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Trade Marks Act 1994
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Changes and effects
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- s. 77(2)(a) substituted by 2007 c. 15 Sch. 10 para. 25(2)
- s. 77(2)(b) word substituted by 2007 c. 15 Sch. 10 para. 25(3)
- s. 77(2)(c) word substituted by 2007 c. 15 Sch. 10 para. 25(3)
- s. 77(3)(c)(i) words inserted by S.I. 2012/2404 Sch. 2 para. 31
- s. 77(5) (6) inserted by 2005 c. 4 Sch. 4 para. 238
Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:
Changes and effects
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
- Act amendment to earlier affecting provision SI 1996/729 by S.I. 2004/1497 art. 2
- Act applied in part (with modifications) by S.I. 2008/2206 art. 3(3) Sch. 1 Pt. 1 Sch. 2
- Blanket Amendment words substituted by 2005 c. 4 Sch. 11 para. 1(2)
- Blanket Amendment words substituted by 2005 c. 4 Sch. 11 para. 5
- Blanket amendment words substituted by S.I. 2011/1043 art. 3 4
- Blanket amendment words substituted by S.I. 2011/1043 art. 3 6
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 6A applied (with modifications) by SI 1996/714 art. 10C(2) (as substituted) by S.I. 2004/948 art. 5
- s. 6A inserted by S.I. 2004/946 reg. 4
- s. 6A(1)(b) text amended by S.I. 2008/1067 art. 4(2)
- s. 6A(5) text amended by S.I. 2008/1067 art. 4(3)
- s. 83 83A substituted for s. 83 by 2007 c. 29 s. 184(3) (This Act is amended by SI 2009/3339 art. 2)
- s. 83A amendment to earlier affecting provision 2007 c. 29 s. 184(3) by S.I. 2009/3339 art. 2
- Sch. 21 para. 7(2) inserted by 2007 c. 29 Sch. 21 para. 108(c)
Commencement Orders yet to be applied to the Trade Marks Act 1994:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2005/1126 art. 2 commences (2005 c. 11)
- S.I. 2005/3495 art. 2 commences (2005 c. 15)
- S.I. 2006/1014 art. 2(a) Sch. 1 para. 11(v) commences (2005 c. 4)
- S.I. 2007/1064 art. 2 commences (2006 c. 12)
- S.I. 2007/2194 art. 8 Sch. 2 commences (2006 c. 46)
- S.I. 2007/3495 art. 5 art. 8(b) Sch. 3 art. 8(a) Sch. 2 commences (2006 c. 46)
- S.I. 2008/1653 art. 2 commences (2007 c. 15)
- S.I. 2008/1886 art. 2(f) commences (2006 c. 46)
- S.I. 2008/2860 art. 3 4 Sch. 1 commences (2006 c. 46)
- S.I. 2009/1604 art. 2 commences (2005 c. 4)
- S.I. 2009/3250 art. 2(f)(i) art. 2(h) art. 2(i) commences (2007 c. 29)
77 Persons appointed to hear and determine appeals.E+W+S+N.I.
(1)For the purposes of section 76 an “appointed person” means a person appointed by the Lord Chancellor to hear and decide appeals under this Act.
(2)A person is not eligible for such appointment unless—
(a)he has a 7 year general qualification, within the meaning of section 71 of the M1Courts and Legal Services Act 1990;
(b)he is an advocate or solicitor in Scotland of at least 7 years’ standing;
(c)he is a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 7 years’ standing; or
(d)he has held judicial office.
(3)An appointed person shall hold and vacate office in accordance with his terms of appointment, subject to the following provisions—
(a)there shall be paid to him such remuneration (whether by way of salary or fees), and such allowances, as the Secretary of State with the approval of the Treasury may determine;
(b)he may resign his office by notice in writing to the Lord Chancellor;
(c)the Lord Chancellor may by notice in writing remove him from office if—
(i)he has become bankrupt or made an arrangement with his creditors or, in Scotland, his estate has been sequestrated or he has executed a trust deed for his creditors or entered into a composition contract, or
(ii)he is incapacitated by physical or mental illness,
or if he is in the opinion of the Lord Chancellor otherwise unable or unfit to perform his duties as an appointed person.
(4)The Lord Chancellor shall consult the Lord Advocate before exercising his powers under this section.
Annotations:
Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.
Modifications etc. (not altering text)
C1S. 77: Functions of the Lord Advocate transferred to the Secretary of State, and all property, rights and liabilities to which the Lord Advocate is entitled or subject in connection with any such function transferred to the Secretary of State for Scotland (19.5.1999) by S.I. 1999/678, arts. 2, 3, Sch. (with art. 7)
S. 77 modified (30.6.1999) by S.I. 1999/1748, art. 3, Sch. 1 para. 17
S. 77: transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7); S.I. 1998/3178.art. 2(1)
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