4. Section 6(1) of the Act does not apply to—
(a)any design created before the commencement date, or
(b)any design created on or after the commencement date in pursuance of a commission (irrespective of whether the design was commissioned before, on or after the commencement date) provided that—
(i)the designer and the commissioner of the design have entered into a contract relating to the commission of the design, and
(ii)the contract was entered into before the commencement date.