236A.—(1) The rights conferred by this Part in relation to a relevant work in the collection of a relevant body are not infringed by a relevant body where—

(a) the relevant work is an orphan work within the meaning of Regulation 4 of the Regulations of 2014, and

(b) in accordance with Regulation 8 of the Regulations of 2014, the relevant body—

(i) makes that orphan work available to the public, or

(ii) carries out acts of reproduction of that orphan work for the purposes of digitisation, making available, indexing, cataloguing, preservation or restoration.

(2) The rights conferred by this Part in relation to a relevant work in the collection of a relevant body are not infringed by a relevant body where—

(a) the relevant work is a work to which Regulation 4(2) of the Regulations of 2014 applies,

(b) the relevant body has, pursuant to Regulation 4(3) of those Regulations, been given an authorisation referred to in that Regulation, and

(c) in accordance with Regulation 9 the Regulations of 2014, the relevant body—

(i) makes that orphan work available to the public, or

(ii) carries out acts of reproduction of that orphan work for the purposes of digitisation, making available, indexing, cataloguing, preservation or restoration.

(3) In this section—

"Regulations of 2014" has the meaning assigned to it by section 70A;

"relevant body" has the meaning assigned to it by section 70A;

"relevant work" has the meaning assigned to it by section 70A.]