Period after which remedy of delivery up not available

(1) An application for an order under section 37 or section 119 of this Act may not be made after the end of the period of six years from the date on which the infringing copy or article or, as the case may be, the illicit recording in question was made, subject to the next following provisions. (2) If during the whole or any part of that period a person entitled to apply for an order, (a) is under a disability; or 128 (b) is prevented by fraud or concealment from discovering the facts entitling him to apply, an application may be made by him at any time before the end of the period of six years from the date on which he ceased to be under a disability or, as the case may be, could with reasonable diligence have discovered those facts. (3) An order under section 37 or section 119 of this Act shall not, in any case, be made after the end of the period of six years from the date on which the infringing copy or article or, as the case may be, the illicit recording in question was made.