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E-Quick Package |
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 £ 32.00 | No Annual Fees! | | |
 This is our most popular package with UK residents, and includes:
 The submission of forms detailing your company's executive officers
The registration of your £1,000 authorised share capital (a minimum of one share must be issued)
Company formation is usually achieved within 6-8 workday hours (Companies House permitting)
Payment of UK legal and initiation fees
The appointment of your own candidates as directors and secretary (a minimum of two people are required)
The following documents will be e-mailed to you (Note: these documents are to be printed and signed):
Electronic Certificate of Incorporation (PDF)
Electronic Memorandum & Articles of Association (MS Word)
Minutes of the First Meeting of Directors (MS Word)
Share Certificates and company Register
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Economy Package |
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| £ 82.00 | Annual Maintenance Fee £50.00 | | |
This is our most popular package with EU residents, and includes:
The submission of forms detailing your company's executive officers
The registration of your £1,000 authorised share capital (a minimum of one share must be issued)
Company registration is usually achieved within 6-8 workday hours (Companies House permitting)
Payment of UK legal and initiation fees
The appointment of your own candidates as directors and secretary (a minimum of two people are required)
A registered office address for 12 months, provided by Coddan
An application form for the following year's renewal of the Registered Office Address service (£50.00)
Annual Return and Annual Account reminder
The following documents will be e-mailed to you (Note: these documents are to be printed and signed):
Electronic Certificate of Incorporation (PDF)
Electronic Memorandum & Articles of Association (MS Word)
Minutes of the First Meeting of Directors (MS Word)
Share Certificates and company Register
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Premier Package |
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| £ 131.95 | Annual Maintenance Fee £99.95 | | |
This is our most popular package with small business, and includes:
The submission of forms detailing your company's executive director
The registration of your £1,000 authorised share capital (a minimum of one share must be issued)
Company incorporation is usually achieved within 6-8 workday hours (Companies House permitting)
Payment of UK legal and initiation fees
Applicant appointment of director for company (appointed electronically)
A registered office address for 12 months, provided by Coddan
An application form for the following year's renewal of the Registered Office Address service (£50.00)
Nominee company secretary service for 12 months (next year - £49.95)
Annual Return and Annual Account reminder
The following documents will be posted to you (these documents will be sent via Royal Mail):
The original laminated Certificate of Incorporation
A bound copy of the Memorandum and Articles of Association
The Minutes of the First Directors' Meeting
Two printed share certificates and Company Register
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Deluxe Package |
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| £ 256.95 | Annual Maintenance Fee £224.95 | | |
This is our most popular package with overseas residents, and includes:
The filing and registration of your company in England
The registration of your £1,000 authorized share capital (a minimum of one share must be issued)
Company formation is usually achieved within 6-8 workday hours (Companies House permitting)
Payment of UK legal and initiation fees
A registered office address for 12 months, provided by Coddan
An application form for the following year's renewal of the Registered Office Address service (£50.00)
Nominee Company secretarial service for 12 months (next year - £49.95)
Coddan provides a company nominee director service for 1 year (next year - £125.00)
The name of the nominee director & secretary will appear as a public record
Annual Return and Annual Account reminder
The following documents will be posted to you (these documents will be sent via Royal Mail):
The original laminated Certificate of Incorporation
A bound copy of the Memorandum and Articles of Association
The Minutes of the First Directors' Meeting
Two printed share certificates and Company' Register
A pre-signed, undated letter of resignation from the nominee director
A General Power of Attorney signed by nominee director
An indemnity Letter for General Power of Attorney
A nominee service agreement which provides for the indemnification of the nominees
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Name Protection |
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| £ 22.00 | Annual Maintenance Fee £60.00 | | |
The purpose of this package:
This package allows you to register a company name with Companies House and thus prevent this name being used to form a company by anyone else
This package includes:
The registration of a non-trading limited company with your choice of name
Payment of UK legal and initiation fees
A nominee director
A nominee secretary
A nominee shareholder
A registered office address
Management of the company:
Coddan will file the annual return and dormant company accounts on your behalf for an annual fee of £60.00
If you do not wish to renew the management option at the end of term, the company will be dissolved
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| Business Start-Up: Legal Requirements | | |
