http://www.legislation.gov.uk/uksi/2016/370The Copyright (Cayman Islands) (Amendment) Order 2016enCOPYRIGHTStatute Law Database2026-03-03Expert Participation2016-03-15 This Order amends the Copyright (Cayman Islands) Order 2015 which extended Part 1 of the Copyright, Designs and Patents Act 1988 to the Cayman Islands. This Order modifies or omits a number of provisions in order to update references to the Cayman Islands’ legislative process, take into account recent amendments to those provisions in the U.K. and to correct technical errors. 2016 No. 370CopyrightThe Copyright (Cayman Islands) (Amendment) Order 2016Made15th March 2016Coming into force in accordance with article 1At the Court at Buckingham Palace, the 15th day of March 2016Present,The Queen’s Most Excellent Majesty in CouncilHer Majesty, by and with the advice of Her Privy Council, in exercise of the powers conferred on Her by section 157(2) of the Copyright, Designs and Patents Act 1988 makes the following Order: Citation and Commencement1This Order may be cited as the Copyright (Cayman Islands) (Amendment) Order 2016 and shall come into force on such date as the Governor of the Cayman Islands may appoint by proclamation published in the Gazette of the Cayman Islands.Amendments to the Schedule to the Copyright (Cayman Islands) Order 201521Part 1 of the Schedule to the Copyright (Cayman Islands) Order 2015 is amended as follows.2In paragraph 1(a) omit “73A,”.3Part 2 of the Schedule to the Copyright (Cayman Islands) Order 2015 is amended as follows.4In paragraph 3 insert after (b)—creferences to “educational establishments” are to be read as references to “educational institutions”..5Insert after paragraph 3—3ASection 13A applies with the omission in subsection (2) of the words “and section 191(HA)(4).”.6In paragraph 8 for (b) substitute—bwith the substitution for subsection (7) of—7An order made under this section is subject to negative resolution, as provided in section 28(3) of the Interpretation Law (1995 Revision)...7In paragraph 13 for (b) substitute—bwith the substitution for subsection (5) of—5An order made under this section is subject to negative resolution, as provided in section 28(3) of the Interpretation Law (1995 Revision)...8For paragraph 14 substitute—14Section 53 applies—awith the omission in subsection (1)(a)—iof sub-paragraph (ii); andiiof the words “or, in a case of registration under the Community Design Regulation, that the person registered as the right holder was not the right holder of the design for the purposes of the Regulation”;bwith the omission of subsections (3) and (4); andcwith references to the Registered Designs Act 1949 being read as references to the enactments relating to the registration of designs in force in the Cayman Islands..9Omit paragraph 15.10In paragraph 16 for (b) substitute—bwith the substitution for subsection (4) of—4Orders made under this section are subject to affirmative resolution, as provided in section 28(2) of the Interpretation Law (1995 Revision)..11In paragraph 17 for subsection 69(4) as modified substitute—4An order made under this section is subject to negative resolution, as provided in section 28(3) of the Interpretation Law (1995 Revision)..12For paragraph 18 substitute—18Section 73 applies—awith the substitution for subsections (6), (7) and (8) of the following—6In this section, “qualifying service” means a service prescribed by Cabinet under subsection (8).7In this section, “relevant requirement” means a requirement imposed by a licence relating to a “must-carry service” (within the meaning of such Law as may be for the time being in force in Cayman Islands in relation to broadcasting), the setting of which is authorized by that Law.8Cabinet may by order prescribe a qualifying service, which may be identified by type of institution providing the service.;bwith the substitution in subsections (9), (10) and (11) for the words “Secretary of State” of the word “Cabinet”; andcwith the substitution for subsection (12) of the following—12An order made under this section is subject to negative resolution, as provided in section 28(3) of the Interpretation Law (1995 Revision)...13For paragraph 20 substitute—20Section 81(6) applies—awith the insertion at the end of paragraph (a) of the word “or”;bwith the omission of the word “or” at the end of paragraph (b); andcwith the omission of paragraph (c)..14In paragraph 22 omit the words “under the Commissions of Enquiry” where they first appear.15In paragraph 