The Copyright (Cayman Islands) (Amendment) Order 2016
| Jurisdiction | UK Non-devolved |
| Citation | SI 2016/370 |
2016 No. 370
Copyright
The Copyright (Cayman Islands) (Amendment) Order 2016
Made 15th March 2016
Coming into force in accordance with article 1
At the Court at Buckingham Palace, the 15th day of March 2016
Present,
The Queen’s Most Excellent Majesty in Council
Her Majesty, by and with the advice of Her Privy Council, in exercise of the powers conferred on Her by section 157(2) of the Copyright, Designs and Patents Act 19881makes the following Order:
Citation and Commencement
1. This Order may be cited as the Copyright (Cayman Islands) (Amendment) Order 2016 and shall come into force on such date as the Governor of the Cayman Islands may appoint by proclamation published in the Gazette of the Cayman Islands.
Amendments to the Schedule to the Copyright (Cayman Islands) Order 2015
2.—(1) Part 1 of the Schedule to the Copyright (Cayman Islands) Order 20152is amended as follows.
(2) In paragraph 1(a) omit “73A,”.
3. Part 2 of the Schedule to the Copyright (Cayman Islands) Order 2015 is amended as follows.
4. In paragraph 3 insert after (b)—
“(c)
“(c) references to “educational establishments” are to be read as references to “educational institutions”.”.
5. Insert after paragraph 3—
“3A. Section 13A3applies with the omission in subsection (2) of the words “and section 191(HA)(4).”.”
6. In paragraph 8 for (b) substitute—
“(b)
“(b) with the substitution for subsection (7) of—
“(7) An order made under this section is subject to negative resolution, as provided in section 28(3) of the Interpretation Law (1995 Revision).”.”.
7. In paragraph 13 for (b) substitute—
“(b)
“(b) with the substitution for subsection (5) of—
“(5) An order made under this section is subject to negative resolution, as provided in section 28(3) of the Interpretation Law (1995 Revision).”.”.
8. For paragraph 14 substitute—
“14. Section 534applies—
(a) with the omission in subsection (1)(a)—
(i) of sub-paragraph (ii); and
(ii) of the words “or, in a case of registration under the Community Design Regulation, that the person registered as the right holder was not the right holder of the design for the purposes of the Regulation”;
(b) with the omission of subsections (3) and (4); and
(c) with references to the Registered Designs Act 19495being read as references to the enactments relating to the registration of designs in force in the Cayman Islands.”.
Omit paragraph 15.
9. Omit paragraph 15.
10. In paragraph 16 for (b) substitute—
“(b)
“(b) with the substitution for subsection (4) of—
“(4) Orders made under this section are subject to affirmative resolution, as provided in section 28(2) of the Interpretation Law (1995 Revision).””.
11. In paragraph 17 for subsection 69(4)6as modified substitute—
“4 An order made under this section is subject to negative resolution, as provided in section 28(3) of the Interpretation Law (1995 Revision).”.
12. For paragraph 18 substitute—
“18. Section 737applies—
(a) with the substitution for subsections (6), (7) and (8) of the following—
“(6) In this section, “qualifying service” means a service prescribed by Cabinet under subsection (8).
(7) In this section, “relevant requirement” means a requirement imposed by a licence relating to a “must-carry service” (within the meaning of such Law as may be for the time being in force in Cayman Islands in relation to broadcasting), the setting of which is authorized by that Law.
(8) Cabinet may by order prescribe a qualifying service, which may be identified by type of institution providing the service.”;
(b) with the substitution in subsections (9), (10) and (11) for the words “Secretary of State” of the word “Cabinet”; and
(c) with the substitution for subsection (12) of the following—
“(12) An order made under this section is subject to negative resolution, as provided in section 28(3) of the Interpretation Law (1995 Revision).”.”.
