Document ID: chunk:federal_register_of_legislation:C2004A03029:body:0:p19
Version: federal_register_of_legislation:C2004A03029
Segment Type: other
Provision Reference: 
Character Range: 44564–47235

SCHEDULE 1—continued
be used in the making, by or on behalf of that body, of a handicapped reader's copy of the work, or of the part of the work, as the case may be; and
     (b) the prescribed reproduction—
         (i) is used otherwise than as mentioned in paragraph (a); or
         (ii) is not destroyed within 3 months after its making,
sub-section (11a) does not apply, and shall be deemed never to have applied, in relation to the making of the prescribed reproduction.
"(11c) In sub-sections (11a) and (11b), 'prescribed reproduction', in relation to a work, or a part of a work, means—
     (a) a copy of the work, or of the part of the work;
     (b) a record embodying a sound recording of the work, or of the part of the work; or
     (c) a Braille version, a large-print version, or a photographic version, of the work, or of the part of the work.".

After section 104—
Insert the following section:

Acts done by Parliamentary libraries for members of Parliament
"104a. A copyright subsisting by virtue of this Part is not infringed by anything done, for the sole purpose of assisting a person who is a member of a Parliament in the performance of the person's duties as such a member, by an authorized officer of a library, being a library the principal purpose of which is to provide library services for members of that Parliament.".

Sub-section 195a (1)—
After "Part", insert "(other than sub-section 203h (5) )".

Section 195a—
Add at the end thereof the following sub-sections:
"(3) A reference in this Part to an educational institution, or to an institution assisting handicapped readers, includes a reference to an institution that has at any time been an educational institution, or an institution assisting handicapped readers, as the case may be.
"(4) A reference in this Part to an institution includes a reference to a school of nursing, an undertaking within a hospital, a teacher education centre and an undertaking within a body administering an educational institution.".

Sub-section 203a (5)—
Omit the sub-section, substitute the following sub-section:
"(5) It is a defence to a prosecution of the body administering, or of the officer in charge of, a library or archives for an offence against sub-section (1) in relation to the retention of a declaration, or to a prosecution of the body administering, or of the custodian in charge of the copying records of, an institution for an offence against sub-section (2) in relation to the retention of a record, if the body or person prosecuted (in this sub-section referred to as the 'defendant') satisfies the court that—
     (a) in the case of a prosecution of the officer in charge of