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NO. 22 OF 2021
- (BA) no proceedings are brought by or on behalf of the rights owner of the electronic copy to prevent the restoration; or
- (BB) the NSP is not informed in writing of the proceedings;
- (d) the NSP takes reasonable steps to restore the electronic copy, or to restore access to the electronic copy, if the conditions in paragraph (c)(ii) are met;
- (e) the steps mentioned in paragraph (d) are taken (if they have to be taken) not less than 10 and not more than 14 working days after the date of the notification in paragraph (c)(ii); and
- (f) any prescribed condition is met.
(4) This subsection applies if—
- (a) the NSP acted—
- (i) in good faith; and
- (ii) in reliance on the knowledge mentioned in section 318(2)(b)(i) or (ii) or 319(2)(b)(i) or (ii) (storage or locating information);
- (b) the NSP expeditiously takes reasonable steps to notify the person (Y) who made the electronic copy available on the relevant network of the removal or disabling;
- (c) the NSP takes reasonable steps to restore the electronic copy or access to the electronic copy, but only if—
- (i) the NSP is served with a restoration notice within the prescribed time by a person purporting to be or to be acting on behalf of Y;
- (ii) within 10 working days after the date on which the restoration notice is served on the NSP—
- (A) no proceedings are brought by or on behalf of the rights owner of the electronic copy to prevent the restoration; or
