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24th November 1999
Laid before Parliament
25th November 1999
Coming into force in accordance with Article 1(1)
At the Court at Buckingham Palace, the 24th day of November 1999
The Queen’s Most Excellent Majesty in Council
Her Majesty, in exercise of the powers conferred upon Her by section 165(7) of the Copyright, Designs and Patents Act 1988(1) and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:
1.—(1) This Order may be cited as the Parliamentary Copyright (Northern Ireland Assembly) Order 1999 and shall come into force on the day appointed for the commencement of Parts II and III of the Northern Ireland Act 1998(2).
(2) In this Order—
“the Act” means the Copyright, Designs and Patents Act 1988.
2. In the application of section 165 (parliamentary copyright) of the Act to works made by or under the direction or control of the Northern Ireland Assembly, it shall be read as if—
(a)references to “the House of Commons or the House of Lords”, “that House”, or “either House” were references to “the Northern Ireland Assembly”;
(b)for subsection (1)(b) there were substituted—
“(b)the Northern Ireland Assembly Commission(3) is the first owner of any copyright in the work”;
(c)the reference in subsection (4)(a) to “employee” were a reference to “member of the staff”; and
(d)in subsection (4)—
“officer” meant the Presiding Officer and any deputy, elected under section 39 of the Northern Ireland Act 1998;
“proceedings” included proceedings of any committee or sub-committee; and
“staff” had the same meaning as “staff of the Assembly” in the Northern Ireland Act(4).
A. K. Galloway
Clerk of the Privy Council
(This note is not part of the Order)
This Order modifies the provisions of section 165 of the Copyright, Designs and Patents Act 1988 (Parliamentary copyright), so that its provisions apply with modifications to works made by or under the direction or control of the Northern Ireland Assembly. By virtue of subsection (7) of section 165, the provisions of that section apply not only in respect of works made by or under the direction or control of the House of Commons or the House of Lords, but also subject to any exceptions or modifications specified by Order in Council, to works made by or under the direction or control of any other legislative body of a country to which Part I of the 1988 Act applies. The application of Part I extends to Northern Ireland.
The Order requires provisions of section 165 to be read as if—
(a)various references to the House of Commons or the House of Lords were references to the Northern Ireland Assembly; and
(b)where there is Parliamentary copyright in a work, the Northern Ireland Assembly Commission is the first owner of any copyright in the work.
1998 c. 47. Section 3 of the Northern Ireland Act 1998 provides for a day for the commencement of Parts II and III of that Act to be appointed by Order in Council.
Established by section 40 of the Northern Ireland Act 1998 (c. 47).
Paragraph 2(2) of Schedule 5 to the Northern Ireland Act 1998, read with paragraph 2(5) of that Schedule, provides the definition of “staff of the Assembly”.
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