Copyright Tribunal (Procedure) Regulations

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28.—(1) A person desiring the leave of the Tribunal under section 162 (2) of the Act to refer a licence scheme to the Tribunal under section 162 (1) of the Act and desiring that the question whether leave should be granted be determined before the preliminary hearing or the hearing of the reference shall make an application to the Tribunal in accordance with this regulation.

(2) The application shall —

(a) describe the general nature of the scheme as previously confirmed or varied by the Tribunal;

(b) specify the class of cases in relation to which the applicant wishes to refer the scheme to the Tribunal;

(c) specify the date when the Tribunal last made an order with respect to the scheme in relation to that class of cases and the relevant case file number;

(d) state the name of the other party to the dispute that gave rise to the application;

(e) set out particulars of the matter in dispute;

(f) state the grounds on which leave is sought for the making of the reference;

(g) request the Tribunal to grant leave to the applicant to refer the scheme to the Tribunal in so far as it relates to that class of cases; and

(h) be in Form 11.

(3) The parties to the application shall be —

(a) the applicant;

(b) if the application is not made by the licensor operating the scheme — that licensor; and

(c) such other persons (if any) as apply to the Tribunal to be made parties to the application and are made parties to the application in accordance with paragraph (4).

(4) Where a person applies to the Tribunal to be made a party to the application and it appears to the Tribunal that the person has a substantial interest in the operation of the scheme in so far as it relates to the class of cases specified in the application, the Tribunal may, if it thinks fit, make that person a party to the application.

(5) The Tribunal shall consider the application and, after giving to the parties to the application an opportunity of presenting their cases, shall make such order, either granting or refusing the application, as the Tribunal thinks fit.

References under section 162 of Act.

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29.—(1) A reference of a licence scheme to the Tribunal under section 162 of the Act shall —

(a) specify the date when the Tribunal last made an order with respect to the scheme that is applicable in the class of cases to which the reference relates and the relevant case file number;

(b) state whether the person referring the scheme is —

(i) the licensor operating the scheme;

(ii) an organisation claiming to be representative of persons requiring licences in cases included in the class of cases to which the order applies; or

(iii) a person claiming that he requires a licence in a case included in that class;

(c) specify the class of cases to which the reference relates;

(d) state the name of the other party to the dispute that gave rise to the reference;

(e) set out particulars of the matter in dispute;

(f) where leave of the Tribunal is required for the making of the reference —

(i) if that leave has already been granted — specify the date when the Tribunal granted the leave and the relevant file number; and

(ii) in any other case — state the grounds on which leave is sought for the making of the reference and request the Tribunal to grant leave for the making of the reference;

(g) request the Tribunal to make such order in relation to the scheme as previously confirmed or varied, in so far as it relates to cases included in the class of cases to which the reference relates, whether by way of confirming, varying or further varying the scheme, as the Tribunal considers reasonable in the circumstances; and

(h) be in Form 12.

(2) Regulation 27 (2) shall apply for the purposes of this regulation.

Applications under section 163 (1) of Act.

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30.—(1) An application to the Tribunal under section 163 (1) of the Act shall —

(a) set out the circumstances or events giving rise to the application and, in particular, shall —

(i) specify the case in which a licence is required by the applicant;

(ii) specify the licence scheme applicable in that case;

(iii) state the name of the licensor operating the scheme; and

(iv) specify the date or the approximate date on which the applicant requested the licensor to grant him a licence in accordance with the scheme, or to procure the grant to him of such a licence;

(b) request the Tribunal to make an order specifying the charges, if any, and the conditions, that the Tribunal considers to be applicable in accordance with the scheme in relation to the applicant; and

(c) be in Form 13.

(2) The licensor shall be a party to the application.

Applications under section 163 (2) of Act.

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31.—(1) An application to the Tribunal under section 163 (2) of the Act shall —

(a) set out the circumstances or events giving rise to the application and, in particular, shall —

(i) specify the case in which a licence is required by the applicant;

(ii) specify the licence scheme applicable in that case;

(iii) state the name of the licensor operating the scheme; and

(iv) specify the charges or conditions to which the grant of a licence in accordance with the scheme would, in that case, be subject and which are claimed by the applicant to be unreasonable in the circumstances of the case;

(b) request the Tribunal to make an order specifying the charges, if any, and the conditions, that the Tribunal considers reasonable in the circumstances in relation to the applicant; and

(c) be in Form 13.

(2) The licensor shall be a party to the application.

Applications under section 163 (3) of Act.

