Effect of order of Supreme Court as to licence

(1) Where the Supreme Court has made an order under section 97 or 98 of this Act and the order remains in force, the person entitled to the benefit of the order shall if he, (a) pays to the licensing body any charges payable in accordance with the order or, if the amount cannot be ascertained, gives an undertaking to pay the charges when ascertained; and (b) complies with the other terms specified in the be in the same position as regards infringement of copyright as if he had at all material times been the holder of a licence granted by the owner of the copyright in question on the terms specified in the order. (2) The benefit of the order may be assigned, (a) in the case of an order under section 97 of this Act, if assignment is not prohibited under the terms of the Court’s order; and (b) in the case of an order under section 97 of this Act, if assignment was not prohibited under the terms of the original licence. (3) The Court may direct that an order under section 97 or 98 of this Act, or an order under section 99 varying such an order, so far as it varies the amount of charges payable, has effect from a date on which the reference or application was made or, if later, on which the licence was granted or, as the case may be, was due to expire. If such a direction is made, (a) any necessary repayments, or payments, shall be made in respect of charges already paid; and 106 (b) the reference in subsection (1) (a) of this section to the charges payable in accordance with the order shall be construed, where the order is varied by a later order, as a reference to the charges so payable by virtue of the later order.