Company subscribers may be residents outside the UK
You must appoint a minimum of ONE Director
There is no maximum number of Directors
Directors can be corporate bodies or private individuals
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If there is only ONE Director he or she CANNOT also be the Secretary
A company must have a minimum of one shareholder who may be a corporate body or an individual
No minimum paid up share capital
A minimum of one share may be issued
Capital may be denominated in any currency
Shareholders and directors meetings may take place outside Great Britain
The company is required to have a registered office in the UK
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 | Copyright, etc. and Trade Marks (Offences and Enforcement) Act 2002 2002 Chapter 25 |
| | | © Crown Copyright 2002 Acts of Parliament printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament. The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users. It should be noted that the right to reproduce the text of Acts of Parliament does not extend to the Queen's Printer imprints which should be removed from any copies of the Act which are issued or made available to the public. This includes reproduction of the Act on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document. The text of this Internet version of the Act is published by the Queen's Printer of Acts of Parliament and has been prepared to reflect the text as it received Royal Assent. A print version is also available and is published by The Stationery Office Limited as the Copyright, etc. and Trade Marks (Offences and Enforcement) Act 2002, ISBN 0 10 542502 8. Braille copies of this Act can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522. To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available. |
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Copyright, etc. and Trade Marks (Offences and Enforcement) Act 20022002 Chapter 25 |  | | | | | | |
| | | An Act to amend the Copyright, Designs and Patents Act 1988 in respect of criminal offences, search warrants, powers of seizure and orders for forfeiture; to amend the Trade Marks Act 1994 in respect of search warrants and powers of seizure; and for connected purposes. [24th July 2002] BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-
| | |
Amendment of the Copyright, Designs and Patents Act 1988 | | 1 | Penalties for criminal offences
| | | (1) The Copyright, Designs and Patents Act 1988 (c. 48) (in this Act referred to as the "1988 Act") is amended as follows.
| | | (2) In section 107(4)(b) (criminal liability for making or dealing with infringing articles, etc.), for "two" substitute "ten".
| | | (3) In section 198(5)(b) (criminal liability for making, dealing with or using illicit recordings), for "two" substitute "ten".
| | | (4) In section 297A(2) (criminal liability in relation to unauthorised decoders)-
| | | (a) for paragraph (a) substitute- | | |  | "(a) on summary conviction, to imprisonment for a term not exceeding six months, or to a fine not exceeding the statutory maximum, or to both;"; and |
| | | (b) in paragraph (b), for "two" substitute "ten". | | | (5) This section does not have effect in relation to any offence committed before the commencement of this section.
| | 2 | Search warrants
| | | (1) The 1988 Act is amended as follows.
| | | (2) In section 109 (search warrants: infringing articles, etc.)-
| | | (a) in subsection (1)(a), for "107(1)(a), (b), (d)(iv) or (e)" substitute "107(1) or (2)"; | | | (b) in subsection (4), after "107(1)" insert "or (2)"; and | | | (c) in subsection (5), after "buildings," insert "fixed or". | | | (3) In section 200 (search warrants: illicit recordings)-
| | | (a) in subsection (1)(a)- | | | (i) for "198(1)(a), (b) or (d)(iii)" substitute "198(1)"; and
| | | (ii) after "importing" insert ", possessing, selling etc."; and
| | | (b) after subsection (3) insert- | | | | "(3A) In executing a warrant issued under subsection (1) a constable may seize an article if he reasonably believes that it is evidence that any offence under section 198(1) has been or is about to be committed.".
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| | | (4) After section 297A insert-
| | | | "297B | Search warrants
| | (1) Where a justice of the peace (in Scotland, a sheriff or justice of the peace) is satisfied by information on oath given by a constable (in Scotland, by evidence on oath) that there are reasonable grounds for believing-
| | | (a) that an offence under section 297A(1) has been or is about to be committed in any premises, and | | | (b) that evidence that such an offence has been or is about to be committed is in those premises, | | | he may issue a warrant authorising a constable to enter and search the premises, using such reasonable force as is necessary.
| | | (2) The power conferred by subsection (1) does not, in England and Wales, extend to authorising a search for material of the kinds mentioned in section 9(2) of the Police and Criminal Evidence Act 1984 (c. 60) (certain classes of personal or confidential material).
| | | (3) A warrant under subsection (1)-
| | | (a) may authorise persons to accompany any constable executing the warrant, and | | | (b) remains in force for 28 days from the date of its issue. | | | (4) In executing a warrant issued under subsection (1) a constable may seize an article if he reasonably believes that it is evidence that any offence under section 297A(1) has been or is about to be committed.
| | | (5) In this section "premises" includes land, buildings, fixed or moveable structures, vehicles, vessels, aircraft and hovercraft.".
