The Copyright (British Indian Ocean Territory) Order 1984

PART II MODIFICATIONS OF THE PROVISIONS EXTENDED

General Modifications

1.  In sections 7, 8(11) and 15(4), for references to the Board of Trade there shall be substituted references to the Commissioner.

2.  In sections 8(1) and 8(10), 10(2) and (3), 12(6), 21(1) and 21(6), 22(2) and 22(3), 31(4), 43, 48(4) and 49(2) and paragraph 46 of Schedule 7, for “the United Kingdom” there shall be substituted “the Territory”.

Particular Modifications

3.  The provisions mentioned in the first column in the following table shall be modified in the manner specified in the second column.

Provision	Modification
Section 8	In subsections (2) and (4) for “three farthings” there shall be substituted “one penny” and in subsection (2), for “farthing” there shall be substituted “penny”. For subsection (3) there shall be substituted the following: “(3) If at any time by an order made under this section in its operation in the law of the United Kingdom any different rate of, or minimum amount of, royalty is prescribed either generally or in relation to any one or more classes of records, the provisions of this section shall be construed subject to the provisions of any such order as is for the time being in force.”. In subsection (4)(a), all the words after the first reference to works shall be omitted.
Section 10	For subsection (5) there shall be substituted the following: “(5) For the purpose of this section a design shall be taken as being applied industrially if it is applied in the circumstances for the time being prescribed by rules made under this section and section 36 of the Registered Designs Act 1949 as extended by this section in the law of the United Kingdom.”.
Section 13	For subsection (3) there shall be substituted the following: “(3) Copyright subsisting in a cinematograph film by virtue of this section shall continue to subsist until the film is published and thereafter until the end of the period of fifty years from the end of the calendar year which includes the date of its first publication and shall then expire, or, if copyright subsists in the film by virtue only of the last preceding subsection, it shall continue to subsist as from the date of first publication until the end of the period of fifty years from the end of the calendar year which includes that date and shall then expire.”. In subsection (8), for “any such film as is mentioned in paragraph (a) of subsection (1) of section 38 of the Films Act 1960 (which relates to newsreels” ) there shall be substituted “any film consisting wholly or mainly of photographs which, at the time they were taken, were means of communicating news”. Subsection (11) shall be omitted.
Section 17	Subsection (6) shall be omitted.
Section 18	In subsection (1), in the proviso, “, or of any corresponding provision which may be enacted by the Parliament of Northern Ireland” shall be omitted. Subsection (4) shall be omitted.
Section 21	In subsections (7C) and (7D), all the words after “Criminal Justice Act 1982” shall be omitted. Subsection (10) shall be omitted.
Section 22	In subsection (1), for the “Commissioners of Customs and Excise (in this section referred to as “the Commissioners”)” there shall be substituted “the Commissioner” and, subject to the modifications to subsection (4) hereinafter provided, for subsequent references to the said Commissioners there shall be substituted references to the Commissioner. In subsection (4), for “the Commissioners” where those words first occur there shall be substituted “the Commissioner” and for “the Commissioners consider” there shall be substituted “the Commissioner considers”. In subsection (5), for “the Commissioners” shall be substituted “the Commissioner”. Subsection (6) shall be omitted. For subsection (7) there shall be substituted the following: “(7) Where by virtue of this section the importation into the Territory of any copy of a work to which the section applies is prohibited, the importation into the Territory of such a copy shall, for the purposes only of provisions as to the forfeiture of goods in any law relating to imports be deemed to be a contravention of that law.”.
Section 31	Subsections (1) and (2) shall be omitted. In subsection (4), for “in a country” there shall be substituted “in the United Kingdom or in any country other than the Territory”.
Section 33	For subsection (1) there shall be substituted the following: “(1) An organisation to which this section applies is one declared to be such by an Order in Council made under this section as part of the law of the United Kingdom which has been extended, in relation to that organisation, to the Territory.”.
Section 37	Subsection (4) shall be omitted.
Section 39	In subsection (8), for “ section three of the Crown Proceedings Act, 1947” there shall be substituted “section 5 of the Crown Proceedings Ordinance, 1984”.
Section 40	Subsection (3) shall be omitted. In subsection (4), for “either of the two last preceding subsections” there shall be substituted “the last preceding subsection” , and “or the programme to be transmitted, as the case may be” shall be omitted. In subsection (5), the reference to a work shall be omitted.
Section 41	Subsection (7) shall be omitted.
Section 46	Subsection (1) shall be omitted. In subsection (2), “(including any enactment of the Parliament of Northern Ireland)” shall be omitted.
Section 47	The whole section except subsection (4) shall be omitted. In subsection (4), “or rules” shall be omitted.
Section 51	For subsection (2) there shall be substituted the following: “(2) (a) Any provision of this Act empowering the Commissioner to make regulations shall come into operation on the commencement of the Order in Council extending that provision to the Territory. (b) All the other provisions of this Act shall come into operation on 14th September 1984.”. Subsection (3) shall be omitted.
Seventh Schedule	Paragraphs 25, 26, 40 and 41 shall be omitted.