(Lord Strathclyde.)

On Question, Motion agreed to.