SCHEDULE
Article 2
PART 1
Excluded provisions
1. The following provisions of Part 1 of the 1988 Act do not extend to the Cayman Islands-
(a) Sections 44A( 3), 73A( 4), 98( 5), 114B( 6), 144( 7), 144A( 8), 157( 9), 158, 166A( 10), 166B( 11), 166C, 166D( 12), 172A( 13) and 177;
(b) paragraphs 13, 21, 34, 36( 14) and 37 of Schedule 1; and
(c) Schedule A1( 15).
PART 2
Modifications to the provisions of Part 1 of the 1988 Act applied by this Order
2. The provisions of Part 1 of the 1988 Act, which extend to the Cayman Islands by virtue of this Order, are to be read subject to the modifications specified in this Part of this Schedule.
3. In the provisions of Part 1 applied by this Order-
(a) references to the EEA, an EEA State, the European Economic area and the United Kingdom are to be read as references to the Cayman Islands;
(b) references as to whether a person is or is not a national of an EEA state are to be read as to whether the person in question possesses Caymanian status or not.
4. Section 27( 16) applies with the omission of subsection (5).
5. In section 31BB( 17) the reference to the Secretary of State is to be read as a reference to the Minister.
6. Section 40A( 18) applies as if it were modified and set out as follows-
"Lending of copies by libraries or archives
40A Copyright in a work of any description is not infringed by the lending of copies of the work by a library or archive (other than a public library) which is not conducted for profit.".
7. Section 46 applies-
(a) with the section heading being read as "Enquiries";
(b) with references to Royal Commissions or statutory inquiries being read as references to Commissions of Enquiry appointed under the Commissions of Enquiry Act (1997 Revision); and
(c) with the omission of subsection (4).
8. Section 47 applies( 19)-
(a) with references to the Secretary of State being read as references to the Cabinet as defined in section 44 of the Constitution of the Cayman Islands; and
(b) with the substitution of the following in the place of subsection (7)-
"(7) An order made under this section is subject to annulment in pursuance of a resolution of the Legislative Assembly as defined in section 60 of the Constitution of the Cayman Islands.".
9. Section 48( 20) applies with the omission of subsection (6).
10. Section 49( 21) applies as modified and set out as follows-
"49 Public records
Material which is comprised in public records which are open to public inspection in pursuance of any enactment may be copied and a copy may be supplied to any person, by or with the authority of any officer appointed under that enactment, without infringement of copyright.".
11. Section 50 applies-
(a) with the substitution of the following in the place of subsection (1)-
"(1) Where the doing of a particular act is specifically authorised by any law enacted by the Legislature of the Cayman Islands as defined in section 59 of the Constitution of the Cayman Islands, then, unless the law provides otherwise, the doing of that act does not infringe copyright."; and
(b) with the omission of subsection (2).
12. Sections 50A(3)( 22), 50B(4)( 23), 50BA(2)( 24) and 50D(2)( 25) apply with the omission of the words "(such terms being by virtue of section 296A, void)".
13. Section 52( 26) applies-
(a) with "Secretary of State" being read as "Cabinet as defined in section 44 of the Constitution of the Cayman Islands"; and
(b) the substitution of the following in the place of subsection (5)-
"(5) An Order made under this section is subject to annulment in pursuance of a resolution of the Legislative Assembly.".
14. In section 53, references to the Registered Designs Act 1949 are to be read as references to the enactments relating to the registration of designs in force in the Cayman Islands.
15. Section 61( 27) applies with references to the Secretary of State being read as references to the Cabinet as defined in section 44 of the Constitution of the Cayman Islands.
16. Section 66( 28) applies-
(a) with "Secretary of State" being read as "Cabinet as defined in section 44 of the Constitution of the Cayman Islands"; and
(b) with the substitution for subsection (4) of-
"(4) No Order shall be made unless a draft has been laid before and approved by a resolution of the Legislative Assembly, that is, the Legislative Assembly as defined in section 60 of the Constitution of the Cayman Islands.".