13. For paragraph 20 substitute—
“20. Section 81(6) applies—
(a) with the insertion at the end of paragraph (a) of the word “or”;
(b) with the omission of the word “or” at the end of paragraph (b); and
(c) with the omission of paragraph (c).”.
14. In paragraph 22 omit the words “under the Commissions of Enquiry” where they first appear.
15. In paragraph 24 for (c) substitute—
“(c)
“(c) with the substitution for subsection (6) of—
“(6) An order made under this section is subject to negative resolution, as provided in section 28(3) of the Interpretation Law (1995 Revision).”.”.
16. In paragraph 27 for sub-paragraph (d) substitute—
“(d)
“(d) with the omission of subsection (6)”.
In paragraph 29 in (b), after “(3A),” insert “(3B,)”.
17. In paragraph 29 in (b), after “(3A),” insert “(3B,)”.
18. In paragraph 30 for (b) substitute—
“(b)
“(b) with the substitution for subsection (4) of—
“(4) Regulations made under this section are subject to negative resolution, as provided in section 28(3) of the Interpretation Law (1995 Revision).”.”.
19. For paragraph 35 substitute —
“35. Section 1168applies—
(a) with the reference to subsidiaries in subsection (4) being read as references to subsidiary companies within the meaning of section 232 of the Companies Law (2013 Revision);
(b) with the reference to a holding company in subsection (4) being read as a reference to “a parent company” within the meaning of section 232 of the Companies Law (2013 Revision); and
(c) with the omission of subsection (5).”.
20. For paragraph 37 substitute—
“37. Section 116D9applies with the substitution for subsections (4) and (5) of—
“(4) Regulations made under this section are subject to affirmative resolution, as provided in section 28(2) of the Interpretation Law (1995 Revision).””.
21. In paragraph 39 for (b) substitute—
“(b)
“(b) with the substitution for subsection (2) of—
“(2) An order made under this section is subject to affirmative resolution, as provided in section 28(2) of the Interpretation Law (1995 Revision).”.”.
22. In paragraph 41 for (b) substitute—
“(b)
“(b) with the substitution for subsection (6) of—
“(6) Regulations made under this section are subject to negative resolution, as provided in section 28(3) of the Interpretation Law (1995 Revision).”.”.
23. In paragraph 42 for (b) substitute—
“(b)
“(b) with the substitution for subsection (8) of—
“(8) An order made under this section is subject to negative resolution, as provided in section 28(3) of the Interpretation Law (1995 Revision).”.”.
24. In paragraph 44—
(a) for sections 145(2) and (3)10as modified substitute—
“2 The Copyright Tribunal shall consist of a chairman, a deputy chairman and not more than three other members, appointed by the Cabinet.
3 A person is not eligible for appointment as chairman or deputy chairman unless—
(a) he is a barrister or attorney of at least five years’ standing or he has held judicial office; or
(b) he has considerable experience of copyright matters.”; and
(b) in section 148(1)(a) as modified omit the word “a” before “deputy”.
25. In paragraph 45 for “paragraph (ca)” substitute “paragraphs (ca) and (f)”.
26. In paragraph 46 for section 150(5) as modified substitute—
“5 Rules made under this section are subject to negative resolution, as provided in section 28(3) of the Interpretation Law (1995 Revision).”.
27. In paragraph 51 for sub-paragraph (c) substitute—
“(c)
“(c) with the substitution for subsections (4) and (5) of—
“(4) In subsection (3) “Convention country” means a country which is a party to a Convention relating to copyright to which the United Kingdom is also a party and which the United Kingdom has extended to the Cayman Islands.
(5) An order made under this section is subject to negative resolution, as provided in section 28(3) of the Interpretation Law (1995 Revision).”.”.
28. In paragraph 52 for section 160(5) as modified substitute—
“5 An order made under this section is subject to negative resolution, as provided in section 28(3) of the Interpretation Law (1995 Revision).”.
29. For paragraph 53...
To continue reading
Request your trial