HC Deb 25 July 1988 vol 138 cc220-1

Amendments made: No. 142, in page 154, line 34, leave out from 'fit' to end of line 40 and insert— '(3A) The registrar may, in such cases as may be prescribed, direct that for the purpose of deciding whether a design is new an applicant shall be treated as made on a date earlier or later than that on which it was in fact made.'.

No. 143, in page 156, line 41, leave out '(3)' and insert '(3A)'.

No. 208, in page 158, line 41, leave out paragraph 17 and insert— '17.—(1) Section 28 of the Registered Designs Act 1949 (the Appeal Tribunal) is amended as follows. (2) For subsection (2) (members of Tribunal) substitute— (2) The Appeal Tribunal shall consist of—

  1. (a) one or more judges of the High Court nominated by the Lord Chancellor, and
  2. (b) one judge of the Court of Session nominated by the Lord President of that Court.".
(3) In subsection (5) (costs), after "costs" (twice) insert "or expenses", and for the words from "and any such order" to the end substitute— and any such order may be enforced—
  1. (a) in England and Wales or Northern Ireland, in the same way as an order of the High Court;
  2. (b) in Scotland, in the same way as a decree for expenses granted by the Court of Session.".
 (4) For subsection (10) (seniority of judges) substitute— (10) In this section 'the High Court' means the High Court in England and Wales; and for the purposes of this section the seniority of judges shall be reckoned by reference to the dates on which they were appointed judges of that court or the Court of Session.'. (5) The amendments to section 28 made by section 10(5)of the Administration of Justice Act 1970 (power to make rules as to right of audience) shall be deemed always to have extended to Northern Ireland.'.

No. 245, in page 163, line 3, at end insert— '(5) In paragraph (4) for "a department of the Government of Northern Ireland" substitute "a Northern Ireland department", and at the end add "and in relation to a Northern Ireland department references to the Treasury shall be construed as references to the Department of Finance and Personnel".'.—[Mr. Garel-Jones]

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