24 for (c) substitute—cwith the substitution for subsection (6) of—6An order made under this section is subject to negative resolution, as provided in section 28(3) of the Interpretation Law (1995 Revision)...16In paragraph 27 for sub-paragraph (d) substitute—dwith the omission of subsection (6).17In paragraph 29 in (b), after “(3A),” insert “(3B,)”.18In paragraph 30 for (b) substitute—bwith the substitution for subsection (4) of—4Regulations made under this section are subject to negative resolution, as provided in section 28(3) of the Interpretation Law (1995 Revision)...19For paragraph 35 substitute —35Section 116 applies—awith the reference to subsidiaries in subsection (4) being read as references to subsidiary companies within the meaning of section 232 of the Companies Law (2013 Revision);bwith the reference to a holding company in subsection (4) being read as a reference to “a parent company” within the meaning of section 232 of the Companies Law (2013 Revision); andcwith the omission of subsection (5)..20For paragraph 37 substitute—37Section 116D applies with the substitution for subsections (4) and (5) of—4Regulations made under this section are subject to affirmative resolution, as provided in section 28(2) of the Interpretation Law (1995 Revision)..21In paragraph 39 for (b) substitute—bwith the substitution for subsection (2) of—2An order made under this section is subject to affirmative resolution, as provided in section 28(2) of the Interpretation Law (1995 Revision)...22In paragraph 41 for (b) substitute—bwith the substitution for subsection (6) of—6Regulations made under this section are subject to negative resolution, as provided in section 28(3) of the Interpretation Law (1995 Revision)...23In paragraph 42 for (b) substitute—bwith the substitution for subsection (8) of—8An order made under this section is subject to negative resolution, as provided in section 28(3) of the Interpretation Law (1995 Revision)...24In paragraph 44—afor sections 145(2) and (3) as modified substitute—2The Copyright Tribunal shall consist of a chairman, a deputy chairman and not more than three other members, appointed by the Cabinet.3A person is not eligible for appointment as chairman or deputy chairman unless—ahe is a barrister or attorney of at least five years’ standing or he has held judicial office; orbhe has considerable experience of copyright matters.; andbin section 148(1)(a) as modified omit the word “a” before “deputy”.25In paragraph 45 for “paragraph (ca)” substitute “paragraphs (ca) and (f)”.26In paragraph 46 for section 150(5) as modified substitute—5Rules made under this section are subject to negative resolution, as provided in section 28(3) of the Interpretation Law (1995 Revision)..27In paragraph 51 for sub-paragraph (c) substitute—cwith the substitution for subsections (4) and (5) of—4In subsection (3) “Convention country” means a country which is a party to a Convention relating to copyright to which the United Kingdom is also a party and which the United Kingdom has extended to the Cayman Islands.5An order made under this section is subject to negative resolution, as provided in section 28(3) of the Interpretation Law (1995 Revision)...28In paragraph 52 for section 160(5) as modified substitute—5An order made under this section is subject to negative resolution, as provided in section 28(3) of the Interpretation Law (1995 Revision)..29For paragraph 53 substitute—53Section 163 applies—awith references to “Her Majesty” being read as “the Crown”; andbwith the substitution in subsection (6) for the words “to 166D” of the words “and 166”..30Paragraph 54 is amended as follows—afor sub-paragraph (a) substitute—awith the substitution for the words “Acts and Measures” in the section heading of the word “Laws”;bin section 164(1) as modified, for the words “Her Majesty” substitute “the Crown”; andcfor sub-paragraph (c) substitute—cwith the substitution in subsection (4) for the words “an Act or Measure” of the words “a Law”.31Paragraph 55 is amended as follows—afor section 168(5) as modified substitute—5An order made under this section is subject to negative resolution, as provided in section 28(3) of the Interpretation Law (1995 Revision).; andbfor section 169(6) as modified substitute—6An order made under this section is subject to negative resolution, as provided in section 28(3) of the Interpretation Law (1995 Revision)..32After paragraph 55 insert—55ASection 170 applies—awith the reference in subsection (2)to the Secretary