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| | 3 | Forfeiture: infringing copies, etc.
| | | After section 114 of the 1988 Act (order as to disposal of infringing copy or other article) insert-
| | | | "114A | Forfeiture of infringing copies, etc.: England and Wales or Northern Ireland
| | (1) In England and Wales or Northern Ireland where there have come into the possession of any person in connection with the investigation or prosecution of a relevant offence-
| | | (a) infringing copies of a copyright work, or | | | (b) articles specifically designed or adapted for making copies of a particular copyright work, | | | that person may apply under this section for an order for the forfeiture of the infringing copies or articles.
| | | (2) For the purposes of this section "relevant offence" means-
| | | (a) an offence under section 107(1) or (2) (criminal liability for making or dealing with infringing articles, etc.), | | | (b) an offence under the Trade Descriptions Act 1968 (c. 29), or | | | (c) an offence involving dishonesty or deception. | | | (3) An application under this section may be made-
| | | (a) where proceedings have been brought in any court for a relevant offence relating to some or all of the infringing copies or articles, to that court, or | | | (b) where no application for the forfeiture of the infringing copies or articles has been made under paragraph (a), by way of complaint to a magistrates' court. | | | (4) On an application under this section, the court shall make an order for the forfeiture of any infringing copies or articles only if it is satisfied that a relevant offence has been committed in relation to the infringing copies or articles.
| | | (5) A court may infer for the purposes of this section that such an offence has been committed in relation to any infringing copies or articles if it is satisfied that such an offence has been committed in relation to infringing copies or articles which are representative of the infringing copies or articles in question (whether by reason of being of the same design or part of the same consignment or batch or otherwise).
| | | (6) Any person aggrieved by an order made under this section by a magistrates' court, or by a decision of such a court not to make such an order, may appeal against that order or decision-
| | | (a) in England and Wales, to the Crown Court, or | | | (b) in Northern Ireland, to the county court. | | | (7) An order under this section may contain such provision as appears to the court to be appropriate for delaying the coming into force of the order pending the making and determination of any appeal (including any application under section 111 of the Magistrates' Courts Act 1980 (c. 43) or Article 146 of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) (statement of case)).
| | | (8) Subject to subsection (9), where any infringing copies or articles are forfeited under this section they shall be destroyed in accordance with such directions as the court may give.
| | | (9) On making an order under this section the court may direct that the infringing copies or articles to which the order relates shall (instead of being destroyed) be forfeited to the owner of the copyright in question or dealt with in such other way as the court considers appropriate.
| | 114B | Forfeiture of infringing copies, etc.: Scotland
| | | (1) In Scotland the court may make an order under this section for the forfeiture of any-
| | | (a) infringing copies of a copyright work, or | | | (b) articles specifically designed or adapted for making copies of a particular copyright work. | | | (2) An order under this section may be made-
| | | (a) on an application by the procurator-fiscal made in the manner specified in section 134 of the Criminal Procedure (Scotland) Act 1995 (c. 46), or | | | (b) where a person is convicted of a relevant offence, in addition to any other penalty which the court may impose. | | | (3) On an application under subsection (2)(a), the court shall make an order for the forfeiture of any infringing copies or articles only if it is satisfied that a relevant offence has been committed in relation to the infringing copies or articles.
| | | (4) The court may infer for the purposes of this section that such an offence has been committed in relation to any infringing copies or articles if it is satisfied that such an offence has been committed in relation to infringing copies or articles which are representative of the infringing copies or articles in question (whether by reason of being of the same design or part of the same consignment or batch or otherwise).
| | | (5) The procurator-fiscal making the application under subsection (2)(a) shall serve on any person appearing to him to be the owner of, or otherwise to have an interest in, the infringing copies or articles to which the application relates a copy of the application, together with a notice giving him the opportunity to appear at the hearing of the application to show cause why the infringing copies or articles should not be forfeited.
| | | (6) Service under subsection (5) shall be carried out, and such service may be proved, in the manner specified for citation of an accused in summary proceedings under the Criminal Procedure (Scotland) Act 1995.
