The Contracting Out (Functions relating to Broadcast Advertising) and Specification of Relevant Functions Order 2004

Production and retention of recordings

9.—(1) The modifications made by this article have effect in relation to any time at which an authorisation given by OFCOM by virtue of article 3 has effect.

(2) In relation to any such time, section 69 of the Copyright, Designs and Patents Act 1988(1) (no infringement of copyright by use of recordings for certain supervisory purposes) shall have effect as if—

(a) in subsection (2)(d), the reference to section 334(3) of the 2003 Act were a reference to that provision as modified by article 8; and

(b) in subsection (3)—

(i) the reference to the use of any thing mentioned in paragraph (a) or (b) of that subsection by OFCOM in connection with the performance of any function of theirs under the 1990, 1996 or 2003 Act included a reference to the use of that thing by another person in connection with his performance of any such function which he is authorised to perform by virtue of article 3; and

(ii) the reference in paragraph (a) of that subsection to the provision of that thing to OFCOM included a reference to its provision to that other person.

(3) In relation to any such time, paragraph 17 of Schedule 2 to that Act of 1988 (no infringement of rights in performances by use of recordings for certain supervisory purposes) shall have effect as if—

(a) in sub-paragraph (2)(d), the reference to section 334(3) of the 2003 Act were a reference to that provision as modified by article 8; and

(b) in sub-paragraph (3)—

(i) the reference to the use of any thing mentioned in paragraph (a) or (b) of that sub-paragraph by OFCOM in connection with the performance of any function of theirs under the 1990, 1996 or 2003 Act included a reference to the use of that thing by another person in connection with his performance of any such function which he is authorised to perform by virtue of article 3; and

(ii) the reference in paragraph (a) of that sub-paragraph to the provision of that thing to OFCOM included a reference to its provision to that other person.

(1)

1988 c. 48. Section 69 was amended by paragraph 31 of Schedule 10 to the 1996 Act, by paragraph 91 of Schedule 17 to the 2003 Act and by paragraph 1 of Schedule 19 to that Act; and paragraph 17 of Schedule 2 was amended by paragraph 32 of Schedule 10 to the 1996 Act and by paragraph 93 of Schedule 17 to the 2003 Act.