5.—(1) Paragraph (2) applies to a copy of a work—
(a)made before the date on which these Regulations come into force, and
(b)which could have been made under section 28B of the Act had that section been in force at the time when the copy was made.
(2) On and after the date on which these Regulations come into force, the copy is to be treated as a personal copy of the work made under section 28B of the Act (therefore it is not an infringing copy by virtue of section 27(2) of the Act even if its making infringed copyright).
(3) Paragraph (4) applies to a copy of a recording of a performance—
(a)made before the date on which these Regulations come into force, and
(b)which could have been made under paragraph 1B of Schedule 2 to the Act had that paragraph been in force at the time when the copy was made.
(4) On and after the date on which these Regulations come into force, the copy is to be treated as a personal copy of the recording made under paragraph 1B of Schedule 2 to the Act.