of State being read as a reference to the Cabinet as defined in section 44 of the Constitution of the Cayman Islands;bwith the omission in subsection (3)(a) of the words “laid down by Directive 2006/116/EC”;cwith the substitution for subsection (6) of the following—6Regulations made under this section are subject to negative resolution, as provided in section 28(3) of the Interpretation Law (1995 Revision).; anddwith the omission of subsection (7)..33In paragraph 56 for sub-paragraph (c) substitute—cwith the substitution in subsection (5) for the words “Acts, Measures” of the word “Laws”.34In paragraph 57 for section 174(7) as modified substitute—7An order made under this section is subject to negative resolution, as provided in section 28(3) of the Interpretation Law (1995 Revision)..35In paragraph 59 insert after sub-paragraph (a)—aawith the omission from the index of defined expressions of the following expressions and of the provisions indicated opposite them in the index—“account of profits and accounts”; “assignment”; “costs”; “defendant”; “delivery up”; “injunction”; and “interlocutory relief”.36After paragraph 59 insert—59ASchedule ZA1 applies—awith the omission of paragraph 1(2);bwith the omission in paragraph 1(3) of the words “or 198” and “or the rights conferred by Chapter 2 of Part 2”;cwith the insertion of the word “or” after paragraph 2(1)(b);dwith the omission in paragraph 2(1)(c) of the word “, or”;ewith the omission of paragraph 2(1)(d);fwith the insertion of the word “or” after paragraph 2(2)(a);gwith the omission at the end of paragraph 2(2)(b) of the word “; or”;hwith the omission of paragraph 2(2)(c);iwith the omission in paragraph 2(3)(a) of the words “or rights conferred by Chapter 2 of Part 2”;jwith the substitution in paragraph 2(3)(b) for the words “a member State” of the words “Cayman Islands”;kwith the substitution in paragraph 2(4) for the words “any of paragraphs (a) to (c)” of the words “paragraph (a) or (b)”;lwith the omission in paragraph 2(4)(a) of the words “or rights conferred by Chapter 2 of Part 2”;mwith the omission in paragraph 2(4)(b) of the words “or broadcast”;nwith the omission at the end of paragraph 2(4) of the words “or (2)”;owith the substitution for paragraph 2(5) of the following—5References in this Schedule to a relevant work include a work that is embedded or incorporated in, or constitutes an integral part of, a relevant work.;pwith the insertion of the word “or” after paragraph 2(6)(a);qwith the omission of paragraphs 2(6)(c) and 2(6)(d);rwith the omission of paragraphs 2(7) and 2(8);swith the omission of paragraph 4 and the heading preceding it;twith the substitution for paragraphs 5(3) to 5(7) of the following—3The sources that are appropriate for each category of relevant work must include the relevant sources listed in Part 2 of this Schedule for that category.;uwith the substitution in paragraph 5(8) for the reference “(3)(b)” of the reference “(3)”;vwith the substitution in paragraph 5(9) for the words “and must provide the following information to the Office for Harmonization in the Internal Market” of the word “including”;wwith the omission in paragraph 6 of the words “or the rights conferred by Chapter 2 of Part 2”; andxwith the omission in paragraph 7(2) of the words “to the Office for Harmonization in the Internal Market or”..37In paragraph 60 for sub-paragraph (b) substitute—bwith the substitution for the definition of “the new copyright provisions” of the following—“The new copyright provisions” means the provisions of this Act relating to copyright, that is, Part 1 (including this Schedule and Schedule ZA1)...38For paragraph 64 substitute—64Paragraph 19 of Schedule 1 applies with the omission of sub-paragraphs (2) to (7)..39For paragraph 68 substitute—68Paragraph 40(1)(b) applies with the substitution of the words “Laws” for the words “Acts, measures.”..40In paragraph 69 for “Acts” substitute “Laws”.Ceri KingDeputy Clerk of the Privy Council EXPLANATORY NOTE(This note is not part of the Order)

This Order amends the Copyright (Cayman Islands) Order 2015 which extended Part 1 of the Copyright, Designs and Patents Act 1988 to the Cayman Islands. This Order modifies or omits a number of provisions in order to update references to the Cayman Islands’ legislative process, take into account recent amendments to those provisions in the U.K. and to correct technical errors.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors in the United Kingdom is foreseen.

