Order for delivery up of illicit recording in court proceedings

(1) Where a person has in his possession, custody or control in the course of a business, an illicit recording of a performance, a person having performer’s rights or recording rights under this Part in relation to the performance may apply to the court for an order that the recording be delivered up to him or to such other person as the court may direct. (2) An application shall not be made after the end of the period specified in section 136 of this Act; and no order shall be made unless the court also makes, or it appears to the court that there are grounds for making, an order under section 135 of this Act. (3) A person to whom a recording is delivered up in pursuance of an order under this section shall, if an order under section 135 of this Act is not made, retain it pending the making of an order, or the decision not to make an order, under that section. (4) Nothing in this section affects any other power of the