5 Additional provision as to technical information, etc.

1

Where the Secretary of State thinks it necessary or expedient for the purposes of any activities carried on or to be carried on by him, he may by directions given to the Authority, after consulation with them, require them to make available to him, on such terms as to payment or otherwise as he thinks appropriate—

a

facilities for, and information relating to, the use of any invention, design or trade mark excepted from transfer by section 1(3) of this Act; and

b

any technical information in the possession of, or available to, the Authority, other than information which the Authority are precluded by contract from disclosing.

2

Nothing in subsection (1) above is to be taken as prejudicing any provision of the M1Defence Contracts Act 1958, nor any provision of the M2Patents Act 1949 F1, the M3Patents Act 1977 or the M4Registered Designs Act 1949 relating to the use for services of the Crown of patents and registered designs; but in relation to the use of any such invention or design as is referred to in subsection (1) (a) above, being property of the Authority, section 46(3) of the M5Patents Act 1949 F1section 55(4) of the M6Patents Act 1977 and paragraph 1(3) of Schedule 1 to the M7Registered Designs Act 1949 (Crown use on terms to be agreed with the patentee, or registered proprietor, or in default of agreement to be settled by the court) shall each have effect with the substitution for the words “as may be agreed” onwards of the words “as the Secretary of State may determine to be appropriate”.

3

The Secretary of State shall at the request of the Authority enter into arrangements with them for securing that they have access—

a

to any property of theirs which in consequence of this Act is for the time being in the custody or control of the Secretary of State; and

b

to any technical information which was available to them before the appointed day and is required by them for the purposes of any part of their undertaking which is not transferred by this Act;

including (but without prejudice to the generality of the foregoing) arrangements for enabling servants of the Authority to inspect and take copies of documents which before the appointed day were the property of the Authority and are for the time being in the custody or control of the Secretary of State.