 1988 c.48. S.I. 2015/795. Section 13A was amended by S.I. 1995/3297 regulation 6(1), S.I. 2003/2498 regulations 2(2), 3, 29, Schedule 2 and S.I. 2013/1782 regulations 3, 6. Section 53 was amended by the Intellectual Property Act 2015 (c.23) section 5, S.I. 2001/3949 regulation 9(1) Schedule 1 paragraph 16. 1949 c.88. Section 69(4) was amended by the Communications Act 2003 (c.21) section 406(1) and Schedule 17, paragraph 91. Section 73 was substituted by the Broadcasting Act 1996 (c.55), section 138 and Schedule 9 paragraph 1 and amended by the Communications Act 2003 (c.21), section 406(1) and Schedule 17, paragraph 92 and S.I. 2003/2498. Section 116 was amended by S.I. 2009/1941, article 2(1), Schedule 1, paragraph 98(a) and the Enterprise and Regulatory Reform Act 2013 (c.24) section 77(1), (4). Section 116D was inserted by the Enterprise and Regulatory Reform Act 2013 (c.24) section 77(1) and (3). Section 145 was amended by the Courts and Legal Services Act 1990 s 71(2), Schedule 10 and paragraph 73; the Constitutional Reform Act 2005 section 59(5), Schedule 11, paragraph 5; the Tribunals, Courts and Enforcement Act 2007, section 50, Schedule 10, paragraph 20 and S.I. 1999/678 article 2(1), Schedule. Section 163 was amended by the Scotland Act 1998 (c.46), section 125 and Schedule 8, paragraph 25(4) and by the Government of Wales Act 2006 (c.32), section 160(1) and Schedule10, paragraphs 22 and 26. Section 170(2) to (7) was inserted by the Enterprise and Regulatory Reform Act 2013 (c.24), section 76(1) and (3). Schedule ZA1 was inserted by S.I. 2014/2861 regulation 3(5), Schedule. Art. 1 comes into force in accordance with art. 1Art. 2 comes into force in accordance with art. 1Art. 3 comes into force in accordance with art. 1Art. 4 comes into force in accordance with art. 1Art. 5 comes into force in accordance with art. 1Art. 6 comes into force in accordance with art. 1Art. 7 comes into force in accordance with art. 1Art. 8 comes into force in accordance with art. 1Art. 9 comes into force in accordance with art. 1Art. 10 comes into force in accordance with art. 1Art. 11 comes into force in accordance with art. 1Art. 12 comes into force in accordance with art. 1Art. 13 comes into force in accordance with art. 1Art. 14 comes into force in accordance with art. 1Art. 15 comes into force in accordance with art. 1Art. 16 comes into force in accordance with art. 1Art. 17 comes into force in accordance with art. 1Art. 18 comes into force in accordance with art. 1Art. 19 comes into force in accordance with art. 1Art. 20 comes into force in accordance with art. 1Art. 21 comes into force in accordance with art. 1Art. 22 comes into force in accordance with art. 1Art. 23 comes into force in accordance with art. 1Art. 24 comes into force in accordance with art. 1Art. 25 comes into force in accordance with art. 1Art. 26 comes into force in accordance with art. 1Art. 27 comes into force in accordance with art. 1Art. 28 comes into force in accordance with art. 1Art. 29 comes into force in accordance with art. 1Art. 30 comes into force in accordance with art. 1Art. 31 comes into force in accordance with art. 1Art. 32 comes into force in accordance with art. 1Art. 33 comes into force in accordance with art. 1Art. 34 comes into force in accordance with art. 1Art. 35 comes into force in accordance with art. 1Art. 36 comes into force in accordance with art. 1Art. 37 comes into force in accordance with art. 1Art. 38 comes into force in accordance with art. 1Art. 39 comes into force in accordance with art. 1Art. 40 comes into force in accordance with art. 1