British Telecommunications Act 1981

3 [F1 (1) Where an agreement to which this Schedule applies contains provision— U.K.

(a) conferring authority under section 46(1) of the M1 Patents Act 1949 for the making, use or exercise of an invention for a purpose referable to the functions of the Post Office; or

(b) providing for the conferring by the Post Office on a person of such an authority under that section,

then, on and after the appointed day—

(i) the authority conferred by the agreement, and any authority conferred before that day in pursuance of such a provision as is mentioned in head(b), shall continue in force and shall have effect so as to authorise the making, use and exercise of the invention for a purpose referable to the functions of the Corporation, being a purpose corresponding to that mentioned in head (a); and

(ii) the provision described in head (b) shall have effect as if it provided for the conferring by the Corporation of an authority having such effect as is mentioned in head (i).

(2) For the purpose of fulfilling obligations imposed on it by virtue of this paragraph, the Corporation shall, on and after the appointed day, have power to confer such an authority as is mentioned in head (ii) of sub-paragraph (1).

(3) Nothing in the Patents Act 1949 shall be taken to prevent the use by the Corporation, for a purpose referable to its functions, of any articles made and supplied to it in the exercise of an authority continued in force by, or conferred by virtue of, this paragraph.]

Textual Amendments

F1 Sch. 5 paras. 3-22 repealed (25.7.2003 for specified purposes) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))

Modifications etc. (not altering text)

C1 Sch. 5 paras. 3–22 modified by Telecommunications Act 1984 (c.12, SIF 96), s. 109, Sch. 6 paras. 1–14

Marginal Citations

M1 1949 c. 87.