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Patents Act 2004

Section 17 – Commencement etc

112.Subsection (1) of this section allows the provisions of the Act to be brought into force by commencement orders. However, subsection (2) ensures that the provisions in Schedule 2 which relate to the RRO come into force automatically on the commencement of the RRO itself.

113.Subsection (3) allows a commencement order to bring a provision into force on different days for different purposes, and subsection (4) permits an order to make (a) supplementary, incidental or consequential provision, or (b) transitory, transitional or saving provision.

114.Subsection (5) ensures that an order which contains any supplementary, incidental or consequential provision is subject to the negative procedure – but an order which contains only transitory, transitional or saving provision is not subject to such a procedure. Subsection (6) makes clear that the provision made under subsection (4) may amend or repeal any existing primary or secondary legislation. However, subsection (7) ensures that an order which adds to, replaces or omits any part of an Act must be subject to the affirmative procedure.

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