Copyright Tribunal Rules 1989

S T A T U T O R Y I N S T R U M E N T S

1989No. 1129

COPYRIGHT

The Copyright Tribunal Rules 1989

Made

4thJuly1989

Laid before Parliament

10thJuly1989

Coming into force

1stAugust1989

ARRANGEMENT OF RULES

Preliminary

1. Citation and commencement

2. Interpretation

References and applications with respect to licensing schemes

3. Commencement of proceedings

4. Application for special leave

5. Advertisement of reference or application

6. Objections to applicant's credentials

7. Intervener's application

8. Objections to intervener's credentials

9. Written response by operator of scheme or intervener

10. Amendment of statement of case and answer

11. Chairman's directions

12. Application for directions

13. Consolidation of proceedings

14. Procedure and evidence at hearing

15. Representation and rights of audience

16. Withdrawal of reference or application

17. Decision of Tribunal

18. Publication of decision

19. Effective date of order

References and applications with respect to licensing by licensing bodies

20. Commencement of proceedings

21. Application for special leave

22. Procedure, and decision of Tribunal

23. Intervener's application

Appeals against orders made by the Secretary of State

24. Commencement of appeal proceedings

25. Procedure, and decision of Tribunal

26. Intervener's application

Application to settle the royalty or other sum payable

27. Commencement of proceedings

28. Application for special leave

29. Procedure, and decision of Tribunal

30. Intervener's application

Application to settle terms of licence as of right

31. Commencement of proceedings

32. Procedure, and decision of Tribunal

33. Intervener's application

Application for Tribunal's consent on behalf of performer

34. Commencement of proceedings

35. Inquiries by Tribunal

36. Procedure, and decision of Tribunal

37. Intervener's application

Application for Tribunal's determination of royalty payable to the Hospital for Sick Children

38. Commencement of proceedings

39. Application for special leave

40. Procedure, and decision of Tribunal

41. Intervener's application

Appeal to the Court from decision of Tribunal and suspension of Tribunal's orders

42. Notice of appeal

43. Application for suspension of order

44. Intervener's application

45. Effect of suspension of order

Miscellaneous and general

46. Application of Arbitration Acts

47. Enforcement of Tribunal's orders in Scotland

48. Costs

49. Fees

50. Service of documents

51. Time

52. Office hours

53. Failure to comply with directions

54. Power of Tribunal to regulate procedure

55. Transitional provisions and revocation of previous Rules

SCHEDULES:

Schedule 1-Table of Fees

Schedule 2-Provisions of Arbitration Acts

Schedule 3-Forms

The Lord Chancellor in exercise of the powers conferred upon him by sections 150 and 152(2) and (3) of, and paragraph 34 of Schedule 1 to, the Copyright, Designs and Patents Act 1988 ( a), after consultation with the Lord Advocate, with the approval of the Treasury as to the fees chargeable under these Rules in respect of proceedings before the Copyright Tribunal, and after consultation with the Council on Tribunals in accordance with section 10(1) of the Tribunals and Inquiries Act 1971 ( b), hereby makes the following Rules:-

Preliminary

"the Act" means the Copyright, Designs and Patents Act 1988;

"applicant" means a person or organisation who has made a reference or application to the Tribunal;

"the Chairman" means the Chairman of the Tribunal or a deputy chairman or any other member of the Tribunal appointed to act as chairman;

"costs", in relation to proceedings in Scotland, means "expenses";

"credentials" means-

(a) the validity of an organisation's claim to be representative of a class of persons, or(b) the possession by an intervener of a substantial interest in the matter in dispute;

"intervener" means a person or organisation who has applied under rule 7, 23, 26, 30, 33, 37, 41 or 44 to be made a party to proceedings;

"the office" means the office for the time being of the Tribunal;

"proceedings" means proceedings in respect of a reference or an application before the Tribunal;

"the Secretary" means the Secretary for the time being of the Tribunal; and

"the Tribunal" means the Copyright Tribunal.

(2) A rule or schedule referred to by number means the rule or schedule so numbered in these Rules; a form referred to by number means a form in Schedule 3 so numbered, and a requirement in these Rules for the service of a notice in a specified form shall be taken to have been complied with if the service of the notice is in a form which is substantially in accordance with the form so specified.

References and applications with respect to licensing schemes

(a) 1988 c.48.

(b) 1971 c.62.

(a) in Form 1 in the case of a reference under section 118, 119 or 120 of the Act,(b) in Form 2 in the case of an application for the grant of a licence or a review of the Tribunal's order under section 121 or 122 of the Act,

together with a statement of the applicant's case.

(2) As soon as practicable after receipt of the notice, the Secretary shall serve a copy of the same (with a copy of the applicant's statement) on the operator of the licensing scheme named in the notice and, in the case of a further reference under section 120 of the Act or an application for a review of an order under section 122 of the Act, as the case may be, on every person who was a party to the proceedings when the order of the Tribunal was made.

(3) In the case of a reference under section 118 of the Act the Tribunal shall, as soon as practicable after the receipt of the applicant's notice, decide whether to entertain the reference and may for that purpose, at its discretion, allow representations in writing to be made by the applicant or the operator of the scheme or both and if, after considering the reference and representations (if any), the Tribunal-

(a) decides to entertain the reference, it shall give such directions as to the taking of any steps required or authorised under these Rules, or as to any further matter (including any order as to costs) as the Tribunal thinks fit, and(b) declines to entertain the reference, it shall direct that no further proceedings shall be taken by any party in connection with the reference, otherwise than in relation to any order for costs which the Tribunal may make under rule 48.

(4) The decision of the Tribunal shall be in writing and shall include a statement of its reasons, and the Secretary shall serve a copy thereof on the applicant and the operator of the licensing scheme.

(2) Within 14 days of the service upon him of such notice, any such party may make representations in writing to the Tribunal regarding the application for special leave, and he shall serve a copy of any such representations on the applicant and inform the Secretary of the date of such service.

(3) The Tribunal, after considering the application and any representations and, if it considers necessary, after having given the applicant and any such party who has made such representations an opportunity of being heard, shall grant or dismiss the application (with such order as to costs) as it may think fit, and if it grants the application it may give such directions as to the taking of any steps required or authorised under these Rules, or as to any further matter as the Tribunal thinks fit.

(4) The decision of the Tribunal shall be in writing and shall include a statement of its reasons, and the Secretary shall serve a copy thereof on the applicant and any party who made representations.

(2) An advertisement shall state-

(a) the names and addresses of the applicant and any organisation or person on whom a copy of the notice of reference or application has been served in accordance with rule 3;(b) the nature of the reference or application;(c) the time, not being less than 21 days from the date of publication of the advertisement, within which-(i) an objection to the applicant's credentials may be made in accordance with rule 6, and(ii) any other organisation or person may apply to the Tribunal to be made a party to the proceedings in accordance with rule 7.

Provided that the Tribunal or the Chairman may give leave, subject to such conditions as the Tribunal or Chairman may think fit, to serve such notice...