The Copyright (Bermuda) Order 2003

(a) for "an EEA state" there is substituted "Bermuda";

(b) for "is not a national of an EEA state" there is substituted "does not possess Bermudian status".

In subsection (8)(c) for "being a national of an EEA state" there is substituted "possessing Bermudian status".

(a) for "an EEA state" there is substituted "Bermuda";

(b) for "is not a national of an EEA state" there is substituted "does not possess Bermudian status".

In subsection (8) for "being a national of an EEA state" there is substituted "possessing Bermudian status".

(a) for "the United Kingdom or another EEA state" there is substituted "Bermuda";

(b) for "the EEA" there is substituted "Bermuda".

(a) there is omitted "by statutory instrument";

(b) for "House of Parliament" there is substituted "House of the Legislature".

(a) for "Registered Designs Act 1949" in paragraph (a), there is substituted "Patents and Designs Act 1930";

(b) for "1949" in the tailpiece, there is substituted "1930".

In subsection (2), for "1949" there is substituted "1930".

(a) in paragraph (a), there is inserted "or" at the end thereof;

(b) in paragraph (b), there is omitted "or" from the end thereof;

(c) there is omitted paragraph (c).

(a) section 28 (power to make test purchases, etc.);

(b) section 29 (power to enter premises and to seize goods, etc.);

(c) section 30 (offences connected to exercise of powers under section 29);

(d) section 31 (notice of test);

(e) section 32 (compensation);".

(a) For "Commissioners of Customs and Excise" and "Commissioners" where they occur there is substituted "Collector of Customs";

(b) For "the United Kingdom" there is substituted "Bermuda".

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For subsection (3A), (3B) and (4) there is substituted - 

    "(3A) The Collector of Customs may treat as prohibited goods only infringing copies of works which arrive from outside Bermuda.

    (3B) This section does not apply to goods entered, or expected to be entered, for free circulation, export, re-export or for a suspensive procedure in respect of which an application may be made under regulations made under subsection (5).

    (4) Subject to subsections (3A) and (3B), when a notice is in force under this section the importation of goods to which the notice relates, otherwise than by a person for his private and domestic use, is prohibited; but a person is not by reason of the prohibition liable to any penalty other than forfeiture of the goods."

There is inserted after subsection (4) the following subsections - 

    "(5) The Minister may make regulations laying down measures to prohibit the release for free circulation, export, re-export or entry for a suspensive procedure of counterfeit and pirated goods.

    (6) Regulations shall not be made under this section unless a draft of the regulations has been laid before and approved by a resolution of each House of the Legislature.".

(a) For "Commissioners of Customs and Excise" where it occurs there is substituted "Minister of Finance";

(b) For "Commissioners" there is substituted "Collector of Customs".

In subsections (2) and (3), for "Commissioners" where it occurs there is substituted "Collector of Customs".

In subsection (4), for "House of Parliament" there is substituted "House of the Legislature".

There is omitted subsection (5).

"(a) is under a disability within the meaning of the Limitation Act 1984;".

There is omitted subsection (3).

(a) there is inserted "to the Supreme Court." after "decision";

(b) paragraphs (a) and (b) are omitted.

In subsection (7) the words from "including" to the end are omitted.

(a) for "England and Wales and Northern Ireland a county court" there is substituted "A magistrates' court";

(b) there is substituted for the words from "save that" to the end, the words "where the value of the infringing copies and other articles in question does not exceed the magistrates' court limit for actions in tort.".

There is omitted subsection (2).

In subsection (3), for "the High Court or in Scotland, the Court of Session" there is substituted "Supreme Court".

(a) he is a barrister and attorney of at least seven years standing or he has held judicial office; or

(b) he has considerable experience of copyright matters.".

(a) he has become bankrupt or made an arrangement with his creditors;

(b) he is incapacitated by physical or mental illness; or

(c) he is in the opinion of the Minister otherwise unable or unfit to perform his duties as member.

    (5) If a member of the Tribunal is by reason of illness, absence or other reasonable cause for the time being unable to perform the duties of his office, either generally or in relation to particular proceedings, a person may be appointed by the Minister to discharge his duties for a period not exceeding six months at one time or, as the case may be, in relation to those proceedings.".

(a) for "Secretary of State" there is substituted "Minister";

(b) for "Treasury" there is substituted "Minister of Finance".

For subsection (3) there is substituted - 

    "(3) The remuneration of any staff and such other expenses of the Tribunal as the Minister with the approval of the Minister of Finance may determine shall be paid out of money provided by the Legislature."

(a) a chairman, who shall be either the chairman or a deputy chairman of the Tribunal; and

(b) two other members appointed by the Minister from the panel of members.

    (2) If the members of the Tribunal dealing with any matter are not unanimous, the decision shall be taken by majority vote; and if, in such a case, the votes are equal the chairman shall have a further, casting vote.

    (3) If the chairman is unable to continue, he shall appoint one of the remaining members to act as chairman.

