(1) Subject to subsection (2), a recording of a broadcast or cable broadcasts, programme or a copy of such a recording may be made by or on behalf of an educational establishment for the educational purposes of that establishment without thereby infringing the copyright in the broadcast or cable programme or in any work included in it.
(2) Subsection (1) shall not apply if or to the extent that, there is a licensing scheme under which licences are available authorising the making of such recordings or copies, and the person making the recordings knows or ought to have been aware of that fact.