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- (B) the NSP is not informed in writing of the proceedings; and
- (iii) the restoration is technically and practically feasible;
- (d) the steps mentioned in paragraph (c) are taken (if they have to be taken) not less than 10 and not more than 14 working days after the date on which the restoration notice is served on the NSP; and
- (e) any prescribed condition is met.
(5) Subsections (1), (2), (3) and (4) apply whether or not it is ultimately decided that the NSP committed a rights infringement mentioned in section 317(1), 318(1) or 319(1).
(6) Despite anything to the contrary in any written law or rule of law, a NSP is not liable under any rule of law if—
- (a) the NSP acts in good faith to—
- (i) restore an electronic copy to the NSP’s primary network; or
- (ii) restore access to an electronic copy on any network; and
- (b) the restoration was done in reliance on a restoration notice under subsection (3)(c) or (4)(c)(i).
(7) A NSP must not be treated as authorising an act that is a rights infringement just because one (but not more) of the following circumstances applies:
- (a) the NSP provides a facility that is used by another person to do that act;
- (b) the NSP is served with a take-down notice under section 317(2)(b), 318(2)(b)(iii) or 319(2)(b)(iii) (system caching, storage or locating information), or a notice under section 326(2)(b) (intention to apply for access disabling order), in respect of that act;
- (c) the NSP has the knowledge mentioned in section 318(2)(b)(i) or (ii) or 319(2)(b)(i) or (ii) (storage or locating information) in respect of that act.
