ADVOKS GLOBAL · KENYA
The Copyright Act (Collective Management) Regulations
35. Notice of non-compliance
Edition: 2022-12-31 · In force
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.