(1) A District Court may make a suspension order requiring an IPAP to suspend the Internet account of an account holder.
(2) A suspension order may be for any period up to 6 months.
(3) The court may make an order under this section only if it is satisfied that—
(a) at least 1 enforcement notice has been issued to the account holder in accordance with this Act; and
(b) the account holder has, by way of file sharing (whether as recorded in that enforcement notice or otherwise), infringed the copyright of the rights owner; and
(c) suspension of the account holder's account is justified and appropriate in the circumstances, given the seriousness of the infringing.
(4) When considering the circumstances, and in determining the duration of a proposed suspension, the matters that the court may consider include, but are not limited to,—
(a) the degree of the account holder's reliance on access to the Internet; and
(b) the identity (if known) of the user who engaged in the infringements identified in the notices; and
(c) any other matter that may be specified in regulations; and
(d) whether it would be manifestly unjust to suspend the account holder's account.
(5) An application to a District Court for an order under this section must be made—
(a) by the rights owner whose copyright is alleged to have been infringed; and
(b) no later than 1 month after the rights owner receives the contact details of an account holder from an IPAP following an order made under section 122Q(2).
Section 122P: inserted, on 1 September 2011, by section 6 of the Copyright (Infringing File Sharing) Amendment Act 2011 (2011 No 11).