This Statutory Instrument has been made in consequence of a defect in S.I.1989/955 (c.25) and is being issued free of charge to all known recipients of that Statutory Instrument.

1989 No. 1032 (C.27)

COPYRIGHT
DESIGNS
RIGHTS IN PERFORMANCES

The Copyright, Designs and Patents Act 1988 (Commencement No. 3) Order 1989

Made

The Secretary of State, in exercise of the powers conferred upon him by section 305(3) of the Copyright, Designs and Patents Act 19881 (“the Act”), hereby makes the following Order:

1

This Order may be cited as the Copyright, Designs and Patents Act 1988 (Commencement No. 3) Order 1989.

2

The Copyright, Designs and Patents Acts 1988 (Commencement No. 2) Order 19892 is amended by substituting for the Schedule thereto the Schedule set out in the Schedule to this Order.

Eric ForthParliamentary Under Secretary of StateDepartment of Trade and Industry

SCHEDULEPROVISIONS OF THE ACT COMING INTO FORCE FORTHWITH

Provision and Authority

Subject matter

Regulations by the Secretary of State under sections 37 and 38 to 43

Copying by librarians and archivists of prescribed libraries and archives.

Orders by the Secretary of State under–

section 47

Specification of material to be marked in relation to public inspection and copying of the same, and application of provisions relating to public inspection of material to material or registers maintained by international organisations.

section 52

Articles to be regarded as made by industrial process and excluded articles.

section 61

Recordings of folksongs for archival purposes for designated bodies.

section 74

Provision of subtitled copies of broadcasts and cable programmes by designated bodies.

section 75

Recordings for archives of designated class of broadcasts and cable programmes.

sections 100 and 196

Prescribing the form of notice of seizure when infringing articles or illicit recordings are seized and detained.

Regulations by Commissioners of Customs and Excise under section 112

Prescribing the form of notices required under section 111 in respect of goods to be treated as prohibited goods.

Rules by the Lord Chancellor under sections 150, 152 and paragraph 34 of Schedule 1

Proceedings before the Copyright Tribunal.

Order in Council by Her Majesty under–

section 159

Application of Part I of the Act to other countries.

section 168

Vesting of copyright in certain international organisations.

Order by Secretary of State under–

section 174

Descriptions of educational establishments for the purposes of Part I of the Act, and application of provisions relating to educational establishments to certain teachers.

Order in Council by Her Majesty under section 208

Designation of Convention countries enjoying reciprocal protection under Part II of the Act (performances).

Rules by Secretary of State under section 250

Proceedings before Comptroller under Part III of the Act (design right).

Order in Council by Her Majesty under section 256

Designation of countries enjoying reciprocal protection under Part III of the Act (design right).

(This note is not part of the Order)

This Order amends the Copyright, Designs and Patents Act 1988 (Commencement No. 2) Order 1989 by substituting for the Schedule thereto a new Schedule specifying the provisions of the Act brought into force for the purpose only of enabling subordinate legislation thereunder to be made to come into force on 1st August 1989. The majority of the provisions of the Act (including those mentioned in the Schedule substituted by this Order) come into force on that date by virtue of the Copyright, Designs and Patents Act 1988 (Commencement No. 1) Order 1989 (S.I.1989/816 (c.21)).