4 Licensing schemesE+W+S+N.I.
In the Copyright, Designs and Patents Act 1988 (c. 48), after section 31C insert—
“31D Licensing schemes
(1)Section 31B does not apply to the making of an accessible copy in a particular form if—
(a)a licensing scheme operated by a licensing body is in force under which licences may be granted by the licensing body permitting the making and supply of copies of the copyright work in that form;
(b)the scheme is not unreasonably restrictive; and
(c)the scheme and any modification made to it have been notified to the Secretary of State by the licensing body.
(2)A scheme is unreasonably restrictive if it includes a term or condition which—
(a)purports to prevent or limit the steps that may be taken under section 31B or 31C; or
(b)has that effect.
(3)But subsection (2) does not apply if—
(a)the copyright work is no longer published by or with the authority of the copyright owner; and
(b)there are reasonable grounds for preventing or restricting the making of accessible copies of the work.
(4)If section 31B or 31C is displaced by a licensing scheme, sections 119 to 122 apply in relation to the scheme as if it were one to which those sections applied as a result of section 117.”