| | | (7) Any person upon whom notice is served under subsection (5) and any other person claiming to be the owner of, or otherwise to have an interest in, infringing copies or articles to which an application under this section relates shall be entitled to appear at the hearing of the application to show cause why the infringing copies or articles should not be forfeited.
| | | (8) The court shall not make an order following an application under subsection (2)(a)-
| | | (a) if any person on whom notice is served under subsection (5) does not appear, unless service of the notice on that person is proved, or | | | (b) if no notice under subsection (5) has been served, unless the court is satisfied that in the circumstances it was reasonable not to serve such notice. | | | (9) Where an order for the forfeiture of any infringing copies or articles is made following an application under subsection (2)(a), any person who appeared, or was entitled to appear, to show cause why infringing copies or articles should not be forfeited may, within 21 days of the making of the order, appeal to the High Court by Bill of Suspension.
| | | (10) Section 182(5)(a) to (e) of the Criminal Procedure (Scotland) Act 1995 (c. 46) shall apply to an appeal under subsection (9) as it applies to a stated case under Part 2 of that Act.
| | | (11) An order following an application under subsection (2)(a) shall not take effect-
| | | (a) until the end of the period of 21 days beginning with the day after the day on which the order is made, or | | | (b) if an appeal is made under subsection (9) above within that period, until the appeal is determined or abandoned. | | | (12) An order under subsection (2)(b) shall not take effect-
| | | (a) until the end of the period within which an appeal against the order could be brought under the Criminal Procedure (Scotland) Act 1995, or | | | (b) if an appeal is made within that period, until the appeal is determined or abandoned. | | | (13) Subject to subsection (14), infringing copies or articles forfeited under this section shall be destroyed in accordance with such directions as the court may give.
| | | (14) On making an order under this section the court may direct that the infringing copies or articles to which the order relates shall (instead of being destroyed) be forfeited to the owner of the copyright in question or dealt with in such other way as the court considers appropriate.
| | | (15) For the purposes of this section-
| | | "relevant offence" means an offence under section 107(1) or (2) (criminal liability for making or dealing with infringing articles, etc.), or under the Trade Descriptions Act 1968 (c. 29) or any offence involving dishonesty or deception; | | | | | | (a) in relation to an order made on an application under subsection (2)(a), the sheriff, and
| | | (b) in relation to an order made under subsection (2)(b), the court which imposed the penalty.".
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| | 4 | Forfeiture: illicit recordings
| | | After section 204 of the 1988 Act (order as to disposal of illicit recording) insert-
| | | | "204A | Forfeiture of illicit recordings: England and Wales or Northern Ireland
| | (1) In England and Wales or Northern Ireland where illicit recordings of a performance have come into the possession of any person in connection with the investigation or prosecution of a relevant offence, that person may apply under this section for an order for the forfeiture of the illicit recordings.
| | | (2) For the purposes of this section "relevant offence" means-
| | | (a) an offence under section 198(1) (criminal liability for making or dealing with illicit recordings), | | | (b) an offence under the Trade Descriptions Act 1968 (c. 29), or | | | (c) an offence involving dishonesty or deception. | | | (3) An application under this section may be made-
| | | (a) where proceedings have been brought in any court for a relevant offence relating to some or all of the illicit recordings, to that court, or | | | (b) where no application for the forfeiture of the illicit recordings has been made under paragraph (a), by way of complaint to a magistrates' court. | | | (4) On an application under this section, the court shall make an order for the forfeiture of any illicit recordings only if it is satisfied that a relevant offence has been committed in relation to the illicit recordings.
| | | (5) A court may infer for the purposes of this section that such an offence has been committed in relation to any illicit recordings if it is satisfied that such an offence has been committed in relation to illicit recordings which are representative of the illicit recordings in question (whether by reason of being part of the same consignment or batch or otherwise).
| | | (6) Any person aggrieved by an order made under this section by a magistrates' court, or by a decision of such a court not to make such an order, may appeal against that order or decision-
| | | (a) in England and Wales, to the Crown Court, or | | | (b) in Northern Ireland, to the county court. | | | (7) An order under this section may contain such provision as appears to the court to be appropriate for delaying the coming into force of the order pending the making and determination of any appeal (including any application under section 111 of the Magistrates' Courts Act 1980 (c. 43) or Article 146 of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1987/1675 (N.I. 26)) (statement of case)).
