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Copyright (Visually Impaired Persons) Act 2002

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5Limitations, etc. following infringement of copyright

In the Copyright, Designs and Patents Act 1988 (c. 48), after section 31D insert—

31ELimitations, etc. following infringement of copyright

(1)The Secretary of State may make an order under this section if it appears to him that the making of copies—

(a)under section 31B; or

(b)under a licence granted under a licensing scheme that has been notified under section 31D,

has led to infringement of copyright on a scale which, in the Secretary of State’s opinion, would not have occurred if section 31B had not been in force, or the licence had not been granted.

(2)The order may prohibit one or more named approved bodies, or one or more specified categories of approved body, from—

(a)acting under section 31B; or

(b)acting under a licence of a description specified in the order.

(3)The order may disapply—

(a)the provisions of section 31B; or

(b)the provisions of a licence, or a licensing scheme, of a description specified in the order,

in respect of the making of copies of a description so specified.

(4)If the Secretary of State proposes to make an order he must, before making it, consult—

(a)such bodies representing copyright owners as he thinks fit; and

(b)such bodies representing visually impaired persons as he thinks fit.

(5)If the Secretary of State proposes to make an order which includes a prohibition he must, before making it, consult—

(a)if the proposed order is to apply to one or more named approved bodies, that body or those bodies;

(b)if it is to apply to one or more specified categories of approved body, to such bodies representing approved bodies of that category or those categories as he thinks fit.

(6)An approved body which is prohibited by an order from acting under a licence may not apply to the Copyright Tribunal under section 121(1) in respect of a refusal or failure by a licensing body to grant such a licence.

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