OpenLegislation

Part II Modifications to the provisions extended

Original text. Later amendments are not shown.

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

ProvisionModification
Section 10

For subsection (5) there shall be substituted the following:—

“(5)

For the purposes 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 by the Board of Trade under this section and section thirty-six of the Registered Designs Act 1949 as extended by this section in the law of the United Kingdom.”

Section 12In subsection (6), for “the United Kingdom” there shall be substituted “St. Helena”.
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 thirty-eight 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 17Subsection (6) shall be omitted.
Section 18

In subsection (1), the reference to 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 (1) and (6), for “the United Kingdom” there shall be substituted “St. Helena”.

for subsection (10) there shall be substituted the following:—

“(10)

An appeal shall lie to the Supreme Court of St. Helena from any order made under the last preceding subsection by a court of summary jurisdiction.”.

Section 31Subsections (1) and (2) shall be omitted; in subsection (4), for “the United Kingdom” there shall be substituted “St. Helena” and for “in a country” there shall be substituted “in the United Kingdom or in any country other than St. Helena”.
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 St. Helena.”.

Section 37Subsection (4) shall be omitted.
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

For subsection (7) there shall be substituted the following:—

“(7)

In this section—

  • “school” has the same meaning as in the Education Ordinance of 1941 as amended by the Education Ordinance of 1958”; and “duplicating process” means any process involving the use of an appliance for producing multiple copies. ”.

Section 43In subsections (2), (4) and (6), for “the United Kingdom” there shall be substituted “St. Helena”.
Section 46

Subsection (1) shall be omitted;

in subsection (2), “(including any enactment of the Parliament of Northern Ireland)” shall be omitted.

Section 47

For section 47 there shall be substituted the following:—

“47
(1)

No regulations made under this Act by the Board of Trade shall come into operation in St. Helena until such time as may be appointed by notice given by the Governor in the St. Helena Government Gazette.

(2)

Any regulations made by the Board of Trade in pursuance of powers conferred by this Act may be modified in their operation in the law of St. Helena by regulations made by the Governor under this section, and accordingly any reference in this Act to regulations made by the Board of Trade shall be construed as a reference to those regulations subject to such modifications (if any) as may have been made thereto in pursuance of this section.”.

Section 48In subsection (4), for “the United Kingdom” there shall be substituted “St. Helena”.
Section 49In subsection (2), for “the United Kingdom” there shall be substituted “St. Helena”.
Section 51

For subsection (2) there shall be substituted the following:—

“(2)
(a)

Any Provision of this Act empowering the Governor to make regulations shall come into operation on the commencement of the Order in Council extending that provision to St. Helena.

(b)

All the other provisions of this Act shall come into operation on 10th October 1963,”

subsection (3) shall be omitted.

First ScheduleIn paragraph 2, for “section seven of the Act of 1949” there shall be substituted “section 2 of the United Kingdom Designs (Protection) Ordinance of 1930”.
Seventh ScheduleParagraphs 6, 24, 25, 26, 40 and 41 shall be omitted; in paragraph 46, for “the United Kingdom” there shall be substituted “St. Helena” .
Ninth ScheduleFor the table therein set out there shall be substituted the following:—
ENACTMENTS REPEALED
Session and ChapterShort TitleExtent of Repeal
1 & 2 Geo. 5. c. 46.The Copyright Act 1911.The whole Act.
18 & 19 Geo. 5. c. lii.The Copyright Order Confirmation (Mechanical Instruments: Royalties) Act 1928.The whole Act.