PART 2Amendments to the 1988 Act

Making and supply of accessible copies by authorised bodies13

1

Paragraph 3B (making and supply of accessible copies by authorised bodies)M1 is amended as follows.

2

In the paragraph heading for “and supply” substitute “ communicating, making available, distributing or lending ”.

3

For sub-paragraph (1) substitute—

1

If—

a

an authorised body has lawful access to the whole or part of a work which has been published or otherwise made available, and

b

the body complies with sub-paragraph (1A),

the body may, without infringing the rights conferred by this Chapter, make, communicate, make available, distribute or lend accessible copies of the work on a non-profit basis for the personal use of disabled persons in the United Kingdom or another member State of the European Union.

1A

An authorised body complies with this sub-paragraph if it—

a

distributes, communicates, makes available or lends accessible copies only to disabled persons or other authorised bodies,

b

takes appropriate steps to discourage the unauthorised reproduction, distribution, communication to the public or making available to the public of accessible copies,

c

demonstrates due care in, and maintains records of, its handling of works and accessible copies, and

d

publishes and updates, on its website if appropriate, or through other online or offline channels, information on how it complies with the obligations in paragraphs (a), (b) and (c).

4

Omit sub-paragraphs (2) and (3).

5

In sub-paragraph (4)—

a

for “sub-paragraphs (1) and (2)” substitute “ sub-paragraph (1) ”;

b

for “supply” substitute “ communicate, make available, distribute or lend ”;

c

for “includes supply” substitute “ includes to communicate, make available, distribute or lend ”.

6

Omit sub-paragraphs (5) to (7).

7

In sub-paragraph (8)—

a

for “supply” substitute “ communicate, make available, distribute or lend ”;

b

after “another authorised body” insert “ established in the United Kingdom or in another member State of the European Union ”.

8

Omit sub-paragraph (9).

9

After sub-paragraph (10), insert—

11

In this paragraph “dealt with” means sold or let for hire or offered or exposed for sale or hire.