223.—(1) The rights conferred by this Part are not infringed by the copying of a recording of a performance in the course of F117[education or of preparation for education where the copying is done by or on behalf of a person giving or receiving education]

(2) The rights conferred by this Part are not infringed—

(a) by the copying of a recording of a performance for the purposes of setting or answering the questions in an examination, or

(b) by anything done for the purposes of an examination by way of communicating the questions to the examination candidates.

(3) Where a copy which would otherwise be an illicit recording is made under this section but is subsequently sold, rented or lent, or offered or exposed for sale, rental or loan, or otherwise made available to the public, it shall be treated as an illicit recording for those purposes and for all subsequent purposes.