§ 471 — Review of in‑force tariff scheme

471.—(1) This section applies where —(a)

a tariff scheme is in force; and

(b)

there is a dispute about the terms of the tariff scheme between the CMO that formulated the tariff scheme and —(i)

an intending user of the tariff scheme; or

(ii)

an organisation that is representative of intending users of the tariff scheme.

(2) The CMO, user or organisation may refer the tariff scheme, so far as it relates to the class of cases the user or organisation is concerned with, to a Copyright Tribunal.

(3) The Tribunal must reject the reference without considering its merits if —(a)

it is made by an organisation; and

(b)

the organisation is not reasonably representative of the intending users it claims to represent.

(4) Subject to subsection (3), the Tribunal must, after reviewing the tariff scheme and having regard to what is reasonable in the circumstances —(a)

make an order to confirm or vary the tariff scheme (including substituting the tariff scheme with another tariff scheme);

(b)

specify the date from which the order has effect; and

(c)

specify whether the order has effect indefinitely or for a specified period.

(5) To avoid doubt, the Tribunal is not constrained by any term of the tariff scheme (whether relating to its duration or otherwise) in making an order under subsection (4).

(6) The reference may be withdrawn at any time before the Tribunal makes an order under subsection (4).

(7) Despite anything in the tariff scheme but subject to any interim order made by the Tribunal, the tariff scheme remains in force while the reference is pending.

(8) Once an order made under subsection (4) takes effect, the tariff scheme remains in force so long as the order has effect.

—(1) This section applies where —(a)

a tariff scheme is in force; and

(b)

there is a dispute about the terms of the tariff scheme between the CMO that formulated the tariff scheme and —(i)

an intending user of the tariff scheme; or

(ii)

an organisation that is representative of intending users of the tariff scheme.

(2) The CMO, user or organisation may refer the tariff scheme, so far as it relates to the class of cases the user or organisation is concerned with, to a Copyright Tribunal.

(3) The Tribunal must reject the reference without considering its merits if —(a)

it is made by an organisation; and

(b)

the organisation is not reasonably representative of the intending users it claims to represent.

(4) Subject to subsection (3), the Tribunal must, after reviewing the tariff scheme and having regard to what is reasonable in the circumstances —(a)

make an order to confirm or vary the tariff scheme (including substituting the tariff scheme with another tariff scheme);

(b)

specify the date from which the order has effect; and

(c)

specify whether the order has effect indefinitely or for a specified period.

(5) To avoid doubt, the Tribunal is not constrained by any term of the tariff scheme (whether relating to its duration or otherwise) in making an order under subsection (4).

(6) The reference may be withdrawn at any time before the Tribunal makes an order under subsection (4).

(7) Despite anything in the tariff scheme but subject to any interim order made by the Tribunal, the tariff scheme remains in force while the reference is pending.

(8) Once an order made under subsection (4) takes effect, the tariff scheme remains in force so long as the order has effect.