AGADVOKS GLOBALKENYA · ENGLISH
☰ Menu
The Copyright Act (Collective Management) Regulations

35. Notice of non-compliance

Edition: 2022-12-31 · In force

My notebookDiscuss your situation

35. Notice of non-compliance

(1)Where the Board finds that a collective management organisation has failed to comply with its obligations under these Regulations, the Board may give a compliance notice to that person, body or organisation.
(2)A compliance notice shall be in writing and shall—
(a)state the collective management organisation has not complied with a provision of these Regulations;
(b)specify the provision in question and state the acts or omissions which contravene that provision;
(c)request the collective management organisation, where non-compliance with the provision is continuing—
(i)to end the non-compliance within such time as the notice may specify; and
(ii)provide evidence that the non-compliance has ended;
(d)if the Board thinks fit, request the collective management organisation to provide a written undertaking that non-compliance with the provision shall not be repeated; and
(e)caution the collective management organisation that if—
(i)the organisation does not comply with the compliance notice, or
(ii)the organisation fails to comply with a written undertaking provided in respect of the compliance notice,
further action may be taken in accordance with the Act or these Regulations.
(3)The Board may withdraw a compliance notice and in doing so shall give the collective management organisation notice of the withdrawal.
(4)Where a compliance notice has been given, no action to impose a penalty under these Regulations may be taken in relation to that failure unless the collective management organisation to whom it has been given has failed—
(a)to comply with the compliance notice; or
(b)to comply with a written undertaking provided in respect of a compliance notice.
← Previous provisionNext provision →
Source: Kenya Law