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SCHEDULES

Section 301.

SCHEDULE 6E+W+S+N.I. Provisions for the Benefit of [F1Great Ormond Street Hospital for Children]

Annotations:

Amendments (Textual)

F1Words in Sch. 6 heading substituted (23.5.2016) by NHS (Charitable Trusts Etc) Act 2016 (c. 10), ss. 3(5), 5(3)

InterpretationE+W+S+N.I.

1(1)In this Schedule—E+W+S+N.I.

(2)Expressions used in this Schedule which are defined for the purposes of Part I of this Act (copyright) have the same meaning as in that Part.

Annotations:

Amendments (Textual)

F2Definition in Sch. 6 para. 1(1) inserted (23.5.2016) by NHS (Charitable Trusts Etc) Act 2016 (c. 10), ss. 3(7)(a), 5(3)

F3Words in Sch. 6 para. 1(1) substituted (23.5.2016) by NHS (Charitable Trusts Etc) Act 2016 (c. 10), ss. 3(7)(b), 5(3)

F4Definition in Sch. 6 para. 1(1) omitted (23.5.2016) by virtue of NHS (Charitable Trusts Etc) Act 2016 (c. 10), ss. 3(7)(c), 5(3)

Entitlement to royaltyE+W+S+N.I.

2(1)[F5GOSH Children's Charity is] entitled, subject to the following provisions of this Schedule, to a royalty in respect of any public performance, commercial publication [F6or communication to the public] of the whole or any substantial part of the work or an adaptation of it.E+W+S+N.I.

(2)Where [F7GOSH Children's Charity is] or would be entitled to a royalty, another form of remuneration may be agreed.

Annotations:

Amendments (Textual)

F5Words in Sch. 6 para. 2(1) substituted (23.5.2016) by NHS (Charitable Trusts Etc) Act 2016 (c. 10), ss. 3(8)(a), 5(3)

F7Words in Sch. 6 para. 2(2) substituted (23.5.2016) by NHS (Charitable Trusts Etc) Act 2016 (c. 10), ss. 3(8)(b), 5(3)

Modifications etc. (not altering text)

C1Sch. 6 para. 2: power to amend conferred (23.5.2016) by NHS (Charitable Trusts Etc) Act 2016 (c. 10), s. 5(3), Sch. 2 para. 5(2)(a)

ExceptionsE+W+S+N.I.

3No royalty is payable in respect of—

(a)anything which immediately before copyright in the work expired on 31st December 1987 could lawfully have been done without the licence, or further licence, of the [F8copyright owner at that time]; or

(b) anything which if copyright still subsisted in the work could, by virtue of any provision of Chapter III of Part I of this Act (acts permitted notwithstanding copyright), be done without infringing copyright.

Annotations:

Amendments (Textual)

F8Words in Sch. 6 para. 3(a) substituted (23.5.2016) by NHS (Charitable Trusts Etc) Act 2016 (c. 10), ss. 3(9), 5(3)

SavingE+W+S+N.I.

4No royalty is payable in respect of anything done in pursuance of arrangements made before the passing of this Act.

Procedure for determining amount payableE+W+S+N.I.

5(1)In default of agreement application may be made to the Copyright Tribunal which shall consider the matter and make such order regarding the royalty or other remuneration to be paid as it may determine to be reasonable in the circumstances.E+W+S+N.I.

(2)Application may subsequently be made to the Tribunal to vary its order, and the Tribunal shall consider the matter and make such order confirming or varying the original order as it may determine to be reasonable in the circumstances.

(3)An application for variation shall not, except with the special leave of the Tribunal, be made within twelve months from the date of the original order or of the order on a previous application for variation.

(4)A variation order has effect from the date on which it is made or such later date as may be specified by the Tribunal.

F9[(5) The provisions of Chapter VIII of Part I (general provisions relating to the Copyright Tribunal) apply in relation to the Tribunal when exercising any jurisdiction under this paragraph.]

Annotations:

Amendments (Textual)

F9Sch. 6 para. 5(5) added (1.12.1996) by S.I. 1996/2967, reg. 24(3) (with Pt. III)

[F10 Sums received to be held for the benefit of the HospitalE+W+S+N.I.

Annotations:

Amendments (Textual)

F10Sch. 6 para. 6 and crossheading substituted (23.5.2016) by NHS (Charitable Trusts Etc) Act 2016 (c. 10), ss. 3(10), 5(3)

6The sums received by GOSH Children's Charity by virtue of this Schedule, after deduction of any relevant expenses, are to be held by it for the purposes of the Hospital.]

Right only for the benefit of the HospitalE+W+S+N.I.

7(1)The right of [F11GOSH Children's Charity] under this Schedule may not be assigned and shall cease if [F12GOSH Children's Charity purports] to assign or charge it.E+W+S+N.I.

(2)The right F13... shall cease if the Hospital ceases to have a separate identity or ceases to have purposes which include the care of sick children.

F14(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F11Words in Sch. 6 para. 7(1) substituted (23.5.2016) by NHS (Charitable Trusts Etc) Act 2016 (c. 10), ss. 3(11)(a)(i), 5(3)

F12Words in Sch. 6 para. 7(1) substituted (23.5.2016) by NHS (Charitable Trusts Etc) Act 2016 (c. 10), ss. 3(11)(a)(ii), 5(3)

F13Words in Sch. 6 para. 7(2) omitted (23.5.2016) by virtue of NHS (Charitable Trusts Etc) Act 2016 (c. 10), ss. 3(11)(b), 5(3)

F14Sch. 6 para. 7(3) omitted (23.5.2016) by virtue of NHS (Charitable Trusts Etc) Act 2016 (c. 10), ss. 3(11)(c), 5(3)