104A.—(1) Section 104 shall not apply to a relevant work where—

(a) there is a licensing scheme certified under section 173 that is applicable to section 104 in so far as that work is concerned, and

(b) the designated body or person with a disability making, or causing to be made, a modified copy of that work knew or ought to have been aware of the existence of the licensing scheme.

(2) Any terms of a licence granted on foot of the licensing scheme referred to in subsection (1) that purports to restrict the obligation imposed under section 104B(1) on the publisher of that work shall be unenforceable.]