92.—(1) A fixation of a performance of an anonymous work which has not been lawfully made available to the public may be made for the purpose of including it in an archive maintained by a designated body without infringing the copyright in the work where at the time the fixation is made—

(a) the making of the fixation does not infringe any other copyright, and

(b) the making of the fixation is not prohibited by any performer.

(2) A copy of a fixation made under subsection (1) and included in an archive maintained by a designated body may, subject to compliance with the conditions referred to in subsection (3), be made and supplied by the archivist without infringing the copyright in the fixation or the works included in it.

(3) The conditions referred to in subsection (2) are—

(a) that a copy may not be supplied other than to a person who satisfies the archivist that he or she requires the copy for the purposes of F80[education, research] or private study and he or she will not use it for any other purpose, and

(b) that a person shall not be furnished with more than one copy of the same fixation.

(4) In this section, “designated body” means a body designated for the purposes of this section by order of the Minister who shall not designate a body unless he or she is satisfied that the body is not established or conducted for profit.