12 On-demand programme services: consequential amendments of the Copyright, Designs and Patents Act 1988
1 The Copyright, Designs and Patents Act 1988 is amended as follows.
1988 c.48
2 In section 69 (copyright: recording for purposes of supervision and control of broadcasts and other services)—
(a) in subsection (1), after “them” insert “or included in any on-demand programme service provided by them”,
(b) in subsection (2)(d), after “334(3)” insert “, 368O(1) or (3)”, and
(c) after subsection (4) insert—

“5 Copyright is not infringed by the use by an appropriate regulatory authority designated under section 368B of the Communications Act 2003, in connection with the performance of any of their functions under that Act, of any recording, script or transcript which is provided to them under or by virtue of any provision of that Act.
6 In this section “on-demand programme service” has the same meaning as in the Communications Act 2003 (see section 368A of that Act).”

3 In paragraph 17 of Schedule 2 (rights in performances: recordings for purposes of supervision and control of broadcasts and other services)—
(a) in sub-paragraph (1), after “them” insert “or included in any on-demand programme service provided by them”,
(b) in sub-paragraph (2)(d), after “334(3)” insert “, 368O(1) or (3)”, and
(c) after sub-paragraph (4) insert—

“5 The rights conferred by this Chapter are not infringed by the use by the appropriate regulatory authority designated under section 368B of the Communications Act 2003, in connection with the performance of any of their functions under that Act, of any recording, script or transcript which is provided to them under or by virtue of any provision of that Act.
6 In this paragraph “on-demand programme service” has the same meaning as in the Communications Act 2003 (see section 368A of that Act).”