§ 103 Clause 102, page 41, line 27, leave out from 'which' to ', where' in line 28 and insert 'Crown copyright subsists'.
§ 104 Clause 104, page 42, line 33, leave out subections (1) and (2) and insert—
§ '(1) The court before which proceedings are brought against a person for an offence under section 103 may, if satisfied that at the time of his arrest or charge—
- (a) he had in his possession, custody or control in the course of a business an infringing copy of a copyright work, or
- (b) he had in his possession, custody or control an article specifically designed or adapted for making copies of a particular copyright work, knowing or having reason to believe that it had been or was to be used to make infringing copies,
- (a) in England, Wales and Northern Ireland, when he is orally charged or is served with a summons or indictment;
- (b) in Scotland, when he is cautioned, charged or served with a complaint or indictment.
§ (3) An order may be made by the court of its own motion or on the application of the prosecutor (or, in Scotland, the Lord Advocate or procurator-fiscal), and may be made whether or not the person is convicted of the offence, but shall not be made—
- (a) after the end of the period specified in section (period after which remedy of delivery up not available under Part I) (period after which remedy of delivery up not available), or
- (b) if it appears to the court unlikely that any order will be made under section (Order as to disposal of infringing copy or other article) as to disposal of infringing copy or other article).'.
§ 104 Page 43, line 5, leave out subsection (4) and insert '; and in Scotland, where an order has been made under this section, the person from whose possession, custody or control the infringing copy or article has been removed may, without prejudice to any other form of appeal under any rule of law, appeal against that order in the same manner as against sentence.'.
§ 106 Page 43, line 7, leave out subsection (5) and insert—
§ '(5) A person to whom an infringing copy or other article is delivered up in pursuance of an order under this section shall retain it pending the making of an order, or the decision not to make an order, under section (Order as to disposal of infringing copy or other article).
§ (6) Nothing in this section affects the powers of the court under section 43 of the Powers of Criminal Courts Act 1973, section 223 or 436 of the Criminal Procedure (Scotland) Act 1975 or Article 7 of the Criminal Justice (Northern Ireland) Order 1980 (general provisions as to forfeiture in criminal proceedings).'.
§ 107 Clause 109, leave out Clause 109 and insert the following new clause:
§ 'Period after which remedy of delivery up not available under Part I.
§ .—(1) An application for an order under section 94 (order for delivery up in civil proceedings) may not be made after the end of the period of six years from the date on which the infringing copy or article in question was made, subject to the following provisions.
§ (2) If during the whole or any part of that period the copyright owner—
- (a) is under a disability, or
- (b) is prevented by fraud or concealment from discovering the facts entitling him to apply for an order,
§ (3) In subsection (2) "disability"—
- (a) in England and Wales, has the same meaning as in the Limitation Act 1980;
- (b) in Scotland, means legal disability within the meaning of the Prescription and Limitation (Scotland) Act 1973;
- (c) in Northern Ireland, has the same meaning as in the Statute of Limitations (Northern Ireland) 1958.
§ (4) An order under section 104 (order for delivery up in criminal proceedings) shall not, in any case, be made after the end of the period of six years from the date on which the infringing copy or article in question was made.'.
§ Lord Strathclyde
My Lords, I beg to move that the House do agree with the Commons Amendments Nos. 103 to 107 en bloc. They were spoken to in connection with Amendment No. 1.
§ Moved, That the House do agree with the Commons in their Amendments Nos. 103 to 107 en bloc.— (Lord Strathclyde.)
§ On Question, Motion agreed to.