(1) Subject to subsection (2), a person who proposes to broadcast a recording of a performance, or include a recording of a performance in a cable programme service in circumstances not infringing the rights conferred by this Part shall be treated as having consent for the purpose of this Part for the making of a further recording for the purposes of the broadcast or cable programme.
(2) The consent given under subsection (1) is subject to the condition that the further recording—
(a) shall not be used for any other purposes; and
(b) shall be destroyed within 28 days of being first used for broadcasting the performance or including it in a cable programme service.
(3) A recording made in accordance with this paragraph shall be treated as an illicit recording—
(a) for the purposes of any use in breach of the condition mentioned in subsection (2)(a); and
(b) for all purposes after that condition or the condition mentioned in subsection (2)(b) is breached.