| | | (8) Subject to subsection (9), where any illicit recordings are forfeited under this section they shall be destroyed in accordance with such directions as the court may give.
| | | (9) On making an order under this section the court may direct that the illicit recordings to which the order relates shall (instead of being destroyed) be forfeited to the person having the performers' rights or recording rights in question or dealt with in such other way as the court considers appropriate.
| | 204B | Forfeiture: Scotland
| | | (1) In Scotland the court may make an order under this section for the forfeiture of any illicit recordings.
| | | (2) An order under this section may be made-
| | | (a) on an application by the procurator-fiscal made in the manner specified in section 134 of the Criminal Procedure (Scotland) Act 1995 (c. 46), or | | | (b) where a person is convicted of a relevant offence, in addition to any other penalty which the court may impose. | | | (3) On an application under subsection (2)(a), the court shall make an order for the forfeiture of any illicit recordings only if it is satisfied that a relevant offence has been committed in relation to the illicit recordings.
| | | (4) The court may infer for the purposes of this section that such an offence has been committed in relation to any illicit recordings if it is satisfied that such an offence has been committed in relation to illicit recordings which are representative of the illicit recordings in question (whether by reason of being part of the same consignment or batch or otherwise).
| | | (5) The procurator-fiscal making the application under subsection (2)(a) shall serve on any person appearing to him to be the owner of, or otherwise to have an interest in, the illicit recordings to which the application relates a copy of the application, together with a notice giving him the opportunity to appear at the hearing of the application to show cause why the illicit recordings should not be forfeited.
| | | (6) Service under subsection (5) shall be carried out, and such service may be proved, in the manner specified for citation of an accused in summary proceedings under the Criminal Procedure (Scotland) Act 1995.
| | | (7) Any person upon whom notice is served under subsection (5) and any other person claiming to be the owner of, or otherwise to have an interest in, illicit recordings to which an application under this section relates shall be entitled to appear at the hearing of the application to show cause why the illicit recordings should not be forfeited.
| | | (8) The court shall not make an order following an application under subsection (2)(a)-
| | | (a) if any person on whom notice is served under subsection (5) does not appear, unless service of the notice on that person is proved, or | | | (b) if no notice under subsection (5) has been served, unless the court is satisfied that in the circumstances it was reasonable not to serve such notice. | | | (9) Where an order for the forfeiture of any illicit recordings is made following an application under subsection (2)(a), any person who appeared, or was entitled to appear, to show cause why the illicit recordings should not be forfeited may, within 21 days of the making of the order, appeal to the High Court by Bill of Suspension.
| | | (10) Section 182(5)(a) to (e) of the Criminal Procedure (Scotland) Act 1995 shall apply to an appeal under subsection (9) as it applies to a stated case under Part 2 of that Act.
| | | (11) An order following an application under subsection (2)(a) shall not take effect-
| | | (a) until the end of the period of 21 days beginning with the day after the day on which the order is made, or | | | (b) if an appeal is made under subsection (9) above within that period, until the appeal is determined or abandoned. | | | (12) An order under subsection (2)(b) shall not take effect-
| | | (a) until the end of the period within which an appeal against the order could be brought under the Criminal Procedure (Scotland) Act 1995 (c. 46), or | | | (b) if an appeal is made within that period, until the appeal is determined or abandoned. | | | (13) Subject to subsection (14), illicit recordings forfeited under this section shall be destroyed in accordance with such directions as the court may give.
| | | (14) On making an order under this section the court may direct that the illicit recordings to which the order relates shall (instead of being destroyed) be forfeited to the person having the performers' rights or recording rights in question or dealt with in such other way as the court considers appropriate.
| | | (15) For the purposes of this section-
| | | "relevant offence" means an offence under section 198(1) (criminal liability for making or dealing with illicit recordings), or under the Trade Descriptions Act 1968 (c. 29) or any offence involving dishonesty or deception; | | | | | | (a) in relation to an order made on an application under subsection (2)(a), the sheriff, and
| | | (b) in relation to an order made under subsection (2)(b), the court which imposed the penalty.".
