Page:Copyright Act 2021.pdf/223

224 (2) Subject to subsection (5), the rights owner must do the following before making the application:
 * (a) give notice to the owner of the online location that—
 * (i) the online location has been or is being used to commit or facilitate rights infringements against the rights owner; and
 * (ii) if the owner of the online location does not stop the online location from being used in that way within the prescribed time, the rights owner will apply for an access disabling order;
 * (b) give notice to the NCP that the rights owner intends to proceed to apply for an access disabling order against the NCP, and to do so either—
 * (i) after the end of the prescribed time mentioned in paragraph (a)(ii); or
 * (ii) after reasonable efforts have been made to give notice under paragraph (a).

(3) The application must be served on the NCP.

(4) Subject to subsection (5), notice of the application must be given to the owner of the online location.

(5) At the hearing of the application, the General Division of the High Court may dispense with the requirement to give notice under subsection (2)(a) or (4) if—
 * (a) the rights owner is unable to give notice (whether because the identity or address of the owner of the online location cannot be ascertained or for any other reason); and
 * (b) the rights owner has made reasonable efforts to give notice.

(6) The owner of the online location has—
 * (a) the right to be heard in the application; and
 * (b) the same right of appeal as any party to the application.