Copyright, Designs and Patents Act 1988

Section 28: the Appeal Tribunal U.K.

17 (1) Section 28 of the Registered Designs Act 1949 (the Appeal Tribunal) is amended as follows. U.K.

(2) For subsection (2) (members of Tribunal) substitute—

“(2) The Appeal Tribunal shall consist of—

(a) one or more judges of the High Court nominated by the Lord Chancellor, and

(b) one judge of the Court of Session nominated by the Lord President of that Court.”.

(3) In subsection (5) (costs), after “costs” (twice) insert “ or expenses ”, and for the words from “and any such order” to the end substitute—

“and any such order may be enforced—

(a) in England and Wales or Northern Ireland, in the same way as an order of the High Court;

(b) in Scotland, in the same way as a decree for expenses granted by the Court of Session.”.

(4) For subsection (10) (seniority of judges) substitute—

“(10) In this section “the High Court” means the High Court in England and Wales; and for the purposes of this section the seniority of judges shall be reckoned by reference to the dates on which they were appointed judges of that court or the Court of Session.”.

(5) The amendments to section 28 made by section 10(5) of the M1 Administration of Justice Act 1970 (power to make rules as to right of audience) shall be deemed always to have extended to Northern Ireland.

Marginal Citations

M1 1970 c. 31.