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The Copyright Tribunal Rules 1989

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Application to settle the royalty or other sum payable

Commence-ment of proceedings (Forms 11 & 12)

27.  Proceedings in relation to an application under section 142 of the Act shall be commenced by the service on the Secretary by the copyright owner or the person claiming to be treated as licensed by him–

(a)of a notice in Form 11, in the case of an application under subsection (1) of that section to settle the royalty or other sum payable in pursuance of section 66 of the Act, and

(b)of a notice in Form 12, in the case of an application under subsection (3) of that section for a variation of an order of the Tribunal made under subsection (2) of that section,

together with a statement of the applicant’s case, and by serving a copy thereof on the other party.

Application for special leave (Form 3)

28.—(1) An application under section 142(4) of the Act for the special leave of the Tribunal for a variation of an order under that section shall be made by the service on the Secretary by the applicant of a notice in Form 3, together with a statement of the grounds for the application, and by serving a copy thereof on the other party.

(2) Within 14 days of the service upon him of a copy of the notice under this rule, the other 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 on every party who made representations.

Procedure, and decision of Tribunal

29.—(1) Within 21 days of the service of the notice under rule 27 the other party shall serve on the Secretary his written answer to the applicant’s statement, and shall serve a copy of the same on the applicant and inform the Secretary of the date of such service.

(2) Rules 10 to 16 shall apply to proceedings in respect of an application under rules 27 and 28 as they apply to proceedings in respect of an application under rule 3.

(3) The final decision of the Tribunal on an application under rule 27 shall be given in writing and shall include a statement of the Tribunal’s reasons, and there shall be annexed to the decision a copy of the order and where the Tribunal has varied a previous order, a copy of that order as varied; and the Secretary shall as soon as practicable serve on every party to the proceedings a copy of the Tribunal’s decision. Rules 18 and 19 shall apply with regard to the publication and the effective date of the decision.

Intervener’s application (Forms 5 & 6)

30.  A person or organisation who claims to have a substantial interest in proceedings in respect of an application under rule 27 may, in accordance with rule 23, apply to the Tribunal to be made a party and that rule shall apply to proceedings in respect of such an application as it applies to proceedings in respect of an application under rule 20.

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