§ 194 Clause 185, page 81, line 7, leave out 'the appropriate consent' and insert 'sufficient consent'.
§ 195 Page 81, line 21, leave out 'the appropriate consent' and insert 'sufficient consent'.
§ 196 Page 81, line 26, leave out subsection (3) and insert—
§ '(3) In subsections (1) and (2) "sufficient consent" means—
- (a) in the case of a qualifying performance, the consent of the performer, and
- (b) in the case of a non-qualifying performance subject to an exclusive recording contract—
- (i) for the purposes of subsection (1)(a) (making of recording), the consent of the performer or the person having recording rights, and
- (ii) for the purposes of subsection (1)(b), (c) and (d) and subsection (2) (dealing with or using recording), the consent of the person having recording rights.
§ The references in this subsection to the person having recording rights are to the person having those rights at the time the consent is given or, if there is more than one such person, to all of them.'.
§ 197 Clause 186, page 82, line 17, leave out subsections (1) and (2) and insert—
§ '(1) The court before which proceedings are brought against a person for an offence under section 185 may, if satisfied that at the time of his arrest or charge he had in his possession, custody or control in the course of a business an illicit recording of a performance, order that it be delivered up to a person having performers' rights or recording rights in relation to the performance or to such other person as the court may direct.
§ (2) For this purpose a person shall be treated as charged with an offence—
- (a) in England, Wales and Northern Ireland, when he is orally charged or is served with a summons or indictment;
- (b) In Scotland, when he is cautioned, charged or served with a complaint or indictment.
§ (3) An order may be made by the court of its own motion or on the application of the prosecutor (or, in Scotland, the Lord Advocate or procurator-fiscal), and may be made whether or not the person is convicted of the offence, but shall not be made—
- (a) after the end of the period specified in section (Period after which remedy of delivery up not available under Part II) (period after which remedy of delivery up not available), or
- (b) if it appears to the court unlikely that any order will be made under section (Order as to disposal of illicit recording) (order as to disposal of illicit recording).'.
§ 198 Page 82, line 29, leave out subsection (4) and insert; and in Scotland, where an order has been made under this section, the person from whose possession, custody or control the illicit recording has been removed may, without prejudice to any other form of appeal under any rule of law, appeal against that order in the same manner as against sentence.'.
§ 199 Page 82, line 31, leave out subsection (5) and insert—
§ '(5) A person to whom an illicit recording is delivered up in pursuance of an order under this section shall retain it pending the making of an order, or the decision not to make an order, under section (Order as to disposal of illicit recording).
§ (6) Nothing in this section affects the powers of the court under section 43 of the Powers of Criminal Courts Act 1973, section 223 or 436 of the Criminal Procedure (Scotland) Act 1975 or Article 7 of the Criminal Justice (Northern Ireland) Order 1980 (general provisions as to forfeiture in criminal proceedings).'.326
§ 200 Leave out Clause 190 and insert the following new clause:
§ 'Period after which remedy of delivery up not available under Part II
§ .—(1) An application for an order under section 183 (order for delivery up in civil proceedings) may not he made after the end of the period of six years from the date on which the illicit recording in question was made, subject to the following provisions.
§ (2) If during the whole or any part of that period a person entitled to apply for an order—
- (a) is under a disability, or
- (b) is prevented by fraud or concealment from discovering the facts entitling him to apply,
§ (3) In subsection (2) "disability"—
- (a) in England and Wales, has the same meaning as in the Limitation Act 1980;
- (b) in Scotland, means legal disability within the meaning of the Prescription and Limitation (Scotland) Act 1973;
- (c) in Northern Ireland, has the same meaning as in the Statute of Limitations (Northern Ireland) 1958.
§ (4) An order under section 186 (order for delivery up in criminal proceedings) shall not, in any case, be made after the end of the period of six years from the date on which the illicit recording in question was made.'.
§ Lord Strathclyde
My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 194 to 200 en bloc.
§ Moved, That the House do agree with the Commons in their Amendments Nos. 194 to 200 en bloc.—(Lord Strathclyde.)
§ On Question, Motion agreed to.