105.—(1) A fixation of a broadcast or a cable programme of a designated class or a copy of such a fixation may be made for the purpose of including it in an archive maintained by a designated body without infringing the copyright in the broadcast or cable programme or in any work included therein.

(2) In this section—

“designated body” means a body designated for the purposes of this section by order of the Minister;

“designated class” means a class designated for the purposes of this section by order of the Minister.

(3) The Minister shall not designate a body unless he or she is satisfied that the body is not established or conducted for profit.