1965 No. 1858
The Copyright (Montserrat) Order 1965
Made
Laid before Parliament
Coming into Operation
At the Court at Buckingham Palace, the 29th day of October 1965
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, by and with the advice of Her Privy Council, and by virtue of the authority conferred upon Her by section 31 of the Copyright Act 1956 and of all other powers enabling Her in that behalf, is pleased to direct, and it is hereby directed, as follows:—
1
The provisions of the Copyright Act 1956 specified in Part I of Schedule 1 hereto shall extend to Montserrat subject to the modifications specified in Part II of that Schedule.
2
The Copyright (International Conventions) Order 19641, the Copyright (International Organisations) Order 19572, as amended3, and the Copyright (Broadcasting Organisations) Order 19614(being Orders in Council made under Part V of the said Act) shall extend to Montserrat subject, in the case of the first mentioned Order, to the modifications specified in Schedule 2 hereto.
3
The Interpretation Act 1889 shall apply to the interpretation of this Order as it applies to the interpretation of an Act of Parliament.
4
This Order may be cited as the Copyright (Montserrat) Order 1965 and shall come into operation on 5th November 1965.
SCHEDULE 1
PART IProvisions of the Copyright Act 1956 extended to Montserrat
All the provisions of the Act, as amended by the Performers' Protection Acts 1958 and 1963 and the Films Act 1960, except sections 23 to 30, 32, 34, 35, 42 and 44, and Schedules 4, 5 and 9.
PART IIModifications to the provisions extended
General Modifications
1
In sections 7, 8(11) and 15(4) for the reference to the Board of Trade there shall be substituted references to the Administrator in Council.
2
In sections 8(1) and 8(10), 12(6), 21(1) and 21(6), 22(2) and 22(3), 43, 48(4) and 49(2) and paragraph 46 of Schedule 7, for “the United Kingdom”
there shall be substituted “Montserrat”
.
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 references to farthings there shall be substituted references to cents; for subsection (3) there shall be substituted the following:—
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:—
|
Section 13 | For subsection (3) there shall be substituted the following:—
in subsection (8), for subsection (11) shall be omitted. |
Section 17 | There shall be inserted, after subsection (4), the following subsection:—
subsection (6) shall be omitted. |
Section 18 | In subsection (1), for the proviso there shall be substituted the following:—
subsection (4) shall be omitted. |
Section 21 | In subsections (7) and (8), for the words after subsection (8), there shall be inserted the following subsection:—
for subsection (10) there shall be substituted the following:—
|
Section 22 | In subsection (1), for for subsection (6) there shall be substituted the following:—
subsection (7) shall be omitted. |
Section 31 | Subsections (1) and (2) shall be omitted; in subsection (4), for |
Section 33 | For subsection (1) there shall be substituted the following:—
|
Section 37 | Subsection (4) shall be omitted. |
Section 39 | Subsection (8) shall be omitted. |
Section 40 | Subsection (3) shall be omitted; in subsection (4), for in subsection (5), the reference to a work shall be omitted. |
Section 41 | In subsection (7), for the definition of “school” there shall be substituted ““school” has the different meanings assigned to it in the Education Ordinance 1956 (No. 11 of 1956) in the Law of Montserrat;” . |
Section 46 | Subsection (1) shall be omitted; in subsection (2), |
Section 47 | The whole section except subsection (4) shall be omitted; in subsection (4), |
Section 50 | For subsection (2) there shall be substituted the following:—
|
Section 51 | For subsection (2) there shall be substituted the following:—
subsection (3) shall be omitted. |
Schedule 1 | In paragraph 2, for “section 7 of the Act of 1949” there shall be substituted “section 17 of the Trade Marks Act (cap. 150) or section 6 of the Registration of United Kingdom Trade Marks Act 1946 (No. 4 of 1946) in the law of Montserrat” . |
Schedule 7 | Paragraphs 25, 26, 40 and 41 shall be omitted. |
SCHEDULE 2Modifications to the Copyright (International Conventions) Order 1964
(i) Articles 2(1) and 7 to 11 together with Schedules 2 and 4 to 7 shall be omitted.
(ii) In Article 1, for “any part of the United Kingdom”
there shall be substituted “Montserrat”
.
(iii) In Article 2(2), “before 27th September 1957”
shall be omitted and there shall be added at the end “if (a) the country is one in the case which this Order applies immediately after the commencement of the Act in Montserrat and the publication took place before such commencement; or (b) the country is one in the case of which this Order applies by reason of the subsequent extension of an amending Order and the publication took place before the date mentioned in relation to that country in Schedule 2 to this Order in its operation in the law of the United Kingdom”
.
(iv) There shall be substituted for Article 2(3) the following:—
3
In the case of any such country as mentioned in paragraph 2(b) of this Article any relevant provisions of Schedule 7 to the Act shall have effect as if there were substituted for references to the commencement of the Act references to the date so mentioned.
(v) In Article 2(4)(a) there shall be added references to Malawi and Zambia.
(vi) In Schedule 1, there shall be added in Part I a reference to Cameroon, and in Part 2 references to Guatemala, Malawi, New Zealand and Zambia.
(vii) In Schedule 3, there shall be added references to Czechoslovakia and Brazil and the reference to Congo (Brazzaville) shall be omitted.