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| | 5 | Forfeiture: unauthorised decoders
| | | After section 297B of the 1988 Act (which is inserted by section 2 of this Act) insert-
| | | | "297C | Forfeiture of unauthorised decoders: England and Wales or Northern Ireland
| | (1) In England and Wales or Northern Ireland where unauthorised decoders have come into the possession of any person in connection with the investigation or prosecution of a relevant offence, that person may apply under this section for an order for the forfeiture of the unauthorised decoders.
| | | (2) For the purposes of this section "relevant offence" means-
| | | (a) an offence under section 297A(1) (criminal liability for making, importing, etc. unauthorised decoders), | | | (b) an offence under the Trade Descriptions Act 1968, or | | | (c) an offence involving dishonesty or deception. | | | (3) An application under this section may be made-
| | | (a) where proceedings have been brought in any court for a relevant offence relating to some or all of the unauthorised decoders, to that court, or | | | (b) where no application for the forfeiture of the unauthorised decoders has been made under paragraph (a), by way of complaint to a magistrates' court. | | | (4) On an application under this section, the court shall make an order for the forfeiture of any unauthorised decoders only if it is satisfied that a relevant offence has been committed in relation to the unauthorised decoders.
| | | (5) A court may infer for the purposes of this section that such an offence has been committed in relation to any unauthorised decoders if it is satisfied that such an offence has been committed in relation to unauthorised decoders which are representative of the unauthorised decoders in question (whether by reason of being of the same design or part of the same consignment or batch or otherwise).
| | | (6) Any person aggrieved by an order made under this section by a magistrates' court, or by a decision of such a court not to make such an order, may appeal against that order or decision-
| | | (a) in England and Wales, to the Crown Court, or | | | (b) in Northern Ireland, to the county court. | | | (7) An order under this section may contain such provision as appears to the court to be appropriate for delaying the coming into force of the order pending the making and determination of any appeal (including any application under section 111 of the Magistrates' Courts Act 1980 (c. 43) or Article 146 of the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) (statement of case)).
| | | (8) Subject to subsection (9), where any unauthorised decoders are forfeited under this section they shall be destroyed in accordance with such directions as the court may give.
| | | (9) On making an order under this section the court may direct that the unauthorised decoders to which the order relates shall (instead of being destroyed) be forfeited to a person who has rights or remedies under section 298 in relation to the unauthorised decoders in question, or dealt with in such other way as the court considers appropriate.
| | 297D | Forfeiture of unauthorised decoders: Scotland
| | | (1) In Scotland the court may make an order under this section for the forfeiture of unauthorised decoders.
| | | (2) An order under this section may be made-
| | | (a) on an application by the procurator-fiscal made in the manner specified in section 134 of the Criminal Procedure (Scotland) Act 1995 (c. 46), or | | | (b) where a person is convicted of a relevant offence, in addition to any other penalty which the court may impose. | | | (3) On an application under subsection (2)(a), the court shall make an order for the forfeiture of any unauthorised decoders only if it is satisfied that a relevant offence has been committed in relation to the unauthorised decoders.
| | | (4) The court may infer for the purposes of this section that such an offence has been committed in relation to any unauthorised decoders if it is satisfied that such an offence has been committed in relation to unauthorised decoders which are representative of the unauthorised decoders in question (whether by reason of being of the same design or part of the same consignment or batch or otherwise).
| | | (5) The procurator-fiscal making the application under subsection (2)(a) shall serve on any person appearing to him to be the owner of, or otherwise to have an interest in, the unauthorised decoders to which the application relates a copy of the application, together with a notice giving him the opportunity to appear at the hearing of the application to show cause why the unauthorised decoders should not be forfeited.
| | | (6) Service under subsection (5) shall be carried out, and such service may be proved, in the manner specified for citation of an accused in summary proceedings under the Criminal Procedure (Scotland) Act 1995 (c. 46).
| | | (7) Any person upon whom notice is served under subsection (5) and any other person claiming to be the owner of, or otherwise to have an interest in, unauthorised decoders to which an application under this section relates shall be entitled to appear at the hearing of the application to show cause why the unauthorised decoders should not be forfeited.
| | | (8) The court shall not make an order following an application under subsection (2)(a)-
| | | (a) if any person on whom notice is served under subsection (5) does not appear, unless service of the notice on that person is proved, or | | | (b) if no notice under subsection (5) has been served, unless the court is satisfied that in the circumstances it was reasonable not to serve such notice. | | | (9) Where an order for the forfeiture of any unauthorised decoders is made following an application under subsection (2)(a), any person who appeared, or was entitled to appear, to show cause why the unauthorised decoders should not be forfeited may, within 21 days of the making of the order, appeal to the High Court by Bill of Suspension.
