Copyright and Trade Marks Bill [H.L.] - continued        House of Lords

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  PART III
  SEARCH, SEIZURE AND FORFEITURE
Search warrants.     4. - (1) In section 109 of the 1988 Act (search warrants), in subsection (1)(a) for "section 107(1)(a), (b), (d)(iv) or (e)" substitute "section 107".
 
      (2) In section 200 of the 1988 Act (search warrants), in subsection (1)(a) for "section 198(1)(a), (b) or (d)(iii) (offences of making, importing or distributing illicit recordings)" substitute "section 198".
 
Seizure.     5. - (1) In section 100 of the 1988 Act (right to seize infringing copies and other articles)-
 
 
    (a) in subsection (3), at the beginning insert "Subject to subsection (3A)"; and
 
    (b) after subsection (3) insert-
 
    "(3A) The restriction in subsection (3) in respect of the seizure of anything at a permanent or regular place of business shall not apply in the case of-
 
 
    (a) any stall or moveable structure of whatever nature;
 
    (b) any vehicle;
 
    (c) any premises which are unlawfully occupied; or
 
    (d) anything exposed or otherwise immediately available for sale or hire on any highway (within the meaning of the Highways Act 1980)."
      (2) In section 196 of the 1988 Act (right to seize illicit recordings)-
 
 
    (a) in subsection (3), at the beginning insert "Subject to subsection (3A)"; and
 
    (b) after subsection (3) insert-
 
    "(3A) The restriction in subsection (3) in respect of the seizure of anything at a permanent or regular place of business shall not apply in the case of-
 
 
    (a) any stall or moveable structure of whatever nature;
 
    (b) any vehicle;
 
    (c) any premises which are unlawfully occupied; or
 
    (d) anything exposed or otherwise immediately available for sale or hire on any highway (within the meaning of the Highways Act 1980)."
Forfeiture.     6. - (1) After section 114 of the 1988 Act (order as to disposal of infringing copy or other article), insert the following section-
 
 
"Forfeiture of infringing copy in connection with criminal offence.     114A. - (1) In England and Wales or Northern Ireland where there has come into the possession of any person in connection with the investigation or prosecution of a relevant offence any article which appears to him to be an infringing copy of a copyright work, that person may apply under this section for an order for the forfeiture of that article to the copyright owner.
 
    (2) An application under this section may be made-
 
 
    (a) where proceedings have been brought in any court for a relevant offence relating to that article, to that court;
 
    (b) where no application for the forfeiture of the article has been made under paragraph (a), by way of complaint to a magistrates' court.
      (3) On an application under this section the court shall make an order for the forfeiture of the article if it is satisfied that a relevant offence has been committed in relation to the article.
 
      (4) A court may infer for the purposes of this section that such an offence has been committed in relation to any article if it is satisfied that such an offence has been committed in relation to articles which are representative of it (whether by reason of being of the same design or part of the same consignment or batch or otherwise).
 
      (5) Any person aggrieved by an order made under this section by a magistrates' court regarding a decision of such a court not to make such an order, may appeal against that order or decision-
 
 
    (a) in England and Wales, to the Crown Court;
 
    (b) in Northern Ireland, to the county court;
  and an order so made may contain such provisions as appears to the court to be appropriate for delaying the coming into force of the order pending the making and determination of any appeal (including any application under section 111 of the Magistrates' Courts Act 1980 or Article 146 of the Magistrates' Courts (Northern Ireland) Order 1981 (statement of case).
 
      (6) For the purposes of this section a "relevant offence" means an offence under section 107."
 
      (2) After section 204 of the 1988 Act (order as to disposal of illicit recording) insert the following section-
 
 
"Forfeiture of illicit recording in connection with criminal offence.     204A. Section 114A shall apply in relation to an illicit recording and an offence under section 198 as it applies to an infringing copy and an offence under section 107."
 
 
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