§ 472 — Review after order made under section 470 or 471, etc.

472.—(1) This section applies where an order (called in this section the existing order) has been made under section 470 or 471, or under subsection (6)(b), in respect of a tariff scheme.(2) Subject to subsections (3) and (4), the following persons may refer the tariff scheme to a Copyright Tribunal at any time while the existing order has effect:(a)

the CMO operating the tariff scheme;

(b)

an intending user of the tariff scheme;

(c)

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

(3) If the existing order applies only to one or some (but not all) of the classes of cases to which the tariff scheme applies —(a)

the intending user mentioned in subsection (2)(b) must be an intending user in respect of the class or classes of cases to which the existing order applies;

(b)

the organisation mentioned in subsection (2)(c) must be representative of intending users in respect of the class or classes of cases to which the existing order applies; and

(c)

the reference must relate only to the class or classes of cases to which the existing order applies.

(4) The permission of a Tribunal is required to bring a reference in the following cases:(a)

if the existing order has effect indefinitely or for a period exceeding 15 months — less than 12 months have elapsed since the date of the order;

(b)

if the existing order has effect for a period of 15 months or less — there are more than 3 months before the order expires.

(5) 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.

(6) Subject to subsection (5), the Tribunal must, after reviewing the tariff scheme and having regard to what is reasonable in the circumstances —(a)

confirm the existing order; or

(b)

revoke the existing order and make a fresh order to vary the tariff scheme (including substituting the tariff scheme with another tariff scheme), in which case the Tribunal must also —(i)

specify the date from which the fresh order has effect; and

(ii)

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

(7) To avoid doubt, the Tribunal is not constrained by any term of the tariff scheme (whether relating to its duration or otherwise) in making a fresh order under subsection (6)(b).

(8) The reference may be withdrawn at any time before the Tribunal makes a decision under subsection (6).

(9) 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.

(10) Once an order under subsection (6)(b) takes effect, the tariff scheme remains in force so long as the order has effect.

(11) This section does not prevent a person from bringing a reference of the tariff scheme under section 470 or 471 at any time —(a)

in respect of any class of cases to which the existing order does not apply; or

(b)

after the existing order expires.

—(1) This section applies where an order (called in this section the existing order) has been made under section 470 or 471, or under subsection (6)(b), in respect of a tariff scheme.

(2) Subject to subsections (3) and (4), the following persons may refer the tariff scheme to a Copyright Tribunal at any time while the existing order has effect:(a)

the CMO operating the tariff scheme;

(b)

an intending user of the tariff scheme;

(c)

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

(3) If the existing order applies only to one or some (but not all) of the classes of cases to which the tariff scheme applies —(a)

the intending user mentioned in subsection (2)(b) must be an intending user in respect of the class or classes of cases to which the existing order applies;

(b)

the organisation mentioned in subsection (2)(c) must be representative of intending users in respect of the class or classes of cases to which the existing order applies; and

(c)

the reference must relate only to the class or classes of cases to which the existing order applies.

(4) The permission of a Tribunal is required to bring a reference in the following cases:(a)

if the existing order has effect indefinitely or for a period exceeding 15 months — less than 12 months have elapsed since the date of the order;

(b)

if the existing order has effect for a period of 15 months or less — there are more than 3 months before the order expires.

(5) 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.

(6) Subject to subsection (5), the Tribunal must, after reviewing the tariff scheme and having regard to what is reasonable in the circumstances —(a)

confirm the existing order; or

(b)

revoke the existing order and make a fresh order to vary the tariff scheme (including substituting the tariff scheme with another tariff scheme), in which case the Tribunal must also —(i)

specify the date from which the fresh order has effect; and

(ii)

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

(7) To avoid doubt, the Tribunal is not constrained by any term of the tariff scheme (whether relating to its duration or otherwise) in making a fresh order under subsection (6)(b).

(8) The reference may be withdrawn at any time before the Tribunal makes a decision under subsection (6).

(9) 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.

(10) Once an order under subsection (6)(b) takes effect, the tariff scheme remains in force so long as the order has effect.

(11) This section does not prevent a person from bringing a reference of the tariff scheme under section 470 or 471 at any time —(a)

in respect of any class of cases to which the existing order does not apply; or

(b)

after the existing order expires.