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32.—(1) An application to the Tribunal under section 163 (3) of the Act shall —

(a) set out the circumstances or events giving rise to the application and, in particular, shall —

(i) specify the case in which a licence is required by the applicant;

(ii) state the name of the licensor concerned;

(iii) if section 163 (3) (a) of the Act is applicable — specify the date or the approximate date on which the applicant requested the licensor to grant him a licence or to procure the grant to him of a licence; and

(iv) if section 163 (3) (b) of the Act is applicable — specify the charges or conditions to which the licensor proposes that the licence should be subject and which are claimed by the applicant to be unreasonable;

(b) request the Tribunal to specify the charges, if any, and the conditions, that the Tribunal considers reasonable in the circumstances in relation to the applicant; and

(c) be in Form 14.

(2) The licensor shall be a party to the application.

Applications under section 163 (4) of Act.

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33.—(1) An application to the Tribunal under section 163 (4) of the Act shall —

(a) set out the circumstances or events giving rise to the application and, in particular, shall —

(i) specify the cases in which licences are required by persons represented by the applicant;

(ii) state the name of the licensor concerned;

(iii) if section 163 (4) (a) of the Act is applicable — specify the dates or the approximate dates on which the licensor was requested to grant licences to persons represented by the applicant, or to procure the grant of such licences; and

(iv) if section 163 (4) (b) of the Act is applicable — specify the charges or conditions to which the licensor proposes that licences to be granted to persons represented by the applicant should be subject and which are claimed by the applicant to be unreasonable;

(b) request the Tribunal to specify the charges, if any, and the conditions, that the Tribunal considers reasonable in the circumstances in relation to the persons represented by the applicant; and

(c) be in Form 14.

(2) The licensor shall be a party to the application.

Applications under section 166 (1) of Act.

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34.—An application to the Tribunal by the Attorney-General under section 166 of the Act shall —

(a) identify the body administering an educational institution in respect of which the application for an order suspending the application of section 52 (1) and (2) of the Act is made;

(b) set out details of the offences against regulation 9 (2) of the Copyright Regulations of which that body has been convicted;

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(c) annex certified copies of the convictions for those offences;

(d) specify the period recommended in respect of the order applied for to suspend the application of section 52 (1) and (2) of the Act in relation to that body administering an educational institution; and

(e) be in Form 15.

Applications under section 167 (1) of Act.

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35.—An application to the Tribunal under section 167 (1) of the Act shall —

(a) identify the order under section 166 (1) of the Act to which the application relates;

(b) annex a certified copy of that order;

(c) set out details of the steps taken since the making of the order by the body making the application to ensure that no further contravention of regulation 9 (2) of the Copyright Regulations will occur;

(d) request the Tribunal to revoke the order to which the application relates; and

(e) be in Form 16.

Applications to fix terms under section 198 (5) of Act.

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36.—An application to the Tribunal to fix terms under section 198 (5) of the Act for the doing of an act comprised in the copyright by the Government or a person authorised in writing by the Government shall —

(a) set out the circumstances or events giving rise to the application and, in particular, shall —

(i) identify the work or other subject-matter to which the application relates;

(ii) identify the act comprised in the copyright that was done, or is proposed to be done, under section 198 (1) of the Act;

(iii) state whether the applicant is the owner of the copyright in the work or other subject-matter or the Government;

(iv) if the applicant is the owner of the copyright — state whether the act that was done, or is proposed to be done, under section 198 (1) of the Act was done, or is proposed to be done, by the Government; and

(v) if the applicant is the Government — state the name of the copyright owner;

(b) request the Tribunal to fix terms as between the copyright owner and the Government for the doing of any of the acts comprised in the copyright under section 198 (1) of the Act; and

(c) be in Form 17.

Application to be made a party to a proceeding.

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37.—(1) An application to the Tribunal to be made a party to a proceeding shall —

(a) specify the date when the proceeding was instituted and the relevant case file number;

(b) set out the interest of the applicant —

(i) where the proceeding is a reference under section 160 of the Act — in the operation of the scheme to which the reference relates;

(ii) where the proceeding is a reference under section 161 or 162, or an application under section 163, of the Act — in the matter in dispute; and

(iii) where the proceeding is an application for leave of the Tribunal under section 162 (2) of the Act to refer a licence scheme to the Tribunal — in the operation of the scheme in so far as it relates to the class of cases specified in that application;

(c) request the Tribunal to make the person a party to the proceeding; and

(d) be in Form 18.

(2) The Tribunal shall give to the applicant, to every party to the proceeding, and to every other person who has applied to be made a party to the proceeding and whose application has not been determined, an opportunity of presenting a case.

Other applications.