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Broadcasting Act 1996
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- 1996 c. 55
- Part VII
- Section 139
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- S.I. 2003/766 art. 2 commences (2002 c. 40)
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- S.I. 2004/1492 art. 2 amendment to earlier commencing SI 2003/3142 art. 4
139 Copyright licensing.E+W+S+N.I.
(1)After section 135G of the Copyright, Designs and Patents Act 1988 there is inserted—
“135H Power to amend sections 135A to 135G.
(1)The Secretary of State may by order, subject to such transitional provision as appears to him to be appropriate, amend sections 135A to 135G so as—
(a)to include in any reference to sound recordings any works of a description specified in the order; or
(b)to exclude from any reference to a broadcast or cable programme service any broadcast or cable programme service of a description so specified.
(2)An order shall be made by statutory instrument; and no order shall be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.”
(2)After section 151 of that Act there is inserted—
“151A Award of interest.
(1)Any of the following, namely—
(a)a direction under section 123(3) so far as relating to a licence for broadcasting a work or including a work in a cable programme service;
(b)a direction under section 128(3) so far as so relating;
(c)an order under section 135D(1); and
(d)an order under section 135F confirming or varying an order under section 135D(1),
may award simple interest at such rate and for such period, beginning not earlier than the relevant date and ending not later than the date of the order, as the Copyright Tribunal thinks reasonable in the circumstances.
(2)In this section “the relevant date” means—
(a)in relation to a direction under section 123(3), the date on which the reference was made;
(b)in relation to a direction under section 128(3), the date on which the reference or application was made;
(c)in relation to an order section 135D(1), the date on which the first payment under section 135C(2) became due; and
(d)in relation to an order under section 135F, the date on which the application was made.”
(3)Subsection (2) does not apply in any case where the reference or application to the Copyright Tribunal was or is made before the commencement of this section.
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