19(1)This paragraph applies where a broadcast made from a place in the United Kingdom is, by reception and immediate re-transmission, included in a cable programme service.
(2)The rights conferred by Part II in relation to a performance or recording included in the broadcast are not infringed—
(a)if the inclusion of the broadcast in the cable programme service is in pursuance of a requirement imposed under section 13(1) of the [1984 c. 46.] Cable and Broadcasting Act 1984 (duty of Cable Authority to secure inclusion in cable service of certain programmes), or
(b)if and to the extent that the broadcast is made for reception in the area in which the cable programme service is provided;
but where the making of the broadcast was an infringement of those rights, the fact that the broadcast was re-transmitted as a programme in a cable programme service shall be taken into account in assessing the damages for that infringement.
(3)Expressions used in this paragraph have the same meaning as in section 73.