| | | (10) Section 182(5)(a) to (e) of the Criminal Procedure (Scotland) Act 1995 shall apply to an appeal under subsection (9) as it applies to a stated case under Part 2 of that Act.
| | | (11) An order following an application under subsection (2)(a) shall not take effect-
| | | (a) until the end of the period of 21 days beginning with the day after the day on which the order is made, or | | | (b) if an appeal is made under subsection (9) above within that period, until the appeal is determined or abandoned. | | | (12) An order under subsection (2)(b) shall not take effect-
| | | (a) until the end of the period within which an appeal against the order could be brought under the Criminal Procedure (Scotland) Act 1995 (c. 46), or | | | (b) if an appeal is made within that period, until the appeal is determined or abandoned. | | | (13) Subject to subsection (14), where any unauthorised decoders are forfeited under this section they shall be destroyed in accordance with such directions as the court may give.
| | | (14) On making an order under this section the court may direct that the unauthorised decoders to which the order relates shall (instead of being destroyed) be forfeited to a person who has rights or remedies under section 298 in relation to the unauthorised decoders in question, or dealt with in such other way as the court considers appropriate.
| | | (15) For the purposes of this section-
| | | "relevant offence" means an offence under section 297A(1) (criminal liability for making, importing, etc. unauthorised decoders), or under the Trade Descriptions Act 1968 (c. 29) or any offence involving dishonesty or deception; | | | | | | (a) in relation to an order made on an application under subsection (2)(a), the sheriff, and
| | | (b) in relation to an order made under subsection (2)(b), the court which imposed the penalty.".
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Amendment of the Trade Marks Act 1994 | | 6 | Search warrants
| | | After section 92 of the Trade Marks Act 1994 (c. 26) insert-
| | | | "92A | Search warrants
| | (1) Where a justice of the peace (in Scotland, a sheriff or justice of the peace) is satisfied by information on oath given by a constable (in Scotland, by evidence on oath) that there are reasonable grounds for believing-
| | | (a) that an offence under section 92 (unauthorised use of trade mark, etc. in relation to goods) has been or is about to be committed in any premises, and | | | (b) that evidence that such an offence has been or is about to be committed is in those premises, | | | he may issue a warrant authorising a constable to enter and search the premises, using such reasonable force as is necessary.
| | | (2) The power conferred by subsection (1) does not, in England and Wales, extend to authorising a search for material of the kinds mentioned in section 9(2) of the Police and Criminal Evidence Act 1984 (c. 60) (certain classes of personal or confidential material).
| | | (3) A warrant under subsection (1)-
| | | (a) may authorise persons to accompany any constable executing the warrant, and | | | (b) remains in force for 28 days from the date of its issue. | | | (4) In executing a warrant issued under subsection (1) a constable may seize an article if he reasonably believes that it is evidence that any offence under section 92 has been or is about to be committed.
| | | (5) In this section "premises" includes land, buildings, fixed or moveable structures, vehicles, vessels, aircraft and hovercraft.".
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Miscellaneous | | 7 | Short title, commencement and extent
| | | (1) This Act may be cited as the Copyright, etc. and Trade Marks (Offences and Enforcement) Act 2002.
| | | (2) This Act (apart from this section) shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be appointed for different purposes.
| | | (3) An order under subsection (2) may contain transitional provisions and savings relating to the provisions being brought into force by the order.
| | | (4) This Act extends to Northern Ireland.
| | | (5) Section 6 and this section also extend to the Isle of Man.
| | |  | | | | | | | | | Other UK Acts | Home | Scotland Legislation | Wales Legislation | Northern Ireland Legislation | UK Limited Company Formation | Company Formations Ireland | Bookkeeping & Accountancy Services |
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 | © Crown copyright 2002 | Prepared 29 July 2002 |
Copyright Etc Trade Marks Offences Enforcement Act 2002 is reproduced under the terms of Crown Copyright Policy Guidance issued by HMSO.
Publishing Rights: Coddan CPM Core Licence (HMSO) number is C02W0007897 issued on 25 November 2005 by HMSO Licensing Division (Core Licence.pdf Licence to reproduce public sector information).
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Courts And Legal Services Act 1990
Copyright Etc Trade Marks Offences Enforcement Act 2002