17. Section 69( 29) applies as modified and set out as follows-
"69 Recording for purposes of supervision and control of broadcasts and cable programmes
(2) Copyright is not infringed by the making or use by the Board of directors referred to in section 4 of the Information and Communications Technology Authority Law (2011 Revision) of recordings of programmes in connection with and for the purpose of carrying out their functions under that Law.
(3) In this section "prescribed" means prescribed by order of the Cabinet.
(4) An order made under this section is subject to annulment in pursuance of a resolution of the Legislative Assembly.".
18. Section 73( 30) applies as modified and set out as follows-
"73 Reception and re-transmission of wireless broadcasts by cable
(2) The copyright in the broadcast and in any work included in the broadcast is not infringed if the inclusion is in pursuance of a relevant requirement.
(3) In this section, "relevant requirement" means a requirement under regulations made pursuant to section 97 of the Information and Communications Technology Authority Law (2011 Revision) regulating the provision of cable television service in the Cayman Islands.".
19. Section 79(4)(e) applies with the substitution of "enquiries under the Commissions of Enquiry under the Commissions of Enquiry Law (1997 Revision) and statutory enquiries" for "section 46(1) or (2) (Royal Commissions and statutory inquiries)".
20. Section 81(6) applies with the omission of paragraph (c).
21. Section 82(1)( 31) applies with substitution for paragraph (b) of-
"(b) work in which copyright subsists in favour of the Crown or the Legislative Assembly;".
22. Section 85(2)(c) applies with the substitution of "enquiries under the Commissions of Enquiry under the Commissions of Enquiry Law (1997 Revision) and statutory enquiries" for "section 46(1) or (2) (Royal Commissions and statutory inquiries)".
23. Section 97A( 32) applies-
(a) with the substitution for "the High Court (or in Scotland the Court of Session)" of "the Grand Court referred to in section 84 of the Constitution of the Cayman Islands";
(b) with the substitution for "regulation 6(1)(c) of the Electronic Commerce (EC Directive) Regulations 2002 ( SI 2002/2013)" of "such law as may for the time being be in force in relation to the giving of notices.";
(c) with the substitution for subsection (3) of-
"(3) In this section-
(a) a "service provider" is a person who provides any service normally provided for remuneration, at a distance, by electronic means and at the individual request of a recipient of services; and
(b) for the purposes of paragraph (a), a service is provided-
(i) "at a distance" where the provider of the service and the recipient of the service are not simultaneously present;
(ii) "by "electronic means" where that service is sent initially and received at its destination by means of electronic equipment for the processing (including digital compression) and storage of data, and entirely transmitted, conveyed and received by wire, by radio, by optical means or by other electromagnetic means; and
(iii) "at the individual request of a recipient of services" where the service is provided through the transmission of data on individual request.".
24. Section 100 applies-
(a) with the substitution in subsection (2) of "the Commissioner of Police referred to in section 2 of the Police Law (Law 36 of 2010)" for "a local police station";
(b) with the substitution of "Cabinet" for "Secretary of State".
(c) with the substitution for subsection (6) of-
"(6) An order made under this section is subject to annulment in pursuance of a resolution of the Legislative Assembly.".
25. For the purposes of sections 107(4)(a)( 33), 107(4A)(a)( 34), and 107(5)( 35), the fine which may be imposed on summary conviction is a fine not exceeding $20,000.
26. Section 107A( 36) applies as modified and set out below-
"107A Enforcement by the Director of Commerce and Investment
(2) For the purposes of subsection (1), the Director of Commerce and Investment (and any officer generally or specifically authorised by him in writing) has the power-
(a) to make test purchases; and
(b) to enter premises and inspect and seize goods and documents.
(3) The Director of Commerce and Investment (and any officer generally or specifically authorised by him in writing) has all the powers of a constable under the Police Law (2014 Revision) and, without limiting this provision, enjoys the protections afforded to a constable under the Police Law (2014 Revision) but is not...
