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16.—(1) Schedule 4 contains further provision about regulatory arrangements in relation to—
(a)registered persons and regulated persons; and
(b)licensed bodies (see paragraphs 10 and 11(1)(b) and (c)).
(2) The powers conferred on ITMA by this Order are not to be taken to prejudice—
(a)any other power which ITMA may have to make rules or regulations (however they may be described and whether they are made under an enactment or otherwise); or
(b)any other rules or regulations made by ITMA under any such power(1).
Powers are conferred by sections 83 to 88 of the Trade Marks Act 1994 (“the 1994 Act”) which are for the time being exercisable by the Institute of Trade Mark Attorneys (“ITMA”). Section 83(3) of the 1994 Act provides that the register of trade mark attorneys under section 83 is to be kept by ITMA and section 83A specifies functions which are exercisable by the person who keeps the register. Section 83(4) confers power on the Secretary of State to make an order requiring a person other than ITMA to keep the register. No order has been made at the date on which this Order comes into force. Section 83 of the 1994 Act was substituted by section 184(3) of the Legal Services Act 2007.
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