    (4) The chairman may (where necessary) appoint a suitably qualified person to attend the proceedings and advise the members on any technical questions on copyright issues arising.

    (5) A person is suitably qualified for the purposes of subsection (4) if he is, or is eligible for appointment as chairman or deputy chairman of the Tribunal.".

(a) possesses Bermudian status;

(b) is an individual domiciled or resident in Bermuda; or

(c) is a body incorporated under the law of Bermuda."

In subsection (2), for "to countries to which it does not extend" there is substituted "to foreign countries".

(a) there is inserted "in Bermuda" immediately after "published";

(b) there are omitted paragraphs (a) and (b).

In subsection (2), for "countries to which it does not extend" there is substituted "foreign countries".

(a) there is inserted "Bermuda" immediately after "place in";

(b) there are omitted paragraphs (a) and (b).

In subsection (2), for "countries to which it does not extend" there is substituted "foreign countries".

(a) for "countries to which it does not extend" in the section heading, there is substituted "foreign countries";

(b) for "Her Majesty may by Order in Council" there is substituted "the Minister may by order";

(c) for "country to which this Part does not extend" there is substituted "foreign country";

(d) for "are British citizens" in paragraph (a), there is substituted "possess Bermudian status";

(e) for "the United Kingdom" where it occurs there is substituted "Bermuda";

(f) for "a part of the United Kingdom", there is substituted "Bermuda";

In subsection (3), for the words beginning with "or another" and ending with "in Council" there is substituted "the Minister shall not make an order".

In subsection (4), for "the United Kingdom" there is substituted "Bermuda".

For subsection (5) there is substituted - 

    "(5) An order made under this section shall be subject to annulment in pursuance of a resolution of either House of the Legislature."

(a) for "Her Majesty", where it occurs there is substituted "the Minister";

(b) for "British" there is substituted "Bermudian";

(c) for "Her Majesty may make provision by Order in Council" there is substituted "the Minister may make provision by order".

In subsection (2) - 

(a) for "Order in Council" there is substituted "order";

(b) for the words beginning with "the United Kingdom" and ending with "extend)" in paragraph (a), there is substituted "Bermuda".

In subsection (3) for "British works" there is substituted "Bermudian works".

In subsection (4), there is substituted - 

    "(4) An order made under this section shall be subject to annulment in pursuance of a resolution of either House of the Legislature."

(a) for "Royal Assent" where it first occurs, there is substituted "Governor's Assent";

(b) for "Royal Assent" where it next occurs there is substituted "the Assent";

In subsection (4) there is omitted "or Measure".

(a) for "Royal Assent" where it occurs in paragraphs (a) and (b), there is substituted "Governor's Assent".

(b) for the provision there is substituted "Provided that, copyright in a Bill continues to subsist notwithstanding its rejection in any session by the Senate if, by virtue of section 38 of the Constitution of Bermuda, it remains possible for it to be presented for the Governor's Assent in that session.".

(a) for "House of Commons" there is substituted "House of Assembly";

(b) for "Chairman of Ways and Means or a Deputy Chairman" there is substituted "Deputy Speaker".

For subsections (3) and (4) there are substituted - 

    "(3) The functions of the Senate as owner of copyright shall be exercised by the President of the Senate on behalf of the Senate; and if so authorised by him, or in case of a vacancy in the office of the President, those functions may be discharged by the Vice President.

    (4) For this purpose a person who on the dissolution of the Legislature was Speaker or Deputy Speaker of the House of Assembly, or President or Vice President of the Senate may continue to act until the corresponding appointment is made in the next Session of the Legislature.".

In subsection (5) - 

(a) for "House of Commons" where it occurs in paragraph (a) there is substituted "House of Assembly";

(b) for "House of Lords in the name of 'The Clerk of the Parliaments'" in paragraph (b), there is substituted "Senate in the name of the 'President of the Senate'".

(a) for "Her Majesty by Order in Council" there is substituted "the Minister by order".

(b) for "the United Kingdom" there is substituted "Bermuda".

For subsection (5), there is substituted - 

    "(5) An order made under this section shall be subject to annulment in pursuance of a resolution of either House of the Legislature.".

(a) there is inserted "as applied in Bermuda" at the end of the definitions of the "1911 Act" and the "1956 Act";

(b) there are omitted the words from "and Schedule 3" to the end, in the definitions of "the new copyright provisions".

"(3) In subparagraph (2)(a) "set articles" means a number of articles of the same general character ordinarily on sale or intended to be used together, to each of which the same design, or the same design with modifications or variations not sufficient to alter the character or substantially to affect the identity thereof, is applied."

(a) for "section 12(2)" in sub-subparagraph (b) there is substituted "section 12(3)";

(b) for "section 12(1)" and "50 years" in the tailpiece there is substituted "section 12(2)" and "70 years" respectively.

(a) there is omitted "Parliamentary";

(b) for "Parliament" there is substituted "the Legislature".

There is omitted